Follow us on social

Shutterstock_1897231165-scaled

It’s difficult to get the Pentagon to acknowledge civilian casualties

A recent DOD report shows how incomplete accounting leaves victims with no recourse to redress.

Analysis | Global Crises

On June 2, the U.S. Department of Defense released its 2020 report on civilian casualties. Several things stood out: the overall tally of 23 civilians killed and 11 injured in all U.S. military operations worldwide was startlingly low compared to that of credible independent monitoring groups and human rights investigators.

But the most important lessons of the report won’t be found in its pages. The Department of Defense’s significant undercounting of civilian harm once again indicates what an uphill battle it can be to get meaningful investigations when civilians are killed, injured, and otherwise harmed by U.S. military operations abroad, and how nearly impossible it is to get any form of acknowledgment — let alone accountability, reparations or amends. 

Take Yemen as an example. The DOD report includes a brief section on the country, noting “11 new reports” of civilian casualties in Yemen. Our organizations, Mwatana for Human Rights and the Columbia Law School Human Rights Clinic, provided these 11 reports, as well as an additional report which we submitted in 2019. These submissions included over 150 pages of meticulously gathered information, documents, and photographs on 12 U.S. military operations in Yemen. The submissions documented 38 civilians killed in U.S. military operations, as well as seven injured. Five of the injured were children less than ten years old.

Our submissions also detailed other types of deep and long-lasting civilian harm caused by U.S. military operations in Yemen, including significant economic harms to families — for example through the loss of a family’s breadwinner — or the destruction of a vehicle an entire family living in a rural area relied on to transport themselves, food, and water.

In our submissions, we asked for investigations, acknowledgement of and apology for civilian harm, compensation or condolence payments, and accountability.

Mwatana researchers gathered this information with great difficulty and risk to their personal safety over a nearly four-year period. They visited villages where ground raids had occurred, and sites of air or drone strikes. They interviewed family members, witnesses, and survivors of these attacks — and conducted follow-up interviews to add more details. They collected documents that helped establish peoples’ civilian status, as well as medical records showing the extent of their injuries. They made extraordinary efforts to provide the clearest picture of what happened in these incidents, and who was impacted.

Columbia and Mwatana also spent significant time trying to understand what information to provide the U.S. military, and how best to route that information to the correct representatives. We grappled with how both to protect the safety and the wishes of those we spoke to in Yemen, while also presenting a record persuasive enough to convince the U.S. military that, in the dozen incidents we investigated in which the U.S. military claimed to have targeted terrorists, most of the people actually killed and wounded by these U.S. operations were civilians. At the time we submitted our reports, we had no idea when — or if — we would get a response, and if we did, what a response might include. We had no real way of telling families when to expect updates, or what they might expect.

U.S. Central Command, which is responsible for military operations in the Middle East, including Yemen, and parts of Asia, responded to our letters after many months. Their responses continued to deny the vast majority of civilian harm that Mwatana (and in some cases, other independent human rights investigators, monitoring groups, and journalists) had documented.

Central Command acknowledged one new civilian death caused by a 2019 drone strike in Yemen. The U.S. military did not name the civilian. Mwatana found that the 2019 strike killed Saleh Al Qaisi, a 67-year-old man who worked as a house painter in Saudi Arabia. His earnings helped support his family. He left behind a wife and six adult children. After his death, the community organized a protest.

At the time he was killed, Saleh was driving alone, returning from lunch at a relative’s house. In its response, the U.S. military claimed that “if a precision strike occurs against a vehicle on an empty road…it is highly unlikely to be an accident.” But Saleh, who was driving alone, does appear to have been killed in error. In the Defense Department’s 2019 report, the year in which the U.S. drone strike killed Saleh, the Pentagon claimed, in error, to have killed no civilians in Yemen, and said the same in 2018. Neither year was it true.

After research spanning four years, as well as three official letters, follow up correspondence, and a detailed public report, Mwatana’s investigations and our joint advocacy resulted in a single new, and much belated, civilian casualty admission.

Even in this rare case of acknowledgment, the U.S. military’s response was woefully inadequate. To date, no official U.S. government representative has reached out to Saleh’s family. Saleh’s death had a significant economic impact on his family, but the letter from the U.S. military noted: “the command determined that condolence payments were not appropriate.” It included no apology for the civilian life taken. It fell to Mwatana to relay to the family that, while the U.S. military had at long last acknowledged they’d killed a civilian, they continued to refuse to provide any form of amends.

