National Security and Human Rights Program

Understanding Collateral Damage
Workshop

June 4-5, 2002
Washington D.C.

 

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Tuesday June 4

Welcome and Introductions

            Michael Ignatieff and Sarah Sewall, Carr Center

Assessing Collateral Damage in Afghanistan: A Report from the Field 

            Presenter: William Arkin, SAIS

            Respondents: Col. Fred Wieners (Enduring Look Task Force); Michael Ignatieff, Carr Center; Karl Mueller (RAND); John Donnelly (Boston Globe)

Collateral Damage: Standards in Operations and the Law 

Who or what defines the standards? What is proportional damage? How does it influence U.S. military planning? How is/might the standard change (technology, red adapts and exploits, public scrutiny, war on terrorism)?

            Panel: Victor Rostow; Dinah PoKempner (Human Rights Watch); Capt. William Boothby (United Kingdom); Lt. Col. Tony Montgomery (SOCOM); Ken Anderson (American University) Moderator: Dana Priest (Washington Post)

Investigations of Military Incidents 

What prompts an investigation? How is it carried out? What constitutes an avoidable error and what is bad luck? When and why are specific operational changes made? When and why is a "case closed"? What roles do or should the press and human rights groups play?

            Panel: Claudio Cordone, (Amnesty International); Lt. Col. Tony Montgomery (SOCOM); Gen. Maj Gen Frank Van Kappen (retired) (Netherlands); Daniel Helle, (ICRC) Moderator: Roy Gutman (Newsweek)

Dinner Address: Gen. Charles A. Horner, (RET) USAF

 

Wednesday, June 5

Battle Damage Assessment and Collateral Damage Modeling 

BDA as part of combat assessment. Humanitarian Implications. How BDA occurs now. Limitations of process. Relationship to collateral damage modeling for target selection. How can capabilities be improved? Would it be possible to develop shared methodologies with human rights groups?

            Panel: Maj. Gen. John Casciano (Ret) (SAIC); Patrick Ball (AAAS); Col. Gary Crowder (ACC); Pat Pentland (SAIC) Moderator: Phillip Meilinger (SAIC)

The Military Learning Process

How do the US armed forces learn from operational experience? What questions don't get asked? How are systemic improvements (training, doctrine, ROE, TTP) implemented? What would the perfect learning process look like? What are barriers to these changes?

            Panel: Williamson Murray, (IDA); Thomas Keaney (SAIS); Robert Johnston (SAIC); Adam Siegel (Northrup Grumman) Moderator: Gen. Charles Horner (Ret)

Balancing Openness and Operational Security

What are DOD's obligations to track and to share information about operations and potential collateral damage? How do political and security concerns overlap? What are the implications for democratic and legal accountability?

            Panel: Carla Robbins (Wall Street Journal); Jonathan Marcus (BBC); Rear Admiral Steve Pietropaoli (Navy Public Affairs); Lucinda Fleeson (American Journalism Review) Moderator: Kenneth Bacon (Refugees International)

Wrap-up

Michael Ignatieff and Sarah Sewall

Participants

Ken Anderson
American University 

 

Matt Anderson
Task Force Enduring Look
William Arkin
SAIS, Johns Hopkins University
Ken Bacon
Refugees International

 

Patrick Ball
American Association for the Advancement of Science

 

William Boothby
Ministry of Defence, UK
Reuben Brigety
Human Rights Watch
Holly Burkhalter
Physicians for Human Rights

 

Maj. Gen. John Casicano, (Ret) USAF
SAIC
Claudio Cordone
Amnesty International

 

Conrad Crane
U.S. Army War College 
Lt. Col. Gary Crowder, USAF
Air Combat Command

 

Edward Cummings
U.S. Department of State
W. Harvey Dalton
Office of General Counsel (Intelligence)
Department of Defense

 

Bonnie Docherty
Human Rights Watch
John Donnelly
Boston Globe

 

Col. Thomas Ehrhard, USAF
Maxwell AFB, AL
William Fenrick
International Criminal Tribunal 
for the Former Yugoslavia 

 

Lucinda Fleeson
American Journalist Review
Lt. Gen. Robert Gard, (Ret) USA
Vietnam Veterans of America Foundation 

 

Avner Gidron
Amnesty International 
John Gorgiou
Task Force Enduring Look

 

Michelle Greene
Carr Center for Human Rights Policy 
Roy Gutman
Newsweek

 

Col. Carol Hattrup, USAF
International and Operational Law
Department of Defense

 

Lt. Col. Peter Hays, USAF
Joint Force Quarterly
Daniel Helle
ICRC

 

Gen. Charles Horner, USAF (Ret)
Michael Ignatieff
Carr Center for Human Rights Policy
Robert Johnston 
SAIC

 

Thomas Keaney
SAIS
Richard King
Whitney, Bradley and Brown, Inc. 

