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Published

April 8, 2022

Written by

Sanjana Varghese

International gathering brings nearer a protocol on restricting explosive weapon use in urban areas.

States edged closer to a political declaration on the use of explosive weapons in populated areas on April 8th, after three days of crunch talks in Geneva.

More than 65 states descended on the Swiss city for key talks on the wording of a political declaration that advocates believe would save thousands of lives by restricting the use of wide area effect explosive weapons in populated areas (EWIPA). Detractors, such as the United States government, argue it would unfairly limit the freedom of their own military actions and have threatened not to sign.

While no final text was agreed upon Friday, all sides struck an optimistic tone at the end of the three-day meet – saying a deal was nearer than ever. Delegates will meet again for one day in two months before an adoption ceremony expected in the summer.

“There are clearly differences of opinion but we have seen a very positive, solution oriented approach,” the chairperson, Ambassador Michael Gaffey of Ireland, said. “We are not simply working on a formula of words in a political declaration –  we want to make a real difference and impact on the ground and foster behavioural change.”

The talks were given additional urgency by the ongoing war in Ukraine, and Russia’s extensive use of explosive weapons on its cities. Moscow did not attend the talks.

Even the United States, widely viewed as one of the most hostile states to a declaration with teeth, struck a more positive tone than in previous meets. “There are still tough drafting issues and decisions ahead, and we have to get them right. The US delegation pledges our goodwill, to help to get to a positive outcome. We look forward to doing so.”

Since 2018, Ireland has chaired consultations on the use of explosive weapons in populated areas. In the sessions since, the need for such a declaration – which is not legally binding and so does not create new legal obligations – has only become clearer.

“The draft declaration text holds the potential to make a meaningful contribution to the protection of civilians, and negotiations over the past few days have overall been constructive,” Laura Boillot of INEW, a network of NGOs pushing for the protocol, told Airwars.

“But decisions will now need to be made if the final text is going to have humanitarian effect. Most importantly it needs to establish a presumption against the use of explosive weapons with wide area effects in towns, cities and other populated areas.”

It will be a failure to leave this room agreeing that simply restating existing laws will reduce civilian harm – a failure for all of us who came here with the intention to reduce that harm in the first place." @alma_osta in HI concluding remarks at #EWIPA negotiations today. pic.twitter.com/pTKpgfqWWU

— HI_Advocacy (@HI_Advocacy) April 8, 2022

Civil society groups and international agencies made a strong case for restricting EWIPA.

Three days of consultations

During three days of focused talks, several key fissures bubbled. While states in attendance – and civil society organisations – repeatedly emphasised the shared desire to produce a tangible and meaningful political declaration that could help save civilian lives on the ground, the practicalities of the process made clear that good intentions weren’t going to be enough.

On the first day of the informal consultations on April 6th, states made general remarks – affirming their support for the proceedings as well as their national positions – after an introductory statement from Ireland, the penholder.

In these general remarks, most states tended towards re-affirming the positions they had made clear in previous negotiations. On the hawkish side, the UK, US, Israel and Canada all emphasized that their positions as militarily active states meant that they would not sign a declaration in its current form, which included strong language about avoiding the use of explosive weapons in urban areas. Throughout the week, the delegates from these countries could often be seen meeting as a bloc outside of formal proceedings.

Many of the sticking points that emerged on the first day continued to dominate both the main floor and side conversations. The predominant line of argument was between those who argued that the declaration needed only to reaffirm the importance of international humanitarian law and provide further guidance about how to do so in this context; and those who asserted that this declaration needed to strengthen existing commitments and add new ones for states around the use of explosive weapons.

The second day of discussions took a more technical turn, with the majority of interventions focused on the wording of specific clauses and paragraphs of the text.

Clause 3.3, which attracted much attention in previous consultations, was once  again hotly debated. It is one of the first clauses in Section B, the operative section – which lays out the actions that states have to comply with if they choose to sign onto the declaration.

In the current draft, Clause 3.3 says states must: “Ensure that our armed forces adopt and implement a range of policies and practices to avoid civilian harm, including by restricting or refraining from the use of explosive weapons with wide area effects in populated areas, when the effects may be expected to extend beyond a military objective.”

The bulk of the discussion around this clause was on the second sentence, as many states intervened on the use of “restricting or refraining,” with some suggesting it was strong enough while others lobbied instead for the use of “avoid”.

A split between the majority of civil society organisations and militarily-powerful states was apparent during these parts of the discussions, with NGOs and international agencies pushing for stronger language, rather than trying to place limits on what kinds of civilian harm would be protected under this new declaration.

Airwars’ incoming director and current head of research Emily Tripp also made an intervention – emphasising how crucial it was for states to actually track civilian harm.

Airwars’ incoming director Emily Tripp addresses a UN-backed conference on explosive weapons in Geneva on April 7th, 2022 (Image: Airwars)

At the end of day two INEW, one of the organisers, named nine states – Belgium, Canada, Denmark, Israel, the Republic of Korea, Sweden, Turkey, the United Kingdom and the United States – that it said had “worked to weaken declaration provisions.” The UK delegation, for example, agreed that tracking civilian harm was a ‘moral obligation,’ but then highlighted ways in which it claimed this was not feasible – arguing that live hostilities made it near impossible to monitor casualties properly.

But INEW also said that there had been a “shift in the collective tone set by states since the last round of negotiations, with more governments explicitly committed to strengthening the protection of civilians through the declaration.”

The statement said this was likely as a response to the bombing of Ukrainian towns and cities, and the Ukraine crisis loomed large over the conflict. Not only did the majority of states open their remarks with condemnation of the Russian aggression in Ukraine, many also emphasised the importance of a meaningful political declaration with specific reference to Ukrainian cities and towns such as Mariupol, Bucha and Khrarkiv.

There was also an emphasis on the value of protecting civilian objects and infrastructure, such as schools and hospitals, with states such as Mexico and the delegate for the Holy See (which holds observer state) urging specific language around the need to protect hospitals, blood transfusion centres, and environmental and religious sites.

