US Forces in Yemen

Mabkhout Ali al Ameri with his 18-month old son Mohammed, shortly after a botched US raid on al Ghayil in January 2017 had killed at least 20 villagers, including Mohammed's mother Fatim Saleh Mohsen. © Iona Craig

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Published

February 1, 2023

Written by

Anna Zahn, Clarie Alspektor and Sanjana Varghese

Assisted by

Clive Vella and Shihab Halep

At least 36 declared strikes during Biden's second year in power

In the second year of President Joe Biden’s administration, the number of US airstrikes fell to an historic low as some military engagements appeared to take a different form — with the redeployment of US forces to Somalia and a shift towards targeted raids on Islamic State figures in Syria.

The overall number of declared US airstrikes across all monitored military theatres fell from 441 in 2021 to a minimum of 36 in 2022 – mostly due to the 2021 withdrawal from Afghanistan. This is the lowest number of strikes the US has declared annually since the 9/11 terrorist atrocities in 2001 and subsequent launch of the so-called ‘War on Terror’.

This drastic drop was also indicative of another shift – while airstrikes seemed to occur with less frequency in all military theatres except Somalia, the number of more loosely defined military operations increased in some, particularly in Iraq and Syria.

2022 saw intense focus on US civilian harm policy – with the launch of the Civilian Harm Mitigation and Response Action Plan (CHM-RAP). The proposals are supposed to reduce the number of civilians killed in future conflicts and improve the civilian harm review process. It came after years of work organisations like Airwars and journalists documenting how the US military’s process for assessing, reviewing and investigating civilian harm was unfit for purpose.

During the year the Biden Administration also altered US policy on engaging militants outside of recognised conflicts by issuing a Presidential Policy Memorandum to Congress – but not to the public. Airwars joined over 50 civil society organisations in calling on the White House to release the new lethal force policy.

Total Number of US Declared airstrikes per year

Iraq and Syria

There was a noticeable shift in the kind of operations the US carried out in Iraq and Syria in 2022, and this was reflected in changing language from CENTCOM – the military command responsible for the Middle East and Afghanistan.

In Iraq, the US officially ended its combat role at the end of 2021 – formally transitioning to advising, assisting and enabling the Iraqi Security Forces. However, there are still around 2,500 US troops in the country and it remains unclear what the exact definition and limits of ‘assistance’ entails.

In Syria, the US has yet to make an equivalent official declaration – partly as its estimated 900 troops in the country are there without the support of the Damascus regime. However the pattern of behaviour is similar to Iraq – with most activities in partnership with the Kurdish-led Syrian Democratic Forces (SDF), primarily in the north and east of the country.

Based on official reporting, Airwars estimates that the US conducted a minimum of 20 airstrikes in Syria in 2022. This is by far the lowest figure since 2014, when the US-led Coalition against the Islamic State was formed.

CENTCOM’s end of year review stated that US forces carried out a total of 313 operations in Iraq and Syria during 2022, with 686 militants allegedly killed. In Iraq, US forces conducted 191 partnered operations, with at least 220 operatives killed and 159 ISIS operatives detained. In Syria, they conducted 108 partnered operations and 14 unilateral operations – with 466 ISIS operatives killed and 215 detained. CENTCOM does not define what an ‘operation’ is – making it difficult to understand the discrepancy between these figures and those in press releases throughout the year.

The 2022 report by CENTCOM also doesn’t mention civilian casualties. However, Airwars recorded 13 incidents where harm to civilians allegedly occurred from the actions of the US-led Coalition.

In 10 of these incidents, the Coalition was reported as the only belligerent responsible. In those incidents between seven and 13 civilians were reported killed. In the other three incidents, it was unclear from local sources whether the civilian harm was caused by the US-led Coalition, their SDF allies or ISIS militants. In total these incidents could account for up to 15 additional deaths, excluding the casualty toll of a complex ISIS prison breakout that began on January 20th.

That incident was the largest reported US action during the year and came as ISIS militants led a daring raid at al-Sinaa prison, a detention facility where thousands of alleged former fighters were detained. CENTCOM provided aerial and ground-based support and carried out airstrikes throughout the ten days of battle. A year on, limited definitive information exists as to how many civilians and militants were killed by the different military forces and militants involved. The exact number of US strikes conducted also remains unclear – with the US-led Coalition referring only to a “series of strikes.” Airwars monitored a minimum of 13 strikes during ten days of fighting though this is likely an underestimate, with other monitoring organisations estimating the figure to be several dozen. A joint Airwars and VICE News investigation examined the failures that led up to the prison break.