 

Jonathan Marcus
BBC
Phillip Meilinger
SAIC

 

Lt. Col. Tony Montgomery, USAF 
HQ SOCOM
Karl Mueller
RAND

 

Williamson Murray
IDA
Maj. Gen. William Nash, USA (Ret)
Council on Foreign Relations

 

Pat Allen Pentland
SAIC
Adm. Stephen Pietropaoli, USN
Navy Office of Information

 

Dinah PoKempner
Human Rights Watch
Samantha Power
Carr Center for Human Rights Policy

 

Dana Priest
Washington Post
Stephen Rickard
Nuremberg Legacy Project

 

Carla Robbins
The Wall Street Journal

 

Victor Rostow
Sarah Sewall
Carr Center for Human Rights Policy

 

Ingrid Tamm
Carr Center for Human Rights Policy
Gen. Franklin van Kappen, (Ret) 
The Netherlands
Col. Fred Wieners, USAF
Task Force Enduring Look


Working Papers

Collateral Damage in the Gulf war: Experience and Lessons
By Thomas Keaney 

.Thomas Keaney considers the reasons for relatively low numbers of civilian deaths during Operation Desert Storm, and the limitations to the Defense Department's knowledge regarding collateral damage.  The use of precision weapons and the concentration of strikes away from populated areas helped minimize collateral damage, according to Keaney.  Nonetheless, military leaders often lacked adequate information about the effects of individual bombing missions.  This information gap, Keaney says, reflects both a lack of capability and practice, and the degree to which non-DOD elements are required for effective bomb damage assessment.  Keaney discussed the limited value of measuring quantitative and qualitative (including legal analyses) inputs for understanding collateral damage in a bombing campaign.  Because collateral damage has political costs, Keaney concluded that DOD should develop the capabilities and practices that will enable the U.S. military to provide accurate information about its actions.


Collateral Damage: Assessing Violations from the Outside

By Dinah PoKempner

Dinah PoKemner discusses the challenges of evaluating the use of the military force by external analysts. These difficulties include assessing actions using ill-defined terms such as "effective contribution" and "military advantage", understanding other, non-legal standards and norms (such as public opinion) that influence military planning, and grasping what steps the military takes to learn from past mistakes. She advocates greater transparency to allow credible assessments of incidents of collateral damage and warns that overly vague terminology (such as whether "attack" applies to war on terror of indefinite length) may jeopardize the concept of proportionality by justifying almost any actions or results.

Principles Concerning the Protection of Victims of International Armed Conflicts
By Victor Rostow

Victor Rostow introduces a document drafted by the United Stated, Great Britain, and Germany regarding their shared interpretation of the principles of Protocol 1 of the Geneva Conventions.  The United States has not ratified the Protocol, because of concerns that different interpretations of Protocol 1 could lead to different rules of engagement, and interoperability would suffer.  The document was intended to "provide a common basis for military operations" among the three Allied countries.  Specific categories of people are singled out for protection, including wounded persons, civilian medical united, women and children, refugees or stateless persons, and civilian defense personnel.  In addition, the Paper specifies that only legitimate military objectives should be attacked, and that weapons causing superfluous injury, the use of human shields, and the improper use of protective emblems - such as the Red Cross - are not permitted.

The Necessity of Learning Lessons
By Adam Siegel

Adam Siegel argues that the war on terrorism requires a different approach to assimilation 'lessons learned'.  He advocates the adoption of a 'lesson identified' process within the U.S. military to assimilate both positive and negative lessons from the war on terrorism and facilitate information sharing and problem solving approaches.  He maintains that current lessons learned efforts are insufficient to produce needed changes, and proposes the development of a network of interagency teams that will work across traditional boundaries to encourage interorganizational solutions.