March 14, 2022

Reps. Gallego, Crow, Jacobs, Larsen, Malinowski Lead Call for Progress on Civilian Harm at DOD 

In a letter addressed to Sec. Lloyd Austin, 46 members of Congress request DOD to update Congress on how the department will repair systemic flaws related to civilian harm

WASHINGTON, D.C. – Rep. Ruben Gallego (AZ-07), chairman of the House Armed Services Subcommittee on Intelligence and Special Operations, Reps. Tom Malinowski (NJ-07); Jason Crow (CO-06); Sara Jacobs (CA-53); Rick Larsen (WA-02); and 41 other members of Congress today called on Defense Secretary Lloyd Austin to provide an update on DOD’s progress on how the Department will address civilian harm. 

The letter states: “We write first to express our appreciation for your recent commitments to address civilian harm caused by U.S. counterterrorism operations delineated in your 27 January Department of Defense memorandum. The care you have taken to speak to the defense community about this issue as a priority is laudable. We also believe that there are many ways in which the Pentagon can improve. As such, we request that you brief Congress on your progress on repairing systemic flaws related to civilian harm.

“Civilian deaths, injuries, and other harm caused by US military operations risks our legitimacy overseas, has been shown to fuel the very extremism we’re fighting, gives other governments an excuse to overlook harm, and does not align with our American values. We are optimistic that your recent commitments will lead to change. At the same time, while improvements have been made, the Pentagon must look at new ways to address the issue, including increased interagency input. This letter reflects our expectations in writing for the level of ambition we believe is needed at the Department of Defense to prevent and address US-caused civilian harm.”  

The letter comes after an investigation by the New York Times shed light on flaws in how the US military prevents, investigates, and responds to civilian deaths in Iraq, Afghanistan, and Syria. In response to the investigation, Secretary Austin directed DOD to provide a plan to address civilian harm within 90 days and to create a Center of Excellence for civilian protection.

The letter requests specific issues be addressed in the forthcoming DOD Instruction, Center of Excellence, or the Civilian Harm Mitigation Response Action Plan. The issues include:

  • Resources and staffing;
  • Targeting procedures;
  • Tracking and analysis;
  • Investigations;
  • Amends;
  • Lessons learned;
  • Accountability; and
  • Center for Excellence.

The letter concludes: “We welcome your commitment to addressing US-caused civilian harm. It is imperative that the United States armed forces uphold the highest standards of conduct, including consistent standards for protecting the lives of civilians. We expect to be briefed following the completion of your 90-day review.” 

The full list of members of Congress signed-on to the letter include Rep. Ruben Gallego (AZ-07), Rep. Jason Crow (CO-06), Rep. Sara Jacobs (CA-53), Rep. Tom Malinowski (NJ-07), Rep. Rick Larsen (WA-02), Armed Services Committee Chair Adam Smith (WA-09), House Permanent Select Committee on Intelligence Chair Adam B. Schiff (CA-28), House Foreign Affair Committee Chair Gregory W. Meeks (NY-05), Tom Lantos Human Rights Commission Co-Chair James P. McGovern (MA-02), Rep. James R. Langevin (RI-02), Rep. Salud O. Carbajal (CA-24), Rep. Jackie Speier (CA-14), Rep. John Garamendi (CA-03), Rep. Andy Kim (NJ-03), Rep. Mikie Sherrill (NJ-11), Rep. Ro Khanna (CA-17), Rep. William R. Keating (MA-09), Rep. Jimmy Panetta (CA-20), Rep. Marilyn Strickland (WA-10), Rep. Gerald E. Connolly (VA-11), Rep. David N. Cicilline (RI-01), Rep. Andy Levin (MI-09), Rep. Susan Wild (PA-07), Rep. Jim Himes (CT-04), Rep. Colin Allred (TX-32), Rep. Ted W. Lieu (CA-33), Rep. Joe Neguse (CO-02), Rep. Barbara Lee (CA-13), Rep. Grace Meng (NY-06), Rep. Joaquin Castro (TX-20), Rep. Jim Costa (CA-16), Rep. Karen Bass (CA-37), Rep. Peter Welch (VT-AL), Rep. Anna G. Eshoo (CA-18), Rep. Donald S. Beyer, Jr. (VA-08), Rep. C.A. Dutch Ruppersberger (MD-02), Rep. Illhan Omar (MN-05), Rep. Katie Porter (CA-45), Rep. Dina Titus (NV-01), Rep. Jahana Hayes (CT-05), Rep. Lisa Blunt Rochester (DE-AL), Rep. Judy Chu (CA-27), Rep. Ayanna Pressley (MA-07), Rep. Eric Swalwell (CA-15), Rep. André Carson (IN-07), Rep. Eleanor Holmes Norton (D-DC).