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What next for the Explosive Weapons declaration?

Published

November 25, 2022

Written by

Megan Karlshoej-Pedersen

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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.

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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.

United States new Civilian Harm Mitigation and Response Action Plan cautiously welcomed by civil society

Published

August 26, 2022

Written by

Megan Karlshoej-Pedersen

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New action plan contains positive steps - the focus now is on implementation and renewed efforts to ensure past cases are not forgotten.

Airwars joins our civil society partners in welcoming the publication of the much awaited Civilian Harm Mitigation and Response Action Plan (CHMR-AP), released yesterday by the US Department of Defense.

The CHMR-AP reflects a years-long process of sustained pressure by individuals, civil society, journalists, activists and legislators to challenge the way the US military conducts itself in the battlefield, and force the Department of Defense to review practices that have had deadly outcomes for civilians across the globe – from the battles of Mosul and Raqqa in the war against ISIS, to the botched Kabul strike last year.

In response to this sustained pressure, catalysed by a series of Pulitzer-winning New York Times articles exposing serious concerns with US military practices in January 2022, Secretary of Defense Lloyd J. Austin III issued a memorandum calling for the creation of the CHMR-AP. Austin called for the CHMR-AP to set up a process for the establishment of a new centre of excellence, and a framework for standardising civilian harm reporting, investigation and mitigation.

The 46-page document is an unprecedented move toward transparency, and was put together following a series of key engagements with civil society actors and independent specialists. Presenting a far reaching future-looking agenda, it is applicable to the ‘full spectrum of conflict’ – from current operations, large and small, to any future situations of high-intensity conflict.

Covering 11 distinct objectives – ranging from actions to reduce confirmation bias to implementation of a new data management system; each with a proposed set of phased actions and associated resource plan, the CHMR-AP presents an ambitious set of actions that, if implemented appropriately, could present a radical departure from existing policy in some areas. It sets a strong precedent for future US military action – and, importantly, an example for allies to follow.

Read the DoD factsheet here and the full action plan here.

Why is the CHMR-AP so important?

While the action plan itself is focused on reviewing and reforming the US’ policies on civilian harm mitigation and tracking, it should also have significant implications for the partners that support the US in modern conflicts, such as the UK, France, Netherlands, Belgium, and others. As it stands, US allies have been shown to have limited oversight, transparency, or accountability for civilian harm from their own actions. The UK, for instance, admits to only a single civilian casualty from its 8 years of support to the anti-ISIS coalition in Iraq and Syria, in which the UK has been second only to the US in the number of munitions dropped in some battlefields. Airwars’ estimates of civilians killed by this coalition could be well over 8,000.

Over the last few years, Airwars and our civil society partners have advocated with several of these states to review and improve national approaches and policies to civilian harm mitigation; yet, while some states have taken on such reviews, none have been as far-reaching or ambitious as the CHMR-AP.

Beyond these national processes to improve approaches to civilian harm mitigation, the CHMR-AP also comes out in the context of a new international agreement on the use of explosive weapons in populated areas, due to be signed by the US and key allies in October this year. The CHMR-AP’s introduction of the term ‘civilian environment’ presents a broad understanding of civilian harm – with reference to the need to understand population density, urban systems and the ‘the interconnected relationships between the civilian population, natural resources, infrastructure, and essential services’. This is an important move towards acknowledging the long-term consequences of military action on civilians caught in conflict.

What does this mean for civilians harmed by the US in past actions?

Perhaps the biggest gap in the CHMR-AP is that it includes no reference to reviewing past cases of alleged civilian harm; including addressing the 37 cases that are still open pending assessment for civilian harm claims made against the US-led Coalition in the war against ISIS.

According to Airwars’ archive, the likely death toll resulting from the actions of the US-led Coalition’s actions in the war against ISIS alone could be at least 8,192 and as many as 13,247 civilians. The US has conceded causing overall at least 1,417 civilian fatalities – but has rejected 2,674 harm claims. These rejected cases could account for thousands of casualties.

Total estimates for the last twenty years of US actions reach as many as 48,308 civilian deaths – with over 90,000 declared strikes across seven major conflict zones throughout the so-called ‘forever wars’.

Key questions therefore remain unanswered: will the remaining open cases be reviewed? Will they be reviewed with this new policy in mind? How might the new policy change the outcome of those investigations? And if these open cases are reviewed in line with new policies – what does that mean for the cases that have previously been rejected as ‘non-credible’ under a system that has now been widely acknowledged to have been in need of reform?