In early February 2022, US Special Operations Forces conducted a raid that resulted in the death of ISIS leader Abu Ibrahim al-Hashimi al-Qurayshi, as well as his wife and children – with up to thirteen civilians killed, including six children and four women. Local reporting was conflicted as to whether the civilian casualties were caused by US forces or by Qurayshi detonating a suicide device.

Airwars also tracked an incident where a civilian was reportedly killed when he was run over by a vehicle allegedly belonging to the Coalition on November 14, 2022 in Deir Ezzor, Syria.

It is unclear whether the US-led Coalition in Iraq and Syria, known as Operation Inherent Resolve (OIR), is still actively assessing civilian harm allegations. OIR last released a civilian casualty report in March 2022, which indicated that it still had 37 reports of civilian casualties still under review.

Somalia

US direct involvement in Somalia increased in 2022.

US troops were officially withdrawn from the country in January 2021; shortly before President Biden assumed power. Between then and May 2022, rotating groups of American special operations units provided training and assistance to Somali and African Union forces. The then head of AFRICOM – the US military command for Africa – General Stephen Townsend, complained this structure was “not effective.”

In May 2022, Biden approved a plan to deploy several hundred ground forces to the country.

On August 9th 2022, a new head of AFRICOM – General Michael Langley – was instated, while the new Somali administration has requested the US loosen its restrictions on drone strikes.

US strikes have since increased – in total AFRICOM declared 15 strikes in Somalia in 2022, up from 11 in 2021. Airwars tracked a further five strikes that local sources attributed to US forces but were not declared by AFRICOM.

Airwars Graph of US declared strikes in Somalia in 2022 by month

In the 15 declared strikes, AFRICOM claimed 107 alleged al-Shabaab militants were killed, while local reporting or statements by the Somali government put casualties significantly higher. To date it has released only two quarterly civilian casualty assessments which referenced strikes in 2022 (covering the period from January 1-June 30), but did not acknowledge any civilian harm was caused by its actions.

Airwars tracked two allegations of civilian harm in 2022 where local sources pointed to US forces’ involvement. One of these occurred on September 9, when up to ten civilians were reportedly killed in an airstrike south of the capital Mogadishu. The Somali government initially released a statement acknowledging the strike but other sources pointed out that the attack allegedly involved a drone – a capability Somali forces were not believed to have until their recent reported acquisition of Turkish Bayraktar drones. To date no belligerent has accepted responsibility.

Less than a month later, the US declared an airstrike on an al-Shabaab leader, Abudullahi Yare. Local sources alleged that Ibrahim Hassan Dahir was also killed – some referred to him as a civilian and a farmer, while others said that he was the son of a former extremist leader who is under house arrest.

Information gathered from areas under the control of the militant group al-Shabaab is notoriously limited, making determinations of civilian status in Somalia a significant challenge. Multiple sources have called into question the status of those that the US alleges are militants. In a recent report examining the impact of US airstrikes on Jubbaland, a part of Somalia controlled by al-Shabaab, Dutch organisation Pax and journalist Amanda Sperber explained:

“The interviews for this report do raise serious questions about the ability of the US to consistently distinguish between armed men who are not involved with Al-Shabaab, armed pastoralist community members who are forced to work for Al-Shabaab and actual Al-Shabaab fighters. Al Shabaab is thoroughly ingrained in Jubbaland society, which complicates external observations about who is and is not Al Shabaab and can thus hamper proper application of the principle of distinction.”

Yemen

The US officially withdrew its support from the Saudi-backed coalition in Yemen in 2021, in one of Biden’s major first foreign policy announcements. A ceasefire came into effect in the country in April 2022, which was later extended until October.

In 2022, CENTCOM did not declare any airstrikes or operations in Yemen. Airwars tracked two incidents allegedly conducted by US forces, in which civilians were killed and injured. The first was a February 6 drone strike that killed three al-Qaeda militants but also reportedly injured and killed civilians who were nearby – though the exact number was not reported by local sources.

The second alleged strike, on November 30, reportedly targeted the home of a member of Islamist group Ansar al-Sharia, causing secondary explosions which killed up to three civilians and injured up to five others.

Since 2017, Airwars has tracked a minimum of 78 deaths and 28 injuries to civilians resulting from US actions in Yemen. However, CENTCOM has only admitted to causing the deaths of 13 civilians, and injuring a further three. The CIA has carried out sporadic strikes throughout the period, but none of them have been officially recognised.

