When it comes to protecting civilians in wartime, it’s time to make history

The Obama administration has routinely touted the importance of minimizing civilian harm during conflict, but absent bold change in law or policy, that rhetoric has rung hollow. Friday’s release of the executive order, United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force, however, makes history by finally putting the protection of the lives of civilians at the center of American foreign and military policy. President Obama deserves praise. But now comes the even bigger challenge of swift implementation and ensuring that successive administrations continue this commitment to protecting civilian lives in conflict.

{mosads}The stakes could not be higher. All around the world, civilian men, women and children are caught in wars and conflicts, intense and often indiscriminate bombing campaigns, fighting on the ground, and repressive armed groups and governments. And some, unfortunately, are inadvertently harmed by U.S. weapons.

Civilians like Shakeel Khan, who was in his home in North Waziristan, Pakistan, with his family when a drone missile struck in 2010. “I was resting with my parents in one room when it happened,” he told the Center for Civilians in Conflict (CIVIC). “God saved my parents and I, but my brother, his wife, and children were all killed.” The children were 5 and 3 years old.

“I must support my aged parents now but I earn a very little amount, which can hardly meet our expenses,” he said. “We don’t have enough to reconstruct our house and fear that the drones will strike us again.”

The administration’s recognition of the importance of minimizing and recognizing civilian harm to people like Shakeel is a landmark step in the right direction, one which should be emulated by all the nations and armed forces of the world. It is not only the ethical path to take and one that reflects core American values, but — as many U.S. commanders such as retired Gens. Peter Chiarelli and David Petraeus have learned in Afghanistan and Iraq — preventing and responding to civilian harm makes good strategic sense and fewer enemies.

“We know that the world is watching how the U.S. responds to incidents of civilian harm,” Chiarelli, a former commander of the Multi-National Corps-Iraq, told Congress in 2012.

But as strong a message as this executive order sends, Obama must do more to ensure it is carried out on the battlefield. And he cannot do it alone. In the remaining months of this administration and this Congress, four key priorities should be addressed.

First, congressional leaders of both parties must recognize that this country’s national security and its standing in the world are bipartisan concerns and consequently, inseparable. Executive orders, while backed by the force of law, can be, and often are, rescinded by successive presidents. Obama has done his part; now it is Congress’s turn to make history and turn elements of the executive order into permanent law. The ethical and strategic imperative to protect civilians in future conflicts is too important to be held hostage to partisan politics.

Second, translate this executive order into actionable policies. The tragic bombing of the Médecins Sans Frontières (Doctors Without Borders) hospital in Kunduz, Afghanistan showed us that proper and sustained implementation and training of those who both give and receive the orders is paramount. The administration should create an office of civilian protection inside the Pentagon, focused on creating and overseeing clear policies and guidance delivered straight to the secretary of Defense and on down the chain of command.

Third, lead by example and broadcast this message of protection to partner nations. The executive order notes that U.S. agencies that engage with foreign partners “share and learn best practices for reducing the likelihood of and responding to civilian casualties” through training and assistance. Washington should make weapons and training deals with allies contingent on them committing to learning how they can reduce and respond to civilian harm.

Fourth, the Department of Defense — with the help of Congress — should establish a permanent program for making amends to those unintentionally harmed by U.S. operations. No effort should be spared to prevent harm, but when prevention efforts fail, offering victims recognition and monetary payments in the form of amends — at its core, a gesture of respect to victims — is appropriate and often expected by communities and individuals who have been harmed. Amends should be based on consultations with victims to determine their needs and preferences. This is not a new idea; the U.S. has used amends programs for the last 15 years of conflict — and in earlier conflicts — although in an ad hoc manner. It is time to make it consistent and permanent.

This executive order on the use of force is a rare opportunity to make history and show the world that the U.S. government truly cares about civilians harmed by this country’s armed forces, and to show its enemies that people like Shakeel’s family matter — even to the most powerful nation in the world.

Borello is executive director of the Center for Civilians in Conflict (CIVIC). He has more than 15 years of experience working on human rights and international justice issues, having previously served as director of investments at Humanity United, the United Nations, the Organization for Security and Cooperation in Europe (OSCE) and the International Center for Transitional Justice (ICTJ).