Looking back at past cases has significant implications for commitments to amends processes – a section outlined as an objective in the CHMR-AP, although with no mention of how the new action plan would affect outstanding claims or clear detail on implementation of future processes.

What should we be looking out for now?

The implementation of the CHMR-AP will be key. While the action plan outlines a comprehensive set of actions and resource plans, it is yet to be determined the extent to which the policy will be implemented effectively and with continued consultation with independent voices. This is particularly important as US actions are on-going across the globe – Airwars has recorded an uptick in strikes in Somalia since Biden announced his decision to redeploy troops in May this year, while a new set of strikes were announced in Syria on Iran-backed militants just as the CHMR-AP was released.

Additionally, as noted by Human Rights Watch Washington Director Sarah Yager in a comment to CNN, the staffing and resources required must be arranged as soon as possible in order to ensure that “the principles and values behind doing this are deeply embedded in the Pentagon”, before any significant leadership change in the US administration, which could delay or even derail current plans for improvements.

Allies of the US should also take notice – and take action. Particularly with key sections of the CHMR-AP including reference to the application of the new action plan to multinational operations, US allies will have to review their own practices.

Several crucial points in the action plan are also still lacking clarity, and it will likely be some time before the full extent of the policy has been reviewed in its entirety by experts. Airwars is coordinating closely with our civil society partners in the US to ensure a comprehensive and thorough review of the proposed action plan, in order to ensure appropriate oversight and support from civil society as the action plan enters into the next phase of implementation.

▲ 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.)

As key Geneva meet ends, states edge towards explosive weapons deal

Published

April 8, 2022

Written by

Sanjana Varghese

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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)

Airwars adds voice to 104 organisations calling on President Biden to overhaul US civilian harm approach

Published

February 9, 2022

Written by

Airwars Staff

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

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“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)

US Defense Secretary announces major shakeup of Pentagon civilian harm policies

Published

January 28, 2022

Written by

Sanjana Varghese

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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)

New UN report insists Soleimani assassination by US was ‘unlawful’

Published

July 9, 2020

Written by

Airwars Staff

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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).

New Somalia resource shines light on US counterterrorism campaign

Published

February 25, 2020

Written by

Airwars Staff

Web link

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)

Airwars annual report: over 2,200 civilians claimed killed in 2019

Published

February 11, 2020

Written by

Alex Hopkins

Assisted by

Dmytro Chupryna, Laurie Treffers, Maysa Ismael, Mohammed al Jumaily and Oliver Imhof

Web link

During 2019 - for the first time in five years - monitors tracked a sharp move away from US-led Coalition civilian deaths.

Airwars research shows that at least 2,214 civilians were locally alleged killed by international military actions across Syria, Iraq, Libya, and Somalia during 2019 – a 42% decrease in minimum claimed deaths on the previous year. This sharp fall was largely because deaths from reported US-led Coalition actions plummeted following the territorial defeat of ISIS in Syria in March.

However, elsewhere civilians remained in significant danger. Russian strikes in support of the Assad regime claimed at least 1,000 lives in the fierce Idlib and Hama offensives. Meanwhile, Turkey’s invasion of northern Syria in October saw over 300 non-combatants alleged killed.

The year also saw alarming developments in Libya. From April, the Libyan National Army’s Tripoli offensive had a devastating impact on civilians. As more foreign powers joined the conflict, alleged deaths rose by an astonishing 720% on 2018. Almost half of all civilian deaths in Libya’s civil war since 2012 occurred last year.

Download our full annual report for 2019

The US-led Coalition in Syria: a brutal final assault

On March 23rd, after 55 months of war, ISIS was finally ousted from Syria, when the Syrian Democratic Forces seized the town of al-Baghuz al Fawqani in Ezzor governorate. This followed the terror group’s earlier defeat in Iraq in December 2017.

Yet this final assault came at a terrible cost for civilians trapped on the ground. Of the minimum of 2,214 civilians locally alleged killed during 2019, at least 470 deaths (21%) reportedly occurred as a result of US-led Coalition strikes in the first quarter of 2019, in Deir Ezzor governorate.

The aftermath of alleged Coalition shelling of Al Baghouz camp, March 18th – 19th 2019, which allegedly killed at least 160 civilians (via Raqqa is Being Slaughtered Silently)

After March 23rd, with ISIS downgraded to an insurgency, there was a significant winding down in Coalition strikes. As a result, locally alleged civilian deaths from alliance actions rapidly declined.