Speaking at the end of the latest talks, Ambassador Gaffey said Ireland and organisers would review the submissions from all parties before a month or two of further work on the text. He said states and NGOs would then hold a final one-day consultation in a couple of months, before a political adoption ceremony where states would declare their support for the text.

As Alma Taslidžan Al-Osta, of Humanity and Inclusion, noted in her own concluding remarks to delegates: “Eleven years in Syria, seven years in Yemen and over a month in Ukraine have taught us that explosive weapons with wide area effects should not be used in towns, cities and populated areas. The status quo is no longer an option.”

Civilians increasingly bear the brunt of modern conflicts. Addressing the devastating harm to civilians from Explosive Weapons in Populated Areas is a priority for 🇮🇪. We welcome states, international organisations and civil society to consultations in Geneva this week #EWIPA pic.twitter.com/pAyglwZO9D

— Disarmament IRELAND (@DisarmamentIRL) April 6, 2022

Ireland chaired Geneva talks on restricting urban use of explosive weapons

▲ The three-day EWIPA conference in Geneva sought to reach a deal on the use of explosive weapons in urban environments (Airwars)

Published

February 9, 2022

Written by

Airwars Staff

Header Image

President Joe Biden in the Oval Office, November 2021 (Official White House Photo by Adam Schultz)

“For two decades, U.S. operations overseas have killed tens of thousands of civilians around the world – primarily from Brown, Black, and Muslim communities.”

On February 8th, Airwars joined its voice with 104 other organisations – including human rights, humanitarian, protection of civilians, peacebuilding, civil liberties, social and racial justice, government accountability, veterans, and faith based NGOs – to call for President Joe Biden to act urgently to overhaul US civilian harm policies and practises.

Recent New York Times investigations have documented significant shortcomings in how the US government – and its allies – monitors, investigates, and accounts for civilian harm as a result of its own military action. These have shown how the US military has routinely rejected civilian harm incidents, with decisions often riddled with basic errors, translation problems, or a lack of judgement and oversight. The Times reports echo years of similar findings by casualty monitors and human rights investigators.

There is now renewed attention within Congress and the Department of Defense on the vital changes needed, for example with the announcement of a Pentagon inquiry into how the military covered up civilian harm in Baghouz, and during recent sessions of the Senate Armed Services Committee.

“As an organisation committed to reducing civilian harm in the battlefield, we join our many partners in urging President Biden to publicly recognise systemic and structural flaws in the US military’s approach to civilian casualties,” says Airwars advocacy officer Georgia Edwards. “Fulfilling his earlier pledges on human rights and moral leadership, he must now set a new course for the US government and military which opens up pathways to justice and accountability for civilians affected by US military actions.”

▲ President Joe Biden in the Oval Office, November 2021 (Official White House Photo by Adam Schultz)

Published

January 28, 2022

Written by

Sanjana Varghese

Civilian harm reduction proposals cautiously welcomed by NGOs - but delivery will be key.

Secretary of Defense Lloyd Austin has announced major proposals to overhaul how the US military monitors, assesses and documents when its actions kill civilians, a move warily welcomed by human rights and civilian harm mitigation NGOs.

Building on years of documentation by groups like the Syrian Network for Human Rights and Airwars, since late 2021 the New York Times has produced a series of deep investigations documenting systemic flaws in the way US military operations track casualties from their strikes. These revelations have prompted further scrutiny of the US military’s approach to civilian harm and raised pressures on the Biden administration to intervene.

In a directive released on January 27th, Austin announced a major shake-up of Department of Defense (DoD) policies on civilian harm reduction, including the establishment of a ‘civilian protection center of excellence’.

“The protection of innocent civilians in the conduct of our operations remains vital to the ultimate success of our operations and as a significant strategic and moral imperative,” Austin told reporters.

The directive gives the Under Secretary of Defense for Policy, Dr Colin Kahl, 90 days to prepare a “comprehensive” Civilian Harm Mitigation and Response Action Plan, or CHMRAP, that emphasises that “efforts to protect civilians are the responsibility of all leaders throughout the (DoD), always, and not only that of our commanders and personnel in the field in the execution of missions assigned.”

Austin’s directive also paves the way for the establishment of a new ‘civilian protection center of excellence’ which according to DoD, will enable it to “better expedite and institutionalize the advancement of our knowledge, practices, and tools for preventing, mitigating, and responding to civilian harm.”

And there are also plans to shake up how the Pentagon collects, shares and learns from casualty data; to re-examine the issue of condolence payments to victims; and to “Incorporate guidance for addressing civilian harm across the full spectrum of armed conflict into doctrine and operational plans, so that we are prepared to mitigate and respond to civilian harm in any future fight.”

The CHMRAP will then itself feed into a forthcoming Department of Defense Instruction, or DODI – a long awaited department-wide policy on civilian harm reduction. Airwars was among more than a dozen US and international NGOs which engaged extensively with the Pentagon on the DODI – which has been awaiting a signature since November 2020, when drafting was completed.

According to Austin, the DODI “should be informed by the CHMRAP and presented to the Secretary of Defense  for signature within 90 days of the CHMRAP’s conclusion” – meaning it should come into force by late July.

“Austin’s directive and the promised release of the DODI could be a crucial step towards standardising the US military’s approach to civilian harm assessments across US commands,” Emily Tripp, Airwars’ research manager, said.

Marc Garlasco, a military advisor at PAX and former civilian harm assessor with NATO, was among those cautiously welcoming the Pentagon announcements. “The memo sends a strong message that civilian harm mitigation (CHM) is not simply an issue for counterinsurgency. The US military is embracing CHM as it shifts to great power competition,” he said in a thread on Twitter.

🧵 on today's memo on "Improving Civilian Harm Mitigation & Response" by @SecDef. The memo is welcome focus from the highest level of @DeptofDefense showing leadership & taking ownership of the issue of civilian harm. Allow me to cover the salient points both pro & con 1/ #CIVCAS https://t.co/BJ83W6mXX9

— Marc Garlasco (@marcgarlasco) January 28, 2022

Critical study

On the same day that Secretary Austin announced his shakeup, the RAND Corporation also published a major Congressionally-mandated review of the US military’s approaches to mitigating civilian harm.

