Hidden Cost: This is how many civilians the DoD admits to inadvertently killing over the past five years
Transparency on civilian casualties is crucial for the Department of Defense (DoD) for several reasons. First, it promotes accountability by allowing scrutiny and pressure to minimize harm in future operations. Second, it aids victims, maintains public trust, and enables humanitarian organizations to target aid efforts. Third, it fosters a comprehensive understanding of the impact of warfare, facilitating learning and preventing future tragedies. Lastly, it ensures compliance with international law regarding reporting and investigating civilian casualties during military operations.
So, how many grave mistakes were made?
The DoD Annual Report on Civilian Casualties in Connection With United States Military Operations started in accordance with Section 1057 of the 2018 National Defense Authorization Act (NDAA). This act was passed in 2017, but the provision requiring the annual report took effect the following year. Therefore, the first DoD Annual Report on Civilian Casualties was likely issued in 2018.
I’ve summarized the findings below, but it’s important to note that some independent organizations monitoring civilian casualties report higher numbers than the DoD, particularly in locations like Somalia.
2022: DoD claims 0 civilians were killed and 0 injured
2021: DoD claims 12 civilians were killed and 5 injured (majority in Afghanistan)
2020: DoD claims 23 civilians were killed and 10 injured (majority in Afghanistan)
2019: DoD claims 132 civilians were killed and 91 injured (majority in Afghanistan)
2018: DoD claims 37 civilians were killed and 17 injured (DoD doesn’t specify, but the U.S. was primarily involved in military operations in Afghanistan, Iraq, Syria, and Somalia)
2017: DoD claims 499 civilians were killed and 169 injured (majority due to anti-ISIS campaign in Iraq and Syria, as well as support of the Saudi-led coalition in Yemen and other anti-terror acts in Somalia)
This brings the total deaths to 703 and the number of injured to 292.
The natural question is: should the U.S. pay compensation for those accidentally killed and maimed in the crossfire of conflict?
The Department of Defense (DoD) doesn't directly pay compensation for accidental civilian deaths caused during wartime. International law doesn't require such compensation in these situations. However, the DoD does have programs in place to offer some form of assistance to those affected.
The Foreign Claims Act (FCA) allows the DoD to compensate foreign civilians for accidental deaths, injuries, or property damage. However, this applies only in specific circumstances. The incident must not be related to combat and can't be caused by negligence on the part of the U.S. military. Additionally, there are caps on the amount of compensation awarded.
In situations where accidental civilian casualties occur during combat operations, the DoD can offer condolence payments through the Commander's Emergency Response Program (CERP) fund. These symbolic gestures express regret for the loss rather than true financial compensation. While they acknowledge the civilian losses, they don't fulfill a legal obligation on the DoD's part.
However, as a U.S. taxpayer, you have contributed to a fund that supports those who have erroneously lost lives, livelihoods and limbs in the fog of war. However, the U.S. is failing to compensate civilians harmed in military operations.
The U.S. Department of Defense (DoD) recently released its 2022 report on civilian casualties, nearly a year late. Disappointingly, the report follows a trend of minimal financial amends for affected civilians. Despite Congressional authorization for $3 million annually in ex gratia payments, the DoD made none in 2022, echoing the minimal payments in 2020 (zero) and 2021 (one).
This lack of compensation is particularly concerning given the documented civilian harm caused by U.S. operations. In the war against ISIS alone, the U.S.-led Coalition acknowledged over 344 civilian harm incidents, resulting in thousands of deaths. Yet, requests for ex gratia payments submitted on behalf of affected families by organizations like the Center for Civilians in Conflict and the Zomia Center's Redress Program remain unanswered.
This inaction contradicts the DoD's recent efforts to improve its response to civilian harm. The 2022 Civilian Harm Mitigation and Response Action Plan (CHMR-AP) explicitly commits to acknowledging and responding to civilian harm with dignity and respect. However, this commitment hasn't translated into changes regarding ex gratia payments, even in cases already acknowledged by the military.
War's high cost to civilians is chilling. Indiscriminate weaponry and targeting of infrastructure cause immediate casualties, while sieges and displacement lead to starvation, disease, and a refugee crisis. Long-term effects include the lingering threat of landmines, economic instability, and lasting psychological trauma. In the face of war's brutality, civilians often become unintended casualties or face the struggle of rebuilding shattered lives.
How much collateral is too much?
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