Protecting Civilians in Gaza and Beyond with Marc Garlasco and Emily Tripp
Jan 18, 2024
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Marc Garlasco, civilian harm reduction advocate, and Emily Tripp, military policy expert, discuss the state of civilian harm worldwide, the Pentagon's groundbreaking policy on civilian harm reduction, and efforts to get U.S. allies and partners to buy in. They emphasize the need for better protections for civilians in conflict zones and the challenges of future administrations ignoring or removing policies aimed at protecting civilians. The speakers also discuss the importance of safeguarding personal information online and the evolving relationship between NGOs and the military.
The Department of Defense released a policy on civilian harm reduction, acknowledging the need to count and address civilian harm in warfare.
Civilian harm globally is dire, with many deaths remaining unacknowledged or underreported, highlighting the need for better clarity and a more comprehensive approach to protection and accountability.
The DOD's new policy on civilian harm reduction has influenced allies like the Netherlands, emphasizing the importance of high-level buy-in and collaboration in tackling civilian casualties.
Deep dives
The Importance of Defining Civilian Harm
Civilian harm goes beyond just casualties and includes the long-term effects and secondary consequences of warfare. The Department of Defense (DoD) released a new policy on civilian harm reduction motivated by previous failures in protecting civilians. The policy recognizes the need to count and address civilian harm, ensuring proper tracking and understanding of how and why civilians are affected. While the DoD's definition of civilian harm is a step forward, there are concerns regarding the phrase 'mere inconveniences' and the lack of clarity on location specificity. The policy also requires working with allies and partners, with sea maps created to assess their civilian harm mitigation efforts. However, there are criticisms regarding the additive approach rather than the deduction of support for allies who don't meet adequate standards.
The State of Civilian Harm Worldwide
The state of civilian harm globally is dire, with thousands of civilian casualties in conflict zones. Organizations like Air Wars track and document civilian harm from US actions, such as drone strikes and military operations against ISIS. However, many civilian deaths remain unacknowledged or underreported, with discrepancy between officially admitted casualties and actual numbers. Compensation for victims is lacking, and governments often do not fulfill their obligations in reporting civilian harm. International law requires states to account for civilian casualties, but states fall short in implementation. While the new DOD policy is a positive step towards accountability and protection, there is a need for better clarity and a more comprehensive approach.
Ripple Effects of the DOD Policy
The new DOD policy on civilian harm reduction has had some impact on US allies and partners. The Netherlands, for example, has been inspired by the policy and is studying its application in their context. The importance of high-level buy-in within the military community for civilian protection has been recognized. However, there are challenges in implementation and the need for greater engagement with civil society. Other states, like NATO members, have preexisting policies on civilian protection, but the DOD's policy offers a more comprehensive approach. The effectiveness of the policy's ripple effects will depend on the willingness of states to tackle the issue and work collaboratively.
The Need for Standardization in Protecting Civilian Casualties
The recently implemented policy, known as the civilian harm mitigation response action plan, aims to standardize the approach to civilian casualties across the entire U.S. military. Prior to this, each combatant command had its own guidelines, but now there is a need for uniformity. The catalyst for this policy was an airstrike in Afghanistan that resulted in the death of a family, including children and an aid worker. Secretary Austin played a significant role in championing this policy and pushing for a higher level of civilian protection, going beyond the requirements of international humanitarian law. The policy includes measures such as hiring specialists in the protection of civilians, improving targeting techniques, data management, and providing recompense to victims of civilian harm. It also emphasizes the need for collaboration with allies to address civilian casualties in multinational operations.
The Significance and Challenges of the Policy Implementation
The release of the policy, known as the Dodie, received both positive and cautious reactions. One notable aspect is the commitment to improve civilian harm assessment by including specific codes per allegation, enabling tracking and accountability. The policy also aims to adopt best practices, such as providing casualty ranges to demonstrate transparency when assessing civilian casualties. However, the success of implementation lies in the details and the effective execution of the policy. The United Nations has also been promoting civilian harm mitigation efforts, and there is hope for a new normative framework that prioritizes civilian protection. While the policy is a step in the right direction, there is a long way to go, particularly in addressing the significant civilian harm occurring in ongoing conflicts. Despite challenges and pessimism, incremental changes and collective efforts by organizations and civil society are crucial to maintain humanity and strive for positive change.
Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But as Marc Garlasco recently wrote in Lawfare, “[T]he policy comes at an awkward time … The U.S. military has issued guidance on how to protect civilians during operations just as its close ally Israel has reportedly killed thousands of Palestinians with American bombs.”
And yet, many aspects of the new policy are nothing short of groundbreaking.
Lawfare Managing Editor Tyler McBrien sat down with Marc, a former targeting professional and war crimes investigator and current military advisor at PAX, as well as Emily Tripp, the Director of Airwars, a transparency watchdog NGO which tracks, assesses, archives, and investigates civilian harm claims in conflict-affected nations. They discussed the state of civilian harm worldwide; the good, the bad, and the ugly of the Pentagon’s new policy; and recent efforts to get U.S. allies and partners to buy in.