The deep-dive report, ‘US Department of Defense Civilian Casualty Policies and Procedures,’ argues that while the DoD may have made progress in some areas, “additional concrete steps are overdue.”

RAND points to several weaknesses in the DoD’s own policies and procedures – including that military officials often did not “sufficiently engage external sources” such as Airwars before they concluded investigations and designated them as non-credible; that investigations are often treated as independent of each other and so levels of detail between them vary widely; and that military assessments are often subject to long delays.

Several graphics in the report demonstrate the often extreme gap between US military estimates of civilian harm, and those of NGOs such as Amnesty International, Human Rights Watch and Airwars – noting that in Syria in 2019, more than 1,100 civilian deaths were locally alleged from US actions, yet with only 21 fatalities so far officially admitted.

The RAND report makes a number of recommendations, noting that many were called for several years ago. These include incorporating civilian harm assessments into intelligence estimates; reducing the eligibility conditions for those who can claim ex gratia payments; and implementing a standardised civilian harm reporting process across conflicts.

Airwars was among several stakeholders which met with RAND during the drafting of the report. “Many of the critical recommendations in this valuable study have long been requested by the NGO community and by Congress – and we urge the Biden Administration to now act swiftly,” Airwars director Chris Woods said.

▲ US Vice President Kamala Harris, President Joe Biden and Secretary of Defense Lloyd Austin, tour the Pentagon on February 10th 2021 (Official White House photo by Adam Schultz)

Published

December 22, 2021

Written by

Imogen Piper and Joe Dyke

Official military data shows a 54 percent decline in strikes across all US conflicts during Biden’s year in office.

There has been much speculation in recent weeks about what President Biden’s first year in office shows us about his foreign policy – and in particular whether he is ending 20 years of America’s so-called ‘forever wars’.

As 2021 nears its end, Airwars reached out to US combatant commands to request strike data for conflicts. Coupled with the long-delayed release of crucial strike data from Afghanistan, Airwars can assess for the first time what the ‘war on terror’ looks like under Joe Biden.

The biggest take-home is that Biden has significantly decreased US military action across the globe.

Overall, declared US strikes have fallen by 54% globally during 2021

In total, declared US strikes across all five active US conflict zones – Afghanistan, Iraq, Somalia, Syria and Yemen – fell from 951 actions in 2020, to 439 by mid December 2021, a decrease of 54 percent. This is by far the lowest declared annual US strike number since at least 2004, and reflects a broader trend of declining US actions in recent years.

During 2021, the overwhelming majority of US strikes (372) took place in Afghanistan prior to withdrawal on August 31st. In fact, the United States carried out more than five times as many strikes in Afghanistan this year than in all other active US conflict zones combined.

If you were to remove Afghanistan from the data, the United States has declared just 67 strikes across the globe so far in 2021.

Afghanistan dominated US military actions during 2021

Civilian casualties also down

This trend is also reflected in far lower numbers of civilians allegedly killed by US strikes. During 2021, there were no credible local allegations of civilians likely killed by US strikes in Iraq, Libya, Pakistan or Yemen.

However,  at least 11 civilians were likely killed by US actions in Syria. In Afghanistan at least 10 civilians were confirmed killed by US actions. That latter figure is almost certainly higher, since we now know the US dropped more than 800 munitions on Taliban and Islamic State fighters during the year. At least some of those strikes were in urban areas where civilians are particularly at risk. However exact estimates remain elusive, due to ongoing confusion between US strikes and those carried out by Afghan security forces up to August.

In Somalia one civilian was locally reported killed by US strikes, though this occurred before Biden assumed office on January 20th.

Biden is partly continuing a trend seen in recent years – the number of strikes has largely fallen since 2016 when the war with the so-called Islamic State reached its apex. Below, we provide breakdowns of both US and allied airstrikes and locally reported civilian casualties – as well as emerging trends – for each individual conflict.

Over the length of the ‘War on Terror’, the invasion of Iraq in 2003 still marks the highest number of declared US strikes.

Afghanistan

On December 17th 2021, Biden’s administration finally released strike data for the final two years of the Afghanistan war. Such monthly releases were standard practice for nearly two decades but were stopped in March 2020, with the Trump administration arguing that their ongoing release could jeopardise peace talks with the Taliban. The Biden administration then chose to continue with that secrecy.

Now we can see why. The new releases show that despite a ‘peace’ agreement with the Taliban signed on February 29th 2020, under which the US was expected to withdraw in 14 months, the Pentagon continued its aggressive aerial campaigns in Afghanistan. Between March and December 2020, more than 400 previously undeclared strikes took place under Trump, while there were at least 300 US strikes in Afghanistan under Biden until August.

In total, almost 800 previously secret recent US airstrikes in Afghanistan during the Trump and Biden administrations have now been declared.

While Airwars does not track allegations of civilian harm in Afghanistan, the United Nations Assistance Mission to Afghanistan (UNAMA) has done so for more than a decade. Yet the decision by the Pentagon to stop publishing strike data in early 2020 may have led the UN to significantly underestimate casualties from US actions.

In its report detailing civilian casualties in Afghanistan from January to June 2021, UNAMA found that 146 civilians had been killed and 243 injured in airstrikes. Yet it seemed to assume these were all carried out by US-backed Afghan military forces, instead of the US.

“UNAMA…did not verify any airstrike by international military forces that resulted in civilian casualties during the first six months of 2021,” the report asserted. Such assessments will likely now require a fresh review, in the wake of recent US strike data releases.

We do know for certain that ten civilians were killed by US actions after that six-month period, on August 29th this year in Kabul – in the final US drone strike of a 20-year war. The US initially claimed this was a “righteous strike” on an Islamic State terrorist. However investigative journalists quickly showed the victims were in fact an aid worker and nine members of his young family, forcing the military to admit an error. Despite this, it recently concluded no disciplinary measures against personnel were necessary.

After the ignominious US withdrawal on August 31, US strikes have stopped. While at the time Biden discussed the possibility of continuing “over the horizon” airstrikes from a nearby country, this has not yet happened.

“The skies over Afghanistan are free of US war planes for the first time in two decades. A whole generation grew up under their contrails, nobody looks at the sky without checking for them,” Graeme Smith of the International Crisis Group told Airwars. “Their absence heralds the start of a new era, even if it’s not yet clear what that new chapter will bring.”