Yemeni organisations such as Mwatana for Human Rights continue to seek accountability from the Department of Defense, with questions around specific civilian casualty incidents unanswered or inadequately resolved. One victim of a 2018 drone strike, Adel al Manthari, resorted to a GoFundMe campaign in 2022 to pay for his insurance and medical bills.

Afghanistan, Libya, Pakistan

When the US officially withdrew from Afghanistan in August 2021, Biden said he retained the right to conduct ‘over the horizon’ strikes from nearby countries. The only acknowledged US airstrike in 2022 was the July drone strike that killed al-Qaeda leader Ayman al-Zawahiri in central Kabul. This was allegedly conducted by the CIA and did not result in any allegations of civilian casualties.

Airwars does not monitor US involvement in Afghanistan, but UNAMA – the United Nations Assistance Mission in Afghanistan– tracked civilian casualties in the country for years. Since the US withdrawal, UNAMA has stopped publishing regular updates.

There were no reports of US airstrikes in Libya or Pakistan during 2022.

Methodology note – counting US airstrikes

Iraq and Syria:

Until 2022, Airwars would review AFCENT reporting, press releases published by CJTF-OIR, and other official CENTCOM reports. No AFCENT reports were released in 2022, with only sporadic reporting from CENTCOM and CJTF-OIR throughout the year on strike reporting. To reach estimates of airstrikes in 2022, the following information methodology was applied – see table below for details:

    Where plurals of ‘strikes’ were referenced, Airwars chose a minimum estimate of two airstrikes. However, regarding the Al-Sinaa prison break in Syria, during which CJTF-OIR declared “a series of strikes,” Airwars monitoring of local sources recorded at least 13 incidents where alleged US-led Coalition strikes were reportedly conducted. These incidents allegedly occurred between January 21st and January 28th 2022. Other Syrian-focussed monitoring organisations had estimates of several dozen strikes. When references were only made in official reporting to ‘operations’, without explicit mention to strikes conducted, no strikes were counted. Airwars local monitoring indicates that operations mainly refer to ground actions.
Source Date Language used in official reporting Country Airwars’s estimated number of declared strikes*
CJTF-OIR Jan 4 2022 “four suspects captured” Syria 0
CJTF-OIR Jan 30 2022 “Coalition forces conducted (…) a series of strikes throughout the days-long operation” Syria 13
CJTF-OIR Jun 16 2022 “counterterrorism operation” Syria 0
CENTCOM Jun 27 2022 “CENTCOM Forces conducted a kinetic strike” Syria 1
CENTCOM Jul 12 2022 “U.S. Central Command Forces conducted a UAS strike” Syria 1
CENTCOM Aug 23 2022 “U.S. military forces conducted precision airstrikes” Syria 2
CENTCOM Aug 25 2022 “CENTCOM forces struck at Iran-affiliated militants in the area with AH-64 Apache attack helicopters, AC-130 gunships, and M777 artillery” Syria 3
CENTCOM Dec 11 2022 “Helicopter raid” Syria 0
CENTCOM Dec 16 2022 “6 partnered operations” Syria 0
CENTCOM Dec 20 2022 “three helicopter raids” “partnered operations” Syria 0
CENTCOM Dec 29 2022 “CENTCOM conducted 313 total operations against ISIS in Iraq and Syria” Syria/Iraq 0
Estimated Total Strikes 20

* according to US sources and Airwars Local Monitoring

Reporting from AFRICOM for Somalia was consistent with previous years; in 2022, exact numbers of airstrikes were released routinely throughout the year. In Yemen, CENTCOM press releases were used to monitor declared airstrikes – of which there were none in 2022. In Afghanistan, Airwars formerly monitored AFCENT reporting – the only reported strike in 2022 was released by the State Department.

It should be noted that the term ‘airstrike’ is also not used consistently across different military forces, and between military commands – see our overview on this here.

For any questions or clarifications on our methodology, please contact info@airwars.org.

 

▲ President Joe Biden in the White House Situation Room (Official White House Photo by Adam Schultz)

Published

November 25, 2022

Written by

Megan Karlshoej-Pedersen

Header Image

The signing ceremony for the Political Declaration on the Use of Explosive Weapons in Populated Areas (EWIPA) on November 18th 2022 in Dublin Castle. Over 80 state delegations such as the UK (pictured) officially endorsed the declaration.

