The Pentagon Continues to Exonerate Itself of Harming Noncombatants

Late last year, the Defense Department also issued its long-awaited “Instruction on Civilian Harm Mitigation and Response,” which established the Pentagon’s “policies, responsibilities, and procedures for mitigating and responding to civilian harm.” The document, mandated under the 2019 National Defense Authorization Act, and approved by Austin, directs the military to “acknowledge civilian harm resulting from U.S. military operations and respond to individuals and communities affected by U.S. military operations,” including “expressing condolences” and providing ex gratia payments to next of kin.

But despite $15 million allocated by Congress since 2020 to provide just such payments and despite members of Congress repeatedly calling on the Pentagon to make amends for civilian harm, it has announced just one such payment in the years since.