Iraq and Syria

During 2020, the number of air and artillery strikes conducted by the US-led Coalition against the Islamic State – Operation Inherent Resolve – has continued to fall, alongside an ongoing reduction in civilian harm allegations.

OIR declared 201 air and artillery strikes in Iraq and Syria in 2020, and only 58 strikes by early December 2021. This represents a reduction of around 70  percent in one year, and a 99 percent reduction in declared strikes between 2017 and 2021.

In Iraq, Airwars has tracked no local allegations of civilian harm from US led actions during 2021, down from an estimated five civilian fatalities in 2020. At the height of the Coalition’s war against ISIS in 2017, Airwars had tracked a minimum of 1,423 civilian fatalities.

In Syria, however, civilian harm allegations from Coalition actions actually increased this year, up from a minimum of one death in 2020 to at least eleven likely civilian fatalities in 2021. This does still represent a low figure compared to recent history: in 2019, Airwars had identified a minimum of 490 civilians likely killed by the Coalition, a reduction of 98 percent to this year.

Since 2019, Afghanistan has replaced Iraq and Syria as the primary focus of US military actions.

One key concern in Syria is that most recently reported civilian deaths have resulted not from declared US airstrikes, but from joint ground operations with Syrian Democratic Forces (SDF), often supported by US attack helicopters.

These include a raid on the town of Thiban in Deir Ezzor, carried out by the SDF with the support of the US-led Coalition at dawn on July 16th 2021. Eyewitnesses reported that a “force consisting of several cars raided civilian homes, without warning, accompanied by indiscriminate shooting between the houses with the aim of terrorising the ‘wanted’”. Two civilians, a father and son, were killed in the raid, reportedly shot outside their home.

Separately, on the morning of December 3rd 2021, a declared US drone strike killed at least one man and injured at least six civilians, including up to four children from the same family. Multiple sources reported that the drone targeted a motorcycle but also hit a passing car that the Qasoum family were traveling in. Ahmed Qasoum, who was driving, described the incident; “the motorcycle was going in front of me and I decided to pass it, when I got parallel to it, I felt a lot of pressure pushing the car to the left of the road….It was horrible.” His ten-year-old son had a fractured skull, while his 15-year-old daughter sustained a serious shrapnel injury to her head.

On December 6th, Pentagon Press Secretary John Kirby said the strike had targeted an Al-Qaeda linked militant but “the initial review of the strike did indicate the potential for possible civilian casualties.”

+18 | "دوبلت الموتور إجت طيارة استطلاع ضربتني"يستمعون إلى الموسيقا وفجأة..مشهد مرعب للحظة استهداف عائلة في ريف #إدلبخاص #تلفزيون_سوريا@syriastream pic.twitter.com/ao0hy4stb1

— تلفزيون سوريا (@syr_television) December 5, 2021

A dashboard camera captures the moment a US strike also hits a passing civilian vehicle. 

Libya, Pakistan, Somalia and Yemen

Under Donald Trump, there had been a record rise both in declared US airstrikes in Somalia, and in locally reported civilian deaths and injuries – with the last likely death from a US action tracked by Airwars on the final day of Trump’s presidency.

Since then, Airwars has tracked no locally reported civilian deaths in Somalia under Biden. For the entire year, AFRICOM has declared nine strikes so far, four of which occurred under Biden. When he came to power, his administration implemented a six-month moratorium on strikes, multiple sources said. This meant that both AFRICOM and even the CIA had to have White House permission before carrying out strikes in either Somalia or Yemen.

On July 20th 2021, the day the moratorium ended, AFRICOM declared the first Somali strike of the Biden era – targeting the Al-Shabaab Islamist group. Multiple militants were reported killed, though no civilians were among them. A small number of additional strikes against Al-Shabaab occurred in the weeks afterwards, the most recent of which was on August 24th. Since then, there have been no declared strikes.

In Yemen, where the US has carried out periodic strikes against alleged Al-Qaeda affiliates since 2009, there have so far been no reliable reports of US strikes under Biden. In August, Al-Qaeda itself claimed two of its fighters had been killed in a US action, though there were no details on the date or location of this event.

Responding to an email query from Airwars on November 18th, the US military denied carrying out any recent attacks, noting that “CENTCOM conducted its last counterterror strike in Yemen on June 24, 2019. CENTCOM has not conducted any new counterterror strikes in Yemen since.”

However, in a more ambivalent statement to Airwars on December 16th, CENTCOM spokesperson Bill Urban noted only that “I am not aware of any strikes in Yemen in 2021.” Airwars is seeking further clarity, particularly since it is known that the CIA carried out several airstrikes on Al Qaeda in Yemen during 2020.

In both Libya and Pakistan, long running US counter terrorism campaigns now appear to be over. The last locally claimed CIA strike in Pakistan was in July 2018 under President Trump, while in Libya, the last likely US strike was in October 2019.

A crucial year ahead

Based on official US military data, it is clear that Joe Biden is building on a trend seen in the latter years of Donald Trump’s presidency, further decreasing the scope and scale of the ‘forever wars.’

In Iraq and Syria, US forces appear to be transitioning away from carrying out active strikes in favour of supporting allied groups – although Special Forces ground actions continue in Syria, sometimes with associated civilian harm. The war in Afghanistan is now over, and it seems the long-running US campaigns in Pakistan and Libya have drawn to permanent halts. US airstrikes in Somalia and Yemen have all but stopped for now.

Still unknown is the likely framework for US military actions moving forward. In early 2021, Biden commissioned a major review of US counter terrorism policy. Led by National Security Advisor Jake Sullivan, the results are expected to be announced in the coming months. This will likely give us a far clearer idea how Biden believes the US should fight both ongoing wars and future ones.

Is 2022 the year Biden rescinds the AUMF? (Official White House Photo by Adam Schultz)

And then there is amending – or even repealing – the 2001 Authorization for the Use of Military Force (AUMF). That law, passed by Congress in the wake of 9/11, essentially granted the US President the right to conduct strikes anywhere in the world in the context of the ‘war on terror.’ Initially designed for use against Al-Qaeda, it has been employed against an ever widening pool of US enemies.