An overview of the actions needed

On Friday November 18th, states and civil society joined together in Dublin Castle to officially endorse the long-awaited international Political Declaration on the use of explosive weapons in populated areas (EWIPA). So far, 82 states have signed onto the declaration; this is a similar number to the initial signatories to other international declarations that have created new norms and standards in warfare, such as the Safe Schools Declaration. Among the signatories to the EWIPA declaration are states such as the US, UK, Netherlands, and Belgium, all of which made sizable contributions to the coalition against ISIS in Iraq and Syria that killed an estimated 8,194–13,249 civilians.

According to Action on Armed Violence, when EWIPAs are used, over 90% of those harmed are civilians. Airwars recently put together a series of maps showing the clear and troubling connection between population density in cities and civilian deaths during urban warfare. Even beyond those who are killed immediately, the reverberating effects are often severe and pervasive, with schools, hospitals, livelihoods, and basic resources like food and water becoming inaccessible for years. This has played out in recent conflicts in cities such as Mosul and Raqqa, in which entire city parts were destroyed and have been made uninhabitable.

The Irish-led, UN backed international declaration is a groundbreaking step towards curbing the use of such weapons. It comes at the back of a decade of civil society focus and pressure on this, led by the INEW network, which Airwars is a part of. As with any political declaration, the results are only as good as the implementation. Below, we outline some of the challenges states must address as they begin the process of implementing the EWIPA declaration.

States must be frank about gaps in their current approach

The first step in understanding how to implement the declaration to limit the use of EWIPAs must be for each state to critically examine current gaps in its own approach and engage in a meaningful process to address these. This in itself might be a stumbling block for some; while states such as the US and the Netherlands have shown increasing willingness to address gaps in their approach to the protection of civilians by working with civil society and experts, others have not.

The UK for instance, still falls behind allies in terms of transparency on evidence collection around civilian harm. Under the declaration, states committed to: “Collect, share, and make publicly available disaggregated data on the direct and indirect effects on civilians and civilian objects of military operations involving the use of explosive weapons in populated areas, where feasible and appropriate”. Despite the UK representative in Dublin noting during the signing ceremony that “the UK already has policies and procedures in place to support the implementation”, this has to date not been evident when it comes to public reporting on the effects of UK military actions.

As it stands, the UK maintains that it has evidence of only a single civilian casualty from its actions in the seven year anti-ISIS campaign, for example, despite extensive military involvement. The US, by comparison, has admitted to over 1,400 civilian casualties as part of the Coalition.  When challenged, UK officials tend to emphasise that they are aware that is not a case of lower civilian casualties than in previous conflicts – but of poor evidence gathering. This position was summarised by former Armed Forces Minister, Mark Lancaster, who emphasised in 2019 that; “[I]t is not our position that there has been only a single civilian casualty as a result of our military action. What we are saying is that we have evidence of only a single, or what we believe to have been a single, civilian casualty.”

In spite of this oft-repeated recognition that the evidence gathering mechanisms of the UK are not able to accurately reflect the reality on the ground, there is, to our knowledge, no process in place to improve this approach and little willingness to engage with civil society to address this. If this is not addressed, there will be a significant gap between the rhetoric of UK leadership when it comes to EWIPA and the reality on the ground.

States must build clarity on who is responsible for implementing the EWIPA declaration on a national level

The second step states must take to implement the EWIPA declaration is to gain better internal understandings of who will be involved in its implementation. This must include those focusing specifically on EWIPA, but also those focusing on topics such as human security, the protection of civilians, humanitarian response, development, diplomacy, and all the other elements required to protect those caught in conflict from being harmed by explosive weapons.The structures behind overseas military engagements are complex, quick changing, and lines of responsibility are often murky. Yet it is only if all involved in such operations, across parliament, ministries of defence, and ministries of foreign affairs and overseas development, are dedicated to limiting the use of EWIPA, understanding their impact, and tracking civilian harm that occurs if they are used, that implementation will be effective.

States must be open to civil society inclusion in the implementation of the EWIPA declaration 

Civil society actors, many of us united under the INEW banner, played a significant role in the development of the EWIPA declaration and the advocacy that brought states to the process, a fact that was acknowledged by a large number of states at the conference in Dublin. We stand ready to support the implementation in national contexts and across international coalitions. Many civil society organisations have spent years – sometimes decades – developing protection mechanisms and civilian harm tracking mechanisms, as well as conducting research into valuable lessons on the impact of EWIPA. Civil society organisations are also often direct links to the communities affected. It is in all of our interests that these resources are effectively shared with those in power.

