Reference Guide: Tracking Protection of Civilians Through the NDAA The United States National Defense Authorization Act (NDAA) is legislation that provides annual authorization of appropriations for the Department of Defense (DoD) and defense-related activities at other federal agencies. In so doing, the NDAA also establishes, guides, and at times restrains defense policy. In recent years,…
By Annie Shiel, Seth Binder, Jeff Abramson, William Hartung, Rachel Stohl, Diana Ohlbaum, Adam Isacson, Brittany Benowitz and Daniel R. Mahanty In recent years, U.S. arms sold and transferred abroad have been used to commit gross violations of human rights and international humanitarian law (IHL) and fueled widespread civilian harm, corruption, and humanitarian crises in countries…
By Annie Shiel On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. The issuance of this regulation is a welcome step forward in institutionalizing the practice of making amends and recognizing the significant harm that occurs in military operations. However,…
By Annie Shiel and Dan Mahanty On March 3, the House Rules Committee held a rare bipartisan hearing on the erosion of congressional checks and balances on the executive branch’s ability to involve the country in war. The hearing was a welcome step in addressing executive overreach on national security and war powers, an issue that has…
The FY19 National Defense Authorization Act (NDAA) enacted by Congress required the U.S. Department of Defense (DoD) to develop a comprehensive department-wide policy addressing civilian casualties resulting from U.S. military operations. This provision also required the Secretary of Defense to appoint a senior-level civilian to develop, coordinate, and oversee compliance with DoD policy related to…
December 24, 2019 – In the past few years we’ve seen U.S.-made planes and weapons bomb children in Yemen; gross violations of human rights by recipients of U.S. arms in places such as Cameroon and Nigeria; tear gas canisters labeled “made in the USA” fired at pro-democracy protesters in Hong Kong; and a steady stream of American guns fueling homicide crises…
Our first guide focused on US law and policy on the use of military force in the context of counterterrorism operations. The US also conducts operations “by, with, and through” local partners by training, advising, accompanying, or providing intelligence or logistical support. In these cases, US forces may be indirectly involved, or at risk of…
Where is the United States at war and what laws does the US government call upon as justification? As of today, the US conducts counterterrorism operations involving lethal force in at least six countries. The US government’s broad interpretation of domestic and international law that supports these operations could provide the basis for using force…