The future of the 2001 AUMF is once again likely to be debated by Congress in 2022. While unlikely to be repealed, it could possibly be significantly amended, Brian Finucane, senior advisor for the US programme at International Crisis Group, told Airwars.

“That would entail at a minimum specifying who the United States can hit – explicitly identifying the enemy. Secondly identifying where it should be used – geographical limits. And thirdly giving a sunset clause,” he said. “As it is now that AUMF is basically a blank cheque to be used by different administrations.”

▲ President Joe Biden and Vice President Kamala Harris meet with national security advisers to discuss the situation in Afghanistan, Thursday, August 19, 2021, in the White House Situation Room. (Official White House Photo by Erin Scott)

Published

June 2, 2021

Written by

Airwars Staff

Conservative public tallies of civilians killed by US during 2020 are almost five times higher than DoD admits

The Pentagon’s annual report to Congress on civilian deaths and injuries resulting from US military actions around the world has declared more than 100 recent casualties. Researchers and human rights groups, including Airwars, Amnesty International and UN monitors in Afghanistan, place the actual toll significantly higher.

For 2020 alone, the Department of Defence said that its forces had killed 23 civilians and injured a further 10 in Afghanistan, Somalia and Iraq. An additional 63 historical deaths and 22 injuries were reported for the years 2017-2019, mostly in Syria and Yemen.

By contrast, the minimum public estimate of civilian deaths caused by US forces during 2020 across five conflict nations was 102 fatalities – almost five times higher than DoD admits.

Casualties from US actions in Afghanistan in particular appear to have been officially undercounted. While the Pentagon reports only 20 deaths and 5 injuries from its own actions last year, UNAMA – the respected UN agency in Afghanistan – says that international forces killed at least 89 civilians and injured a further 31. United States personnel made up the great majority of those foreign forces.

For Somalia, DoD declares only one civilian death from US actions last year – while Airwars and others suggest a minimum civilian toll of seven killed.

And for Iraq and Syria, while US forces declare only one death, local reporting indicates at least six civilians killed by US actions.

Only for Yemen is there agreement, with monitoring organisations and the DoD both indicating that there were no likely civilian deaths caused by US actions during the year.

Major decline in US actions

The 21-page Pentagon document, quietly released May 28th and entitled ‘Annual Report on Civilian Casualties In Connection With United States Military Operations in 2020,’ has been a requirement of US law since 2018.

The latest report captures the very significant fall in tempo of US military actions during the latter years of Donald Trump’s presidency. According to Airwars estimates, there were around 1,000 US strikes across four conflict countries during 2020 – down from approximately 3,500 strikes the previous year and a peak of 13,000 such US actions during 2016. Declared civilian deaths fell from 132 to 23 from 2019 to 2020.

The majority of civilian deaths declared by the Pentagon during 2020 were in Afghanistan – despite a major ceasefire between US forces and the Taliban for much of the year. According to the new DoD report, 20 civilians were killed and five injured in seven US actions, primarily airstrikes.

The seven civilian casualty events conceded in Afghanistan by the Pentagon for 2020

However the United Nations Mission in Afghanistan (UNAMA) which has been recording extensive data on civilian harm from all parties to the fighting since 2009, placed the toll far higher. According to its own annual report for 2020 published earlier this year, “UNAMA attributed 120 civilian casualties (89 killed and 31 injured) to international military forces”.

While these casualties represented just one per cent of the overall reported civilian toll in Afghanistan for the year – with most civilians killed by the Taliban and Afghan forces – of concern was DoD’s major undercounting of its own impact on civilians – with UNAMA logging four and a half times more deaths primarily from US actions than those officially conceded by the Pentagon.

Reported civilian casualties from US actions against ISIS in both Iraq and Syria have remained low since the terror group’s defeat as a territorial entity in mid 2019. According to the Pentagon, just one civilian was killed by an action in Iraq, after US forces targeted Iranian linked militias at Karbala airport on March 13th 2020. Twenty three year old security guard Karrar Sabbar was killed in that US attack. However the additional reported deaths of two civilian policemen in the attack are not acknowledged by the US.

In Syria, Airwars estimates three to six likely civilian deaths from US actions during 2020, mainly during counterterrorism raids against ISIS remnants. None of these were conceded either.

In Somalia, between 7 and 13 civilians were likely killed by US actions during the year, according to Airwars monitoring of local communities. The US military itself concedes five injuries and one death, in two events in early 2020 near Jilib.

Only for Yemen did human rights organisations and DoD appear to agree, with both reporting no likely civilian deaths from US actions during the year.

US forces in Somalia killed one civilian and injured five others during 2020, according to official estimates

Public transparency

Despite continuing disparities between public and military estimates of civilian harm, the Pentagon’s annual report to Congress still represents a significant transparency breakthrough. Close ally France, for example, has refused to declare a single civilian fatality from almost seven years of air and artillery strikes in Iraq and Syria – and recently lashed out at the United Nations after a French airstrike struck a wedding party in Mali.

Later this year the Pentagon will also issue a major overhaul of its civilian casualty mitigation policies, which it has been reviewing in consultation with human rights organisations for several years. On May 25th, new Under Secretary of Defense for Policy Dr Colin Kahl confirmed in writing to NGOs that the new policy – known as a Department of Defense Instruction, or DoD-I – would be published by the Biden administration.

“We welcome the Pentagon’s publication to Congress of its latest annual civilian harm report, as well as confirmation that the DOD-I on civilian casualty mitigation will be published by the new administration,” noted Airwars director Chris Woods. “We remain concerned however that DoD estimates of civilian harm once again fall well below credible public estimates, and call on officials to review why such undercounts remain so common. Civilians surely deserve better.”

▲ Aftermath of a deadly US airstrike on Karbala Airport on March 13th, 2020 which the Pentagon admits killed a civilian.

Published

July 9, 2020

Written by

Airwars Staff

Killing of Iranian commander by US drone strike represents 'not just a slippery slope. It is a cliff', warns Special Rapporteur

The US assassination of Qasem Soleimani, the head of the Iranian Revolutionary Guard Corps (IRGC), in Baghdad in January 2020, was unlawful on several counts, according to a new report submitted to the United Nations Human Rights Council by its expert on extrajudicial killings.