For the first time in five years, the Coalition was no longer the primary driver of civilian harm in Airwars monitoring. Indeed, our tracking shows that many more civilians were claimed killed by almost every other monitored belligerent than by the US-led alliance between April and December 2019.

With this shift away from Coalition civilian deaths, Airwars’ focus with the alliance and with partner militaries began moving towards post-conflict restitution and reconciliation engagements.

Syria’s civilians remain at great risk

Civilians may finally have gained respite from Coalition strikes, but 2019 saw them face increased danger on other fronts. Russia’s ongoing campaign in Syria continued to devastate civilian populations and infrastructure.

In total, our researchers tracked at least 1,000 civilian deaths in 710 casualty incidents reportedly carried out by Russia. Some 81% of these events were in Idlib governorate, where Russia lent its formidable airpower to the regime’s offensive to oust the rebels.

The aftermath of an alleged Russian airstrike on a popular market in Saraqib on July 30th (via Edlib Media Center).

Additionally, in October, Syria’s civilians faced a new threat from Turkey. The offensive came against a backdrop of repeated Turkish threats to unilaterally invade northern Syria. The chaotic withdrawal of US forces on October 7th gave Turkey a green light to launch its ‘Operation Peace Spring’.

Airwars research shows that there were between 246 and 314 locally alleged civilian deaths in 207 casualty incidents involving both sides during the final three months of 2019. Most disturbingly, there were numerous claims of war crimes by both sides, including summary executions of civilians and enemy fighters.

Libya: a 720% rise in civilian deaths

Meanwhile, civilian harm spiralled in Libya. Field Marshall Khalifa Haftar’s self-styled Libyan National Army (LNA) launched its offensive on Tripoli in April. However, what was intended to be a brief conflict soon turned into a protracted siege, with foreign powers playing an increased role, particularly in a proxy drone war between the United Arab Emirates and Turkey.

The impact on civilians was dire. Between April 4th and December 31st 2019, local sources reported between 279 and 399 civilian deaths. A measure of the intensity of 2019’s bombing is shown by the fact that more than 48% of all locally reported civilian fatalities in Libya’s civil war since 2012 occurred during the nine months between April and December 2019.

Image caption translation: “Warlord Haftar’s warplane bombs oil facility and tannery in Tajoura, east Tripoli”, June 19th 2019 (via Libya Observer)

Somalia: Record number of declared US actions

In April, Airwars expanded its conflict portfolio when it took over the Bureau of Investigative Journalism’s long running monitoring of US counter terrorism drone strikes and civilian harm claims in Yemen, Somalia, and Pakistan. We are currently reviewing this significant dataset using Airwars’ own internationally-respected methodology.

Our assessment of US air and ground operations in Somalia since 2007 is now complete – with our annual report revealing that a maximum of 44 civilian deaths were alleged during 2019, in thirteen locally claimed civilian harm events. Overall the US declared 63 airstrikes against both al Shabaab and ISIS for the year – the highest ever tally.

Advocating on behalf of affected non-combatants

Our emphasis at Airwars has always been working on behalf of affected civilians. Throughout 2019, our advocacy teams continued to engage with the US-led Coalition and its allies. More than half of all Coalition-conceded conceded civilian harm events during the year were Airwars referrals for example – with at least 220 additional deaths conceded.

Substantial talks on transparency and accountability for civilian harm were also held with senior Pentagon officials; with the British and Dutch ministries of defence; and with NATO’s Allied Rapid Reaction Corps.

In November, the Netherlands finally admitted responsibility for a June 2015 strike in Hawijah, Iraq, which killed at least 70 civilians, according to locals. Airwars is now partnering with a number of Dutch NGOs and academics, with a focus on securing long term improvements in transparency and accountability for civilian harm by the Netherlands military.

“Since Airwars began in 2014, our exceptional team has tracked more than 50,000 locally reported civilian deaths across several conflict nations,” notes Airwars director Chris Woods. “As our 2019 report demonstrates, civilian harm remains a constant in war. Yet too often, belligerents deny or downplay civilian harm – even when local communities themselves are making clear the true costs of conflict.”

Download our full annual report for 2019

Scene of a devastating Coalition strike at Hawijah, Iraq which killed up to 70 civilians (via Iraqi Spring)

▲ The aftermath of an alleged Russian or Syrian regime airstrike on Saraqib, Idlib, June 22nd 2019 (via White Helmets)