Comments
On July 1, 2016, the U.S. government released two documents on civilian causalities resulting from U.S. counterterrorism strikes abroad. The first is an Executive Order issued by President Barack Obama entitled, “United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force.” The order calls upon U.S. government agencies to train personnel, develop systems, take precautions, and undertake assessments to protect civilians. Agencies are also ordered to investigate and review all incidents involving civilian casualties, acknowledge U.S. government responsibility, share best practices and assistance with partner nations, and maintain channels of engagement with non-governmental organizations who work in combat zones. Finally, the order requires the Director of National Intelligence (DNI) or another designated official to provide an annual report, starting with the 2016 calendar year, for all U.S. counter-terrorism strikes undertaken outside areas of active hostilities and any resulting combatant and non-combatant deaths.
Also on July 1, 2016, the DNI released a summary of the total number of civilian casualties caused by U.S. operations in areas outside of active hostilities from January 2009 through the end of 2012. For purposes of the report, areas of active hostilities include Afghanistan, Iraq, and Syria. The DNI’s “Summary of Information Regarding U.S. Counterterrorism Strikes Outside Areas of Active Hostilities,” asserts there were 473 counterterrorism strikes during the period covered, resulting in the deaths of between 64–116 non-combatants and 2,372–2,581 combatants. Beyond these aggregate numbers, the DNI summary does not provide information on when or where the tallied strikes occurred or offer more detail on civilians killed by U.S. operations. In a footnote, the report includes a definition of “non-combatant,” clarifying the U.S. government’s position that not all military-aged males in the vicinity of a strike are automatically deemed to be combatants. The report also includes information on the pre- and post-strike review processes through which determinations about the number of individuals killed and their combatant-status are determined.