Dr Agnes Callamard, the current UN Special Rapporteur on Extra-Judicial Executions, asserts in her latest report that Soleimani’s controversial assassination by a US drone strike on Baghdad International Airport on January 3rd 2020 had violated international law in several ways.

Noting that the US drone strike had also killed several Iraqi military personnel, Dr Callamard notes that “By killing General Soleimani on Iraqi soil without first obtaining Iraq’s consent, the US violated the territorial integrity of Iraq.”

The Special Rapporteur also argues that by failing to demonstrate that Soleimani represented an imminent threat to the United States – and instead focusing on his past actions dating back to 2006 – that his killing “would be unlawful under jus ad bellum“, the criteria by which a state may engage in war.

In the bluntest condemnation yet of the Trump Administration’s killing of Iran’s leading military commander, Dr Callamard argues that “the targeted killing of General Soleimani, coming in the wake of 20 years of distortions of international law, and repeated massive violations of humanitarian law, is not just a slippery slope. It is a cliff.”

She also warns that the killing of Iran’s top general may see other nations exploit the US’s justification for the assassination: “The international community must now confront the very real prospect that States may opt to ‘strategically’ eliminate high ranking military officials outside the context of a ‘known’ war, and seek to justify the killing on the grounds of the target’s classification as a ‘terrorist’ who posed a potential future threat.”

Speaking to Airwars from Geneva ahead of her presentation to the UNHRC, Dr Callamard described the US killing of General Soleimani as “a significant escalation in the use of armed drones, and in the use of extraterritorial force. Until now, drones have focused on terrorism and on counterterrorism responses. Here we’re seeing the displacement of a counterterrorism strategy onto State officials.” She described the Trump administration’s justification of the assassination of a senior Iranian government official as “a distortion of self defence.”

Qasem Soleimani, Iran’s highest ranked military commander, was assassinated in a US drone strike near Baghdad on January 3rd 2020 (via @IRaqiRev).

‘The second drone age’

Dr Callamard’s denouncement of the US’s killing of Qasem Soleimani marks the latest in almost 20 years of concerns raised by United Nations experts on the use of armed drones for targeted assassinations. In 2002, following the killing of five al Qaeda suspects in Yemen by the CIA, then-rapporteur Asma Jahangir warned for example that the attack constituted “a clear case of extrajudicial killing”.

UN reports since then have tended to focus on controversial drone campaigns outside the hot battlefield, in countries including Pakistan, Yemen, Somalia and Palestine’s West Bank and Gaza Strip.

With her new report, delivered to the UNHRC on July 9th, Dr Callamard seeks to bring the discussion on armed drone use up to date, noting that “the world has entered what has been called the ‘second drone age’ with a now vast array of State and non-State actors deploying ever more advanced drone technologies, making their use a major and fast becoming international security issue.” The term ‘second drone age’ was originally coined by Airwars director Chris Woods, to reflect a growing wave of armed drone proliferation among state and non-state actors.

My latest report to the UN #HRC44 focus on targeted killings by armed drones: https://t.co/qLsqubaMpA The world has entered a “second drone age”, in which State and non-State actors are deploying ever more advanced drone technologies, a major international, security issue.

— Agnes Callamard (@AgnesCallamard) July 8, 2020

 

As Dr Callamard and her team write: “The present report seeks to update previous findings. It interrogates the reasons for drones’ proliferation and the legal implications of their promises; questions the legal bases upon which their use is founded and legitimized; and identifies the mechanisms and institutions (or lack thereof) to regulate drones’ use and respond to targeted killings. The report shows that drones are a lightning rod for key questions about protection of the right to life in conflicts, asymmetrical warfare, counter-terrorism operations, and so-called peace situations.”

Many of the conflicts monitored by Airwars are referenced by Dr Callamard.

    In Iraq, she notes that non state actors including ISIS deployed armed drones, sometimes to devastating effect. “In 2017 in Mosul, Iraq, for example, within a 24-hour period ‘there were no less than 82 drones of all shapes and sizes’ striking at Iraqi, Kurdish, US, and French forces.” In Libya, the Special Rapporteur asserts that “The Haftar Armed Forces carried out over 600 drone strikes against opposition targets resulting allegedly in massive civilian casualties, including, in August 2019, against a migrant detention center.” Callamard notes that a ‘nations unwilling or unable to act’ defence – first used by George W Bush’s administration to justify drone strikes in Pakistan and elsewhere – had been employed by several nations, including Turkey and Israel, to justify attacks in Syria. The UN Special Rapporteur also cautions that as more States acquire armed drones, their use domestically has increased: “Turkey has reportedly used drones domestically against the Kurdistan Worker’s Party (PKK), while Nigeria first confirmed attack was carried out against a Boko Haram logistics base in 2016. In 2015 Pakistan allegedly used its armed drones for the very first time in an operation to kill three ‘high profile terrorists.’ Iraq has similarly purchased drones to carry out strikes against ISIS in Anbar province in 2016.” Finally, Dr Callamard warns that non-State actors including terrorist groups increasingly have access to remotely piloted technologies – noting that “At least 20 armed non-State actors have reportedly obtained armed and unarmed drone systems.”

“Drones are now the weapon of choice for many countries. They are claimed to be both surgical and to save lives – though we have insufficient evidence to conclude either,” Dr Callamard told Airwars. “Drones may save the lives of ‘our’ soldiers – but on the ground is another matter.”

Civilian harm concerns

The UN Special Rapporteur’s latest report highlights concerns about ongoing risks to civilians from armed drone use. Citing multiple studies, she writes that “even when a drone (eventually) strikes its intended target, accurately and ‘successfully’, the evidence shows that frequently many more people die, sometimes because of multiple strikes.”

Callamard also cautions that “Civilian harm caused by armed drone strikes extends far beyond killings, with many more wounded. While the consequences of both armed and non-combat drones remain to be systematically studied, evidence shows that the populations living under ‘drones’ persistent stare and noise experience generalized threat and daily terror’.”