The Mwatana team working on these cases for years was deeply disappointed by CENTCOM’s response. Out of more than 150 pages of evidence painstakingly collected in Yemen, what distinguished one case from the rest? What about all the other people Mwatana’s investigations found to be civilians, who were killed, injured, or otherwise harmed? What about the six women who Mwatana found were killed in their homes, or while running from them? What about the children, several under ten years old, who were harmed, or the men who community members insisted had nothing to do with AQAP but were taken from their communities by U.S. operations claiming to target only al-Qaida targets? After two years of seeking answers, we were left with more questions.

Independent monitoring groups and human rights investigators can only cover some of the incidents of civilian harm resulting from U.S. military operations. In many cases in which civilians are killed, injured, or otherwise harmed, their relatives may never encounter an NGO seeking to establish what happened to them. Where we can, we gather information that the military either cannot, or chooses not, to access, including through witness interviews and site visits. It takes time and significant effort for us to investigate and collect this information.

For a civilian in rural Yemen who has lost a loved one because of a U.S. military operation, it is nearly impossible to seek accountability and amends, at least without significant and sustained support. And, as our efforts show, even where harm is credibly and painstakingly reported, the U.S. military might continue to deny civilian harm, or acknowledge a tiny fraction of it while refusing to provide even minimal amends.

The U.S. military needs to understand the true civilian toll of its operations, and to transparently account for them. The American public needs to understand the harm its military is causing in their name. And, 20 years after these lethal operations began, Yemenis deserve truth, reparation, and justice.


Photo: akramalrasny via shutterstock.com
Analysis | Global Crises
Trade review process could rock the calm in US-Mexico relations
Top image credit: Rawpixel.com and Octavio Hoyos via shutterstock.com

Trade review process could rock the calm in US-Mexico relations

North America

One of the more surprising developments of President Trump’s tenure in office thus far has been the relatively calm U.S. relationship with Mexico, despite expectations that his longstanding views on trade, immigration, and narcotics would lead to a dramatic deterioration.

Of course, Mexico has not escaped the administration’s tariff onslaught and there have been occasional diplomatic setbacks, but the tenor of ties between Trump and President Claudia Sheinbaum has been less fraught than many had anticipated. However, that thaw could be tested soon by economic disagreements as negotiations open on a scheduled review of the U.S.-Mexico-Canada trade agreement (USMCA).

keep readingShow less
Trump Rubio
Top image credit: US Secretary of State Marco Rubio (right) is seen in the Oval Office with US President Donald Trump (left) during a meeting with the King of Jordan, Abdullah II Ibn Al-Hussein in the Oval Office the White House in Washington DC on Tuesday, February 11, 2025. Credit: Aaron Schwartz / Pool/Sipa USA via REUTERS
The US-Colombia drug war alliance is at a breaking point

Trump poised to decertify Colombia

Latin America

It appears increasingly likely that the Trump administration will move to "decertify" Colombia as a partner in its fight against global drug trafficking for the first time in 30 years.

The upcoming determination, due September 15, could trigger cuts to hundreds of millions of dollars in bilateral assistance, visa restrictions on Colombian officials, and sanctions on the country's financial system under current U.S. law. Decertification would strike a major blow to what has been Washington’s top security partner in the region as it struggles with surging coca production and expanding criminal and insurgent violence.

keep readingShow less
Trump Vance Rubio
Top image credit: President Donald Trump meets with Secretary of State Marco Rubio and Vice President JD Vance before a call with Russian President Vladimir Putin, Monday, August 18, 2025, in the Oval Office. (Official White House Photo by Daniel Torok)

The roots of Trump's wars on terror trace back to 9/11

Global Crises

The U.S. military recently launched a plainly illegal strike on a small civilian Venezuelan boat that President Trump claims was a successful hit on “narcoterrorists.” Vice President JD Vance responded to allegations that the strike was a war crime by saying, “I don’t give a shit what you call it,” insisting this was the “highest and best use of the military.”

This is only the latest troubling development in the Trump administration’s attempt to repurpose “War on Terror” mechanisms to use the military against cartels and to expedite his much vaunted mass deportation campaign, which he says is necessary because of an "invasion" at the border.

keep readingShow less

LATEST

QIOSK

Newsletter

Subscribe now to our weekly round-up and don't miss a beat with your favorite RS contributors and reporters, as well as staff analysis, opinion, and news promoting a positive, non-partisan vision of U.S. foreign policy.