DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

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,…

Civil Society Guidance for a Model DoD Policy on Civilian Harm

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…