The UN’s expert on extrajudicial killings additionally notes the key role drones play in helping militaries to determine likely civilian harm: “Without on-the-ground, post-strike assessment, authorities rely on pre- and post-strike drone-video feeds to detect civilian casualties leaving potentially significant numbers of civilian casualties, including of those misidentified as ‘enemies’, undiscovered. Studies showed that in Syria and Iraq the initial military estimates missed 57% of casualties.”

The Special Rapporteur does however point out that civilian harm can be reduced by militaries, “through stronger coordination, improved data analysis, better training of drones’ operators, and systematic evaluation of strikes.”

▲ Aftermath of US drone strike on Baghdad International Airport in January 2020 which assassinated Iranian General Qasem Soleimani (via Arab48).

Published

May 7, 2020

Written by

Airwars Staff

Nineteen of 40 events declared by the Pentagon to Congress for Iraq, Syria and Somalia for the past year were Airwars referrals, official records show

The Department of Defense (DoD) informed Congress on May 6th that US forces in Afghanistan, Syria, Iraq and Somalia had between them killed at least 132 civilians and injured 91 more during 2019. The Pentagon also reported a further 79 historical deaths from its actions in Syria and Iraq during 2017-18.

The 22-page Annual Report on Civilian Casualties In Connection With United States Military Operations is the third such public declaration, mandated in law by Congress since 2018.

According to the report – which included details of continuing Pentagon efforts to improve both accountability and transparency for civilian harm – “U.S. forces also protect civilians because it is the moral and ethical thing to do. Although civilian casualties are a tragic and unavoidable part of war, the U.S. military is steadfastly committed to limiting harm to civilians.”

During 2019, the majority of declared civilian deaths from US actions took place in Afghanistan. According to the Pentagon, 108 civilians were killed and 75 injured in 57 incidents. Fourteen of those events involved US ground forces.

That casualty tally represented a significant undercount according to the United Nations Assistance Mission in Afghanistan (UNAMA), which has been comprehensively monitoring civilian deaths from all parties for more than a decade. According to UNAMA’s own Annual Report, at least 559 civilians were killed and 786 injured by international military actions during 2019 – almost all by airstrikes.

Table from UNAMA’s 2019 annual report, showing the number of civilian deaths and injuries it believed had resulted from pro-government forces that year.

Iraq and Syria: ‘backward step’

Officially confirmed civilian deaths from US actions in Iraq and Syria fell steeply – down from 832 fatalities declared to Congress last year, to 101 deaths conceded in the latest report.

That sharp reduction was partly expected, given the significant reduction in battle tempo following the bloody capture of both Mosul and Raqqa in 2017. However, in early 2019 very significant civilian fatalities were locally alleged from Coalition air and artillery strikes during the final stages of the war – only a fraction of which have been admitted.

Of the 73 known civilian harm claims against the US-led Coalition during 2019, Airwars presently estimates that at least 460 and as many as 1,100 non combatants likely died. However in its own report to the Pentagon, the US has conceded just 22 civilian deaths for the year across Iraq and Syria, in eleven events.

The Defense Department’s report reveals other worrying trends. Of the 21 historical cases officially conceded from US actions for 2017 over the past year, 18 had been Airwars referrals. Yet every single allegation referred by Airwars to the Coalition for both 2018 and 2019 was rejected – amounting to many hundreds of dismissed local claims.

According to Airwars director Chris Woods, the apparent move by the US-led Coalition away from engaging with external sources marks a backward step, which the organisation plans to take up with both Congress and DoD officials.

“Almost all of the deaths conceded by the US in Iraq and Syria for 2019 represented self referrals from pilots and analysts, with external sources cited on only three occasions. Many hundreds of civilian deaths which were credibly reported by local communities appear to have been ignored,” says Woods. “This goes against the Pentagon’s repeated promise to engage better with external NGOs including monitors, and we will be asking for an urgent explanation from officials of this apparent backward step.”

Mosul mystery resolved

The Pentagon’s latest report to Congress also brings further clarity to a controversial June 2017 Coalition attack in Mosul, Iraq which killed 35 members of the same extended family – including 14 children, nine women and two respected imams.

In January 2019 the Australian Defence Force (ADF) accepted responsibility for some of those deaths – confirming that a strike by one of its aircraft had killed between 6 and 18 civilians.

However the ADF also made clear that there was a second attack on the location by another Coalition ally that day – the identity of which was until now not known.

It its May 6th report to Congress, the Pentagon revealed that US aircraft conducted that second strike, additionally killing at least 11 civilians at the scene.

In February 2019, surviving family elder Engineer Amjad al-Saffar told the Sydney Morning Herald: “The level of accuracy of the bombing had always indicated to us that the attack couldn’t have been by Iraqi forces, because the house was targeted twice at the same point without any damage to the neighbouring building, and with very high accuracy.”

Asked to comment from Mosul on the Pentagon’s recent admission that its aircraft too had played a role in the mass casualty event, Engineer Amjad told Airwars: “As a well known and respected Mosul family, we feel both very sad and disappointed to learn of the US’s confession – three years after our catastrophe.- of their own role in an airstrike which killed so many. Along with Australia we hold the US fully responsible for our heavy loss of 35 family members, and demand both an apology and financial compensation.”

Other than this one case, the Pentagon’s report to Congress also revealed that all civilian harm events conceded by the US-led Coalition for Iraq and Syria over the past 12 months had been caused by US forces.

This contrasted with the previous report – which had inadvertently ‘outed’ fourteen strikes by America’s European allies which according to the Coalition itself had killed at least 40 civilians – but which the UK, France and Belgium refused to acknowledge. It remains unclear whether the Coalition’s civilian casualty cell has now ceased assessments of claims against other nations within the alliance.

Photo montage of some of the 35 victims of June 13th 2017 strikes by Australian and US aircraft, courtesy of the Al Saffar family.

One new Somalia event admitted

Two more civilian deaths from US actions in Somalia were officially conceded on April 27th, as US Africa Command issued its first ever quarterly civilian casualty report. Those same deaths were also reported to Congress two weeks later.