In those states where there is a history of poor transparency and accountability on civilian harm and civilian harm tracking, governments and their militaries must also commit to a certain level of transparency on the implementation of the EWIPA declaration. They should work with civil society actors to understand the gaps in their current approach and set up milestones for implementation.

Looking forward

The endorsing ceremony was a promising step towards recognising the immense harm that these weapons have caused in recent years – and the harm they will continue to cause as their impact reverberates through communities. If the declaration is implemented well, fewer civilians will be harmed by explosive weapons in their cities, towns, and camps.

Yet there are pitfalls each state must avoid if their implementation of the declaration is to be meaningful. They must be frank about current gaps in their system and must be willing to address them. They must gain an oversight of everyone who will play a role in the effective implementation of EWIPA. And they should work with civil society actors who have resources to share and stand ready to support implementation.

Additional resources:

    Implementation Brief: Political Declaration on the Use of Explosive Weapons in Populated Areas, CIVIC, November 2022 (here) Safeguarding Civilians: A Humanitarian Interpretation of the Political Declaration on the Use of Explosive Weapons in Populated Areas, Human Rights watch and the International Human Rights Clinic at Harvard Law school, October 2022 (here) Implementing the Political Declaration on the Use of Explosive Weapons in Populated Areas: Key Areas and Implementing Actions, INEW and Article 36, November 2022 (here) Over 80 Countries Committed to Curb Use of Explosive Weapons, Now Comes the Hard Part, Bonnie Docherty, Human Rights Watch for Just Security, November 23rd 2022 (here)
▲ The signing ceremony for the Political Declaration on the Use of Explosive Weapons in Populated Areas (EWIPA) on November 18th 2022 in Dublin Castle. Over 80 state delegations such as the UK (pictured) officially endorsed the declaration.

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

April 8, 2021

Written by

Airwars Staff

Despite receiving comprehensive findings on 38 civilian deaths five months ago, CENTCOM has yet to respond says human rights group.

The Yemeni human rights group Mwatana has accused US Central Command of being “very disrespectful to victims”, after it emerged that CENTCOM has still not publicly responded to a major investigation into civilians killed by US airstrikes and ground raids. Given five months’ advance notice of the findings of the investigation, which comprehensively detailed the deaths of at least 38 civilians in twelve likely US actions in Yemen during the Trump presidency, Mwatana says that CENTCOM has still not responded.

The 124-page report from Mwatana, ‘Death Falling From The Sky’, was eventually published in late March without input from CENTCOM. It presents a grim view of an intensive campaign by the US military under President Trump to target alleged Al Qaeda fighters in Yemen, part of a long-running counterterrorism effort begun by Barack Obama in 2009.

In total according to Airwars monitoring, a record 327 US airstrikes and ground actions in Yemen were alleged during the Trump presidency, of which 181 were officially declared. As many as 199 civilian deaths were locally alleged, with Airwars presently estimating that, based on the available public record, between 76 and 152 civilians were likely killed by the US in Yemen under Trump in 26 incidents.

Mwatana’s own report focuses on just twelve of these events – recording in meticulous detail the devastating effects of some US actions on local communities. Dozens of family members, survivors and eyewitnesses were interviewed in person. Comprehensive paperwork including hospital records and university and workplace documentation was gathered, confirming the civilian status of victims. Photographs and videos detail injuries to victims and damage to homes.

“The standard of information, and what we were able to get from the ground, is built on years of Mwatana work,” says Bonyan Jamal, an accountability officer at the Yemeni human rights organisation. “Thanks to our incredible researchers, and high quality work, we are able to speak directly to families and gain their trust.”

All twelve events documented by Mwatana were already publicly known – though civilian casualties have only been admitted by CENTCOM in one case. A detailed review by Airwars of ‘Death Falling From The Sky’ found it to be meticulously researched and documented; and conservative in its estimates of civilian harm from US actions. Victims were only identified, for example, after being explicitly named by witnesses and surviving family members. In any case where the combatant status of a casualty was less than clear, they were excluded from the potential civilian tally.

A disastrous US raid on the village of Yakla in late January 2017 killed up to 12 civilians, CENTCOM itself has confirmed. Others have placed the toll far higher. In its own estimate, Mwatana conservatively says that at least 15 civilians died that day. “For the Yakla event, we respect that others have reached different findings,” says Kristine Beckerle, legal director, accountability and redress at Mwatana. “We never say ‘these are all the people killed that day’. What we can say is that we are confident in those victims that we name.”

