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Initial United States Forces - Afghanistan (USFOR-A) Assessment

Annex E: Civilian Casualties, Collateral Damage, and Escalation of Force

Background

Civilian casualties (CIVCAS) and damage to public and private property (collateral damage), no matter how they are caused, undermine support for GIRoA, ISAF, and the international community in the eyes of the Afghan population. Although the majority of CIVCAS incidents are caused by insurgents, the Afghan people hold ISAF to a higher standard. Strict comparisons of amount of damage caused by either side are unhelpful. To protect the population from harm, ISAF must take every practical precaution to avoid CIVCAS and collateral damage.

ISAF established a CIVCAS Tracking Cell in August 2008. This step was reinforced by a revised Tactical Directive (TD) issued to all troops in theatre on 1 July 2009, which, inter alia, clearly described how and when lethal force should be used. All subordinate commanders were explicitly instructed to brief their troops (to include civilian contractors) on the TD. Further, a thorough review of ISAF and USFOR-A operating procedures and processes has been ordered.

Scope

The TD, in conjunction with COMISAF's COIN guidance and other supporting directives, describes how ISAF will both mitigate CIVCAS incidents, and change its approach to COIN and stability operations. These measures will improve the ability of ISAF to protect the population from harm.

This paper proposes recommendations to enhance the direction given in the TD.

Key Findings

Training

Though it is not possible to prescribe the appropriate use of force for every situation on a complex battlefield, all troops must know, understand, comply, and train with the direction outlined in the TD. This implies a change in culture across the force. ISAF units and soldiers must be fully prepared to operate within the guidelines of the TD and other directives prior to deployment. Home-station training events must be nested within these directives. Training must continue in theater to ensure the guidance is being implemented correctly.

Recommendation: ISAF must utilize expertise resident at the Counter Insurgency Training Center-Afghanistan ("COIN Academy") and within ISAF organizations to ensure all units in theater understand and are able to apply the TD, COIN Guidance, and standing ROE. ISAF must also work together with home-station training centers and professional development schools to ensure units are properly prepared through education and pre-deployment training.

The TD and COIN Guidance will be disseminated rapidly to U.S. Combat Training Centers and to NATO and ISAF Troop Contributing Nations (TCNs) for inclusion in scenario development and programs of instruction.

Troops In Contact (TIC)

The TD stresses the necessity to avoid winning tactical victories while suffering strategic defeats. Ground commanders must fully understand the delicate balance between strategic intent and tactical necessity. Commanders must prioritize operational effectiveness within their operating areas by considering the effects of their actions on the Afghan population at every stage.

Recommendation: Under the direction of Task Force Commanders, sub-unit ground commanders must plan for and rehearse a full range of tactical options to include application of force in unpopulated areas, de-escalation of force within populated ones, or even breaking contact as appropriate to accomplish the mission.

Proportionality

In order to minimize the risk of alienating the Afghan population, and in accordance with International Law, ISAF operations must be conducted in a manner that is both proportionate and reasonable.

Recommendation: When requesting Close Air Support (CAS) ground commanders and Joint Tactical Air Controllers (JTAC) must use appropriate munitions or capabilities to achieve desired effects while minimizing the risk to the Afghan people and their property. Ground commanders must exercise similar judgment in the employment of indirect fires.

Shaping the Environment and Preconditions

The importance of cultural awareness during the conduct of operations is highlighted in the TD. Specifically, it notes that a significant amount of CIVCAS occur during Escalation of Force (EoF) procedures (14% of people killed and 22% of those wounded during the last recorded 6 months). These incidents tend to occur in units with less training experience and lower unit cohesion. Fear and uncertainty among ISAF soldiers contributes to escalation of force incidents. Furthermore, although ISAF has refined and enhanced the warnings that are issued, many Afghans do not understand them and consequently fail to comply. Low literacy levels and cultural differences may explain a misunderstanding of EoF procedures and the actions that ISAF troop expect them to take.

Recommendation: Effective pre-deployment training and the development of unit cohesion are essential in honing the tactical judgment of soldiers and small unit leaders. Training scenarios at home station and combat training centers must improve. As ISAF reviews and modifies its escalation of force procedures to better fit the Afghan context, ISAF, and GIRoA must communicate those procedures more effectively to the Afghan people in appropriate media.

Press Release / Public Information

The TD also stresses the requirement to acknowledge any CIVCAS incident in the media expeditiously and accurately; timely engagement with key leaders is also a critical element. The aim is to be 'first with the known truth', based on the information available at the time. ISAF competes with insurgents (INS) information operations (10), and the INS 10 is not hampered by the need to be truthful; moreover, any statements made by the INS are rapidly disseminated, and can be persuasive to the Afghan population. As the TD notes, it is far more effective to release a factual statement with the known details early, and then a follow-on statement with additional clarification at a later stage. This procedure is more effective than simply issuing a rebuttal of an INS version of the account. Furthermore, debating the number of people killed or injured misses the point. The fact that civilians were harmed or property was damaged needs to be acknowledged and investigated, and measures must be taken for redress.

Recommendation: First, ISAF and GIRoA must aim for a consistent rather than conflicting message through appropriate media, to include word of mouth in affected local communities. Be first with the known truth; be transparent in the investigation. Second, ISAF and GIRoA should follow-up on any incident with periodic press updates regarding the progress of the investigation, procedures for redress, and measures taken to ensure appropriate accountability.

Aircraft Video Release Procedures

The advantage of photographic imagery to support any Battle Damage Assessment (BDA) is covered in the TD. This can be expanded to include aircraft weapon system imagery. The NATO Comprehensive Strategic Political Military Plan (CSPMP) for Afghanistan requires nations to establish agreed procedures for declassifying and making use of national operational imagery to reinforce NATO messages. Presently, national caveats apply to the release of aircraft BDA and weapon release imagery, and these caveats have different procedures and timelines for release. Some nations do not comply with the CSPMP.

Recommendation: Establish a standard procedure for all nations and services to attain the necessary release approval and delivery of the footage.

Honor and "Assistance"

Under the terms of the Military Technical Agreement between ISAF and GLRoA. (dated 4 Jan 02), ISAF is not required to make compensation payments for any damage to civilian or governmental property. Contributing nations are responsible for damages caused by their soldiers. Some nations contribute to individual or collective compensation, a number do not, whilst others contribute in different ways. This creates an extremely unhelpful imbalance and undermines COIN Strategy. To address this, the NATO CSPMP for Afghanistan, encourages nations to fund the NATO Post Operations Emergency Relief Fund (POERF) to compensate or assist individuals and communities.

CIVCAS payments and compensation must be carefully considered against a large number of different factors. Whilst being sensitive to the affected families and communities, improper procedures and poor investigations and accountability may encourage subsequent exaggerated claims.

Recommendation: Develop and implement an equitable system of compensation for damages, whether individual or community based. ISAF TCNs must develop a common policy for compensation and redress due to injury, loss of life, and damage to property. Although compensation can never make up for such loss, appropriate measures to ensure accountability and recognition of the importance of Afghan life and property can help mitigate public anger over the incident.