The newly admitted event – which according to local reports involved the death of a father and his child, and the injuring of at least three more civilians – relates to a US strike on the al Shabaab-occupied town of Kunyo Barrow on February 23rd 2019. AFRICOM had originally dismissed the claim. But it reopened an assessment after Airwars submitted a detailed dossier on the incident in January 2020, including what were believed to be precise coordinates for where casualties took place.

The latest admission has doubled both the number of cases and deaths publicly admitted by AFRICOM, during its sometimes controversial 13-year campaign to defeat the regional terror group al Shabaab. However those four deaths remain dwarfed by Airwars’ own current estimate of at least 70 civilians killed in 29 separate US actions in Somalia since 2007.

The US military’s campaign in Somalia has intensified significantly under President Donald Trump, with at least 186 declared actions since 2017 – more than four times the number of strikes officially carried out by the George W. Bush and Barack Obama administrations combined. Local civilian harm claims have also intensified under Trump, with as many as 157 non combatant deaths locally claimed to date.

Until recently AFRICOM had routinely denied any civilian harm from its actions in Somalia – leading to complaints of poor accountability. In April 2019, AFRICOM conceded its first civilian casualty event – though also had to admit to misleading Congress on the issue. Three months later, General Stephen Townsend took command.

When previously head of the US-led Coalition against ISIS in Iraq and Syria, Townsend had overseen key transparency reforms including the publishing of regular civilian harm reports; and routine engagement with external casualty monitors such as Airwars. Those same key reforms are now being implemented at AFRICOM.

Here's the precise geolocation work that our Airwars specialists recently provided @USAFRICOM for the Kunyo Barrow strike – and which likely played a role in today's Credible determination. pic.twitter.com/idlgKAHz0f

— Airwars (@airwars) April 27, 2020

 

▲ Ruins of a family home in which 35 civilians died at Mosul on June 13th 2017 - in what is now known to have been US and Australian airstrikes (Image courtesy of the Al Saffar family. All rights reserved.)

Published

February 25, 2020

Written by

Airwars Staff

Airwars review raises tally of declared strikes, and reported civilian and militant deaths.

Airwars has launched a major new online resource for Somalia, providing the most comprehensive look yet at more than a decade of US counterterrorism actions in eastern Africa, and associated civilian harm claims.

The nine month review has identified significantly higher levels of locally reported civilian harm than previously thought, with up to 280 non combatants alleged killed in US actions since 2007. Declared US actions and reported militant deaths are also sharply up.

In Spring 2019, Airwars took over from the Bureau of Investigative Journalism its own long running monitoring of US drone strikes and civilian harm in Somalia, Yemen and Pakistan, with some Somalia events dating back as far as 2007. The first step was to bring event monitoring across to Airwars’ own standards. Over nine months, the team comprehensively reviewed several hundred declared and alleged US airstrikes and ground actions in Somalia, and 61 claimed civilian casualty incidents.

Event assessments were also significantly reoriented towards local Somali voices, adding many hundreds of new sources – including videos, photos, and social media posts. Airwars also worked closely with other NGOs, researchers and investigative reporters to ensure that their own important findings were incorporated.

The result is the most comprehensive understanding yet of US military and CIA actions in Somalia against al Shabaab, ISIS and al Qaeda over a thirteen year span.

    Overall, there are more than 280 declared and alleged US kinetic actions in Somalia since 2007 in the data – with 61 alleged civilian harm events. With a wider focus on US ground operations plus important new FOIA  information, Airwars now places the number of declared US actions at more than 200 (40% up on previous estimates.) The likely civilian fatality range from US actions is significantly up from the Bureau’s former estimate of 10 to 58 deaths, to Airwars’ own minimum estimate of 71 to 139 civilians killed since 2007 – with 284 non combatants locally alleged slain in total. Event data has also identified claims of as many as 2,320 al Shabaab and ISIS militants allegedly killed by US forces.

Airwars geolocation of all strikes and reported civilian harm opens up new mapping capabilities.

“Adding Somalia to our roster of monitored conflicts helps bring greater public scrutiny to this long running US campaign,” says Airwars director Chris Woods.

“While AFRICOM itself has admitted just two civilian deaths in more than a decade of strikes against terrorist groups like al Shabaab, the true toll is significantly higher. Our work with the US-led Coalition in Iraq and Syria shows that militaries can improve their understanding and admission of civilian harm, when their actions are routinely and publicly scrutinised.”

A comprehensive Airwars approach to both strike reports and casualty monitoring has seen thousands of additional sources being added to the Bureau’s original records – most of them via local Somali media and social media. Hundreds of photographs and videos have also been added – with the names of dozens of Somali victims now listed in our comprehensive and fully searchable public database.

Airwars has also geolocated all declared and claimed US actions in Somalia since 2007 – with consultant design team Rectangle building comprehensive new maps and timelines which can now be searched separately by civilian fatalities; militant fatalities; strike locations; and strike targets. A fully searchable database can also refine by civilian harm events; civilian victim names, age and gender where known; declared versus possible US actions; and air versus ground actions.

In addition, Airwars has also permanently preserved the Bureau’s own decade-long research into Somalia – ensuring that future researchers and academics will always be able to interrogate its own groundbreaking findings. Hundreds of the Bureau’s archive news stories on US actions in Yemen, Somalia and Pakistan have also been added to the Airwars site.

“If you don’t even count how many air strikes there are and how many civilians are being killed, what chance is there of reducing casualties?” notes Meirion Jones, deputy editor at the Bureau of Investigative Journalism. “The Bureau has been chronicling the death toll in Somalia for 10 years, and is now proud to hand that task over to Airwars which already does such a thorough job of counting strikes and casualties in Syria, Iraq and Libya.”

Airwars provided US Africa Command with comprehensive details of  alleged civilian harm events in Somalia during 2019, and also asked for clarification on alleged US actions that year. Officials have now confirmed no US military involvement in 21 claimed events last year – while promising to respond on civilian harm claims in the near future.

Several thousand militants have allegedly been killed by US actions in Somalia since 2007.

▲ The funeral of Abow Ali Wardi, according to al Shabaab killed in a lethal US drone strike on June 25th 2019 (via SomaliMemo)