Internal US military reviews of operations resulting in civilian harm remain “fundamentally” flawed and require urgent redress despite pledges made last year, Human Rights Watch said on Thursday.
On Tuesday, the US Department of Defense released a public summary, but not the full report, of an airstrike it conducted against Syria in 2019 in which it acknowledged faults for the handling of the operation but found no one accountable.
Sarah Yager, Washington director of Human Rights Watch, said: “It’s disappointing but not surprising the DOD has once again refused to hold itself accountable for civilian deaths.”
She added: “In addition to resolving obvious flaws in its investigative process, the US military should publish the full review, as a show of respect to the victims’ families and to prevent future abuses.”
Defense Secretary Lloyd Austin initiated the review after a November New York Times article condemned an initial investigation for its failure to acknowledge that dozens of civilians had been killed by the strike on Baghouz in March 2019 and alleged individuals within the DOD had sought to cover up the extent of civilian harm.
Despite Austin’s intervention and pledge to create a Civilian Harm Mitigation and Response Action Plan, HRW said this latest review failed in its commitments to transparency, lacked information from witnesses, used “an overly elastic definition of combatants” and did not provide amends for the civilians harmed.
The NGO claimed the DOD classified all adult males as combatants, regardless of their participation in hostilities, contravening international humanitarian law standards on distinguishing between civilians and combatants; relied on incorrect Syrian allies, rather than properly verifying information received; and provided no evidence of interviews with people outside the US military.
In a statement, HRW said: “Instead, it appears that the military reviewers relied upon the same incomplete information in the review that they relied upon to conduct the airstrike.”
Yager pointed to the failure to investigate as proof that the US Congress needed to intervene to urgently address the military’s handling of civilian harm.
“We had high hopes for Secretary Austin’s commitments earlier this year to reform, but the many missteps in this inquiry leave us deeply concerned that the US military hasn’t gotten the memo,” she said.