Bipartisan Legislation Aims to Overhaul Civilian Harm Transparency and Prevention in US Military Operations

Strategic Insights -

Congresswoman Sara Jacobs (D-CA-53) and a group of bipartisan colleagues have introduced two pieces of legislation aimed at preventing and mitigating civilian harm caused by US military operations. The proposals, which have been endorsed by over 15 human rights groups and organizations, aim to increase transparency and accountability within the Department of Defense (DoD) and provide much-needed reforms to prevent the tragic loss of civilian life.

Key Takeaways:

  • The Protection of Civilians in Military Operations Act and the Department of Defense Civilian Harm Transparency Act are two pieces of bipartisan legislation aimed at preventing and mitigating civilian harm caused by US military operations.
  • The bills require the Department of Defense to establish a Database on Reports on Assessments and Investigations to preserve and organize reports of civilian harm resulting from US military operations.
  • The legislation also requires the Secretary of Defense to establish and regularly update a public database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from US military operations.
  • The Department of Defense Civilian Harm Transparency Act expands civilian harm reporting and public transparency under Section 1057 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (FY 2018).
  • The bills have been endorsed by over 15 human rights groups and organizations, including Human Rights Watch, the Center for Civilians in Conflict, and Amnesty International USA.

Statistics:

  • The Department of Defense has been criticized for its lack of transparency and accountability on civilian casualties, with some estimates suggesting that US military operations have resulted in the deaths of tens of thousands of civilians worldwide.
  • The Protection of Civilians in Military Operations Act requires the Secretary of Defense to submit an annual report to Congress on civilian casualties resulting from US military operations.
  • The report must include a comprehensive list of requirements, including information about any incidents of civilian harm, the number of civilians killed, and the number of civilians injured.
  • The legislation also requires the Secretary of Defense to contract with a federally funded research and development center to publish an unclassified report on how the Department of Defense has distinguished between combatants and civilians in US military operations in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen since 2001.

Sources:

  • "Bipartisan Legislation Aims to Overhaul Civilian Harm Transparency and Prevention in US Military Operations", 2022, United States House of Representatives.
  • "Protection of Civilians in Military Operations Act", 2022, United States Senate.
  • "Department of Defense Civilian Harm Transparency Act", 2022, United States House of Representatives.
  • Human Rights Watch, "New Bipartisan Legislation Seeks to Improve US Civilian Harm Transparency and Prevention", 2022.
  • Center for Civilians in Conflict, "US Lawmakers Introduce Bipartisan Legislation to Prevent and Mitigate Civilian Harm", 2022.