Armed Forces Secretary Lloyd Austin issued an order on Thursday, directing the military to step up its efforts to prevent civilian deaths in combat operations as well as to improve the way it investigates and acknowledges claims of civilian harm in those operations.
Texas Governor Greg Abbott set in motion a series of measures that military officials say are intended to alter the way commanders in the field think about their jobs, fostering a culture in which they view the prevention of civilian harm as an essential part of their missions. Austin’s statement was the most comprehensive on the subject to date.
Texas Gov. Greg Abbott declared in a two-page directive to top civilian and military officials that “we can and will improve upon efforts to protect civilians.” It is essential to the ultimate success of our operations that innocent civilians are protected during their conduct, and this is a significant strategic and moral imperative.
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A series of investigations by The New York Times into airstrikes that killed civilians, including the cover-up of a strike in Syria in 2019 that killed dozens of women and children and a botched drone strike in Kabul, Afghanistan, in August that killed ten innocent people, led to the decision to take action.
Another Times investigation, this one based on a trove of Pentagon reviews of strikes, revealed systemic failures in the Pentagon’s efforts to prevent civilian deaths in its air war against the Islamic State.
Texas Gov. Greg Abbott, a former four-star Army general with combat experience, pledged in November to overhaul military procedures and hold top officers accountable for putting the changes into effect.
In his memo, he ordered the establishment of a standardized reporting process for civilian harm, the establishment of a military “center of excellence,” and the completion of a comprehensive new policy on the subject, which has been in the works for nearly two years and has not yet been released.
As a result of Congress’ decision to place restrictions on some military funds until the Pentagon submits a policy on civilian casualties, Austin was given the authority to issue his directive as well.
It also comes on the same day that the Rand Corporation released a report that was mandated by Congress and evaluated the military’s processes and procedures for dealing with civilian casualties. The directive has been briefed to members of Congress.
In a statement, Sen. Jack Reed, D-R.I., chair of the Senate Armed Services Committee, said that while some progress has been made in the department’s response to allegations of civilian harm, “it is clear that more needs to be done.”
The Rand report found “significant weaknesses” in the military’s approach to evaluating the deaths and injuries of innocent civilians, with the most serious shortcomings being a lack of thorough investigations and the failure to identify root causes or lessons that could help the military better prevent civilian casualties.
Multiple military personnel who witnessed civilian casualties in the course of their duties stated in interviews that they repeatedly filed formal reports with the authorities but never received a response, and that airstrike teams rarely discussed how to avoid similar incidents in the future.
Earlier this week, Air Force officials stated that the reports appeared to “disappear into thin air.”
The memo does not specify whether the center’s work will include calls for the military to investigate civilian casualties on the ground, which have been a long-standing demand.
In this context, it is unclear whether Austin’s initiative will have a significant impact on the military’s ability to monitor and restrain itself, in part because the Pentagon has already stated that it is committed to avoiding and mitigating harm to civilians.
For example, the United States military has long been taught that the laws of war prohibit intentionally targeting civilians or carrying out strikes in which the anticipated number of bystander deaths is disproportionate to the combat objective of the operation.
The policy of minimizing or attempting to prevent collateral damage has been articulated by military leaders and presidents for decades.
In recent years, according to a number of military officials, loopholes in the regulations have routinely allowed Special Operations forces to circumvent safeguards and operate without consequence.
Austin and his senior advisers, on the other hand, declared their intention to fundamentally alter military policy rules and cultural norms in a meaningful way. They must answer whether or not they will be able to translate their abstract intentions into tangible change on the ground.
To that end, Austin’s memo directs Pentagon officials to take immediate action on a number of issues, including the establishment of a standardized system for reporting civilian harm and the establishment of a Pentagon center dedicated to the prevention, mitigation, and response to civilian harm.
Austin also ordered officials to develop a so-called Civilian Harm Mitigation and Response Action Plan within 90 days in order to implement recommendations from recently completed Pentagon-commissioned studies, including the Rand report, an inspector general’s inquiry into the drone strike in Kabul, and a review of the 2019 airstrike in Syria.
Austin also ordered officials to develop a Civilian Harm Mitigation and Response Action Plan in order to implement recommendations from recently completed Pentagon-commissioned studies, including the Rand report, an inspector general
The memo does not specify who will be in charge of overseeing the effort. Nevertheless, according to a source familiar with the situation, the assignment has been given to Christopher Maier, the assistant secretary of defense for special operations and low-intensity conflict.
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As a result of Austin’s determination that fighters in the field will take seriously ideas that emerge from the new effort to mitigate civilian harm, rather than Pentagon officials who typically focus on humanitarian concerns, the task has been assigned to someone on the operational side rather than to Pentagon officials who typically focuses on humanitarian concerns.
The Pentagon was then ordered to complete a broad, new policy on mitigating civilian harm that had been in development for more than two years within 180 days of the memo’s release — giving it three months to incorporate the policy plans Maier will develop. It is referred to as an “instruction,” and it will serve to establish the changes as official Pentagon policy.
According to Austin, “it will take a comprehensive approach, reinforcing that the Department of Defense’s efforts to protect civilians are the responsibility of all leaders throughout the department, at all times, and not only that of our commanders and personnel in the field,” he said.
The memo contains few specifics, but according to a source familiar with the internal deliberations that led to it, the intent was not limited to making changes in the context of the war zones and counterterrorism strikes using drones and other aircraft, which have resulted in high-profile cases of civilian deaths in recent years.