That conservative approach makes the investigation’s conclusion all the more damning. “This report raises serious concerns about the extent to which the United States is complying with international law in its use of lethal force in Yemen,” Mwatana asserts. “It finds that the United States is failing to investigate credible allegations of violations, to hold individuals responsible for violations to account, and to provide prompt and adequate reparations.”

Mwatana’s list of fifteen named fatal victims of a US raid on Yakla, Yemen in January 2017.

US silence on deaths of women

Each of the twelve events detailed in the Mwatana investigation provides such compelling evidence of civilian harm that CENTCOM’s continued silence appears inexplicable.

More than three weeks after the incident itself, a public US Central Command statement had for example confirmed that a US strike had taken place in the Yemeni province of Bayda on December 15th 2017, which it indicated had resulted in the death of Miqdad al-Sana’ani, described in the press release as an “external operations facilitator” for Al Qaeda in the Arabian Peninsula (AQAP). CENTCOM made no mention of civilian harm.

The only locally reported action in Bayda that December day was again in the village of Yakla – where all local sources agreed that a likely US drone strike had killed Hajera Ahmed Saleh Al Taisi, 33 years old and pregnant, and her 63-year old aunt, Dhabia Ahmad Al Taisi.

According to Mwatana, “On the day of the strike, Dhabia was visiting Hajera’s home, about 90 meters from Dhabia’s own small house. At about 6pm, as Dhabia was leaving the house, the strike occurred. The strike hit right next to the entrance of the house, killing Dhabia, who was standing by the door. Hajera was in her kitchen. She was hit by shrapnel in the neck, which ripped through her back. The surrounding homes suffered varying degrees of damage from the strike.”

According to one report, a man was also killed in the attack who may have been the AQAP suspect al-Sana’ani. Yet there is no dispute locally that two women died that day. As Hajera’s husband told Mwatana, ‘My wife was expecting a child; the shrapnel killed her and her fetus … The life of people and their movements are almost paralyzed by fear.”

Kristine Beckerle says this was one of the events she had expected CENTCOM to concede: “Maybe, I thought, they would admit the case of these two women – one pregnant, killed in their house. There is no advantage I can see to their not engaging on this case. Yet we have had no response until now.”

The #UnitedStates has never fully investigated the civilian cost of its operations in #Yemen, and has never taken sufficient steps to review the efficacy of these operations.

Read #DeathFallingFromTheSky report: https://t.co/ASqTtoyYlZ

— Mwatana for Human Rights (@MwatanaEn) March 31, 2021

CENTCOM: lack of accountability

US Central Command was first provided full details of the Mwatana investigation on November 4th 2020, says accountability officer Bonyan Jamal. “They have had more than five months to respond. We even delayed publication several times to give them the opportunity to respond. That CENTCOM didn’t even take the time to write a proper response to express their position on these findings is very disrespectful to victims.”

This echoes other recent experiences with the US’s largest combatant command. As this organisation recently noted in its own recent Yemen study Eroding Transparency, “Despite Airwars providing CENTCOM with its complete civilian harm findings on Yemen during the Trump presidency nine weeks prior to this report’s publication, officials unfortunately failed to provide any event responses.”

CENTCOM also had to issue an apology in late 2020 as a result of what it described as an “administrative error”, after conceding it had forgotten its own earlier public admission of the killing of up to 12 civilians during the raid on Yakla village in early 2017.

Accountability for civilian harm at CENTCOM appears to be in decline across several theatres under current commander General Kenneth ’Frank’ McKenzie, who took up his post in March 2019. As Airwars recently noted in its annual report, 2020 saw an unexplained 80 per cent drop in the number of civilian harm allegations deemed ‘Credible’ by CENTCOM assessors working with the US-led Coalition in Iraq and Syria. And in Afghanistan, US forces have taken an increasingly robust stance against UN data which continue to flag concerns about civilian harm from international actions.

“The great majority of alleged civilian deaths and injuries from US military actions each year are within CENTCOM’s area of responsibility. And we need to see significant improvements in its identifying, reviewing and reporting of those claims,” says Chris Woods, director of Airwars. “Mwatana’s investigation is scrupulously researched and offers compelling evidence of at least 38 civilians likely killed in recent US actions in Yemen. It is not good enough for CENTCOM apparently to ignore that evidence for more than five months.”

▲ Villagers in Jaeir, al Bayda, protest a reported US strike in January 2019 that killed a 67 year old civilian man, according to Mwatana investigators and local sources