Who Takes the Blame the Strategic Effects of Collateral Damage
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Rebooting U.S. Security Cooperation in Iraq
Rebooting U.S. Security Cooperation in Iraq MICHAEL KNIGHTS POLICY FOCUS 137 Rebooting U.S. Security Cooperation in Iraq MICHAEL KNIGHTS THE WASHINGTON INSTITUTE FOR NEAR EAST POLICY www.washingtoninstitute.org The opinions expressed in this Policy Focus are those of the author and not necessarily those of The Washington Institute, its Board of Trustees, or its Board of Advisors. All rights reserved. Printed in the United States of America. No part of this publica- tion may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. © 2015 by The Washington Institute for Near East Policy The Washington Institute for Near East Policy 1828 L Street NW, Suite 1050 Washington, DC 20036 Design: 1000colors Photo: A Kurdish fighter keeps guard while overlooking positions of Islamic State mili- tants near Mosul, northern Iraq, August 2014. (REUTERS/Youssef Boudlal) CONTENTS Acknowledgments | v Acronyms | vi Executive Summary | viii 1 Introduction | 1 2 Federal Government Security Forces in Iraq | 6 3 Security Forces in Iraqi Kurdistan | 26 4 Optimizing U.S. Security Cooperation in Iraq | 39 5 Issues and Options for U.S. Policymakers | 48 About the Author | 74 TABLES 1 Effective Combat Manpower of Iraq Security Forces | 8 2 Assessment of ISF and Kurdish Forces as Security Cooperation Partners | 43 FIGURES 1 ISF Brigade Order of Battle, January 2015 | 10 2 Kurdish Brigade Order of Battle, January 2015 | 28 ACKNOWLEDGMENTS My thanks to a range of colleagues for their encouragement and assistance in the writing of this study. -
The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
International Criminal Law a Discussion Guide for the Extraordinary Chambers in the Courts of Cambodia
INTERNATIONAL CRIMINAL LAW A DISCUSSION GUIDE FOR THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA WAR CRIMES RESEARCH OFFICE 2nd Edition December 2007 Acknowledgments Contributing authors and editors of this Guide include War Crimes Research Office (WCRO) Director Susana SáCouto, WCRO Assistant Director Katherine Cleary, former WCRO Assistant Director Anne Heindel, former WCRO Director John Cerone, Washington College of Law (WCL) Professor Diane Orentlicher and WCL Professor Robert Goldman. The following WCL students and graduates also contributed to its production: Ewen Allison, Katrina Anderson, Katharine Brown, Agustina Del Campo, Tejal Jesrani, Robert Kahn, Chante Lasco, Solomon Shinerock and Claire Trickler- McNulty. Mann Sovanna oversaw translation of the Khmer edition. We are grateful for the generous support of the Open Society Justice Initiative and the Open Society Burma Project/Southeast Asia Initiative, without which this project would not have been possible. About the War Crimes Research Office The core mandate of the War Crimes Research Office is to promote the development and enforcement of international criminal and humanitarian law, primarily through the provision of specialized legal assistance to international criminal courts and tribunals. The Office was established by the Washington College of Law in 1995 in response to a request for assistance from the Prosecutor of the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), established by the United Nations Security Council in 1993 and 1994 respectively. Since then, several new internationalized or “hybrid” war crimes tribunals—comprising both international and national personnel and applying a blend of domestic and international law—have been established under the auspices or with the support of the United Nations, each raising novel legal issues. -
Local Policing in Iraq Post-Isil
LOCAL POLICING IN IRAQ POST-ISIL CARVING OUT AN ARENA FOR COMMUNITY SERVICE? Jessica Watkins, Falah Mubarak Bardan, Abdulkareem al- Jarba, Thaer Shaker Mahmoud, Mahdi al-Delaimi, Abdulazez Abbas al-Jassem, Moataz Ismail Khalaf, Dhair Faysal Bidewi LSE Middle East Centre Paper Series | 51 | July 2021 About the Middle East Centre The Middle East Centre builds on LSE’s long engagement with the Middle East and provides a central hub for the wide range of research on the region carried out at LSE. The Middle East Centre aims to enhance un- derstanding and develop rigorous research on the societies, economies, polities and interna- tional relations of the region. The Centre pro- motes both specialised knowledge and public understanding of this crucial area and has out- standing strengths in interdisciplinary research and in regional expertise. As one of the world’s leading social science institutions, LSE com- prises departments covering all branches of the social sciences. The Middle East Centre harnesses this expertise to promote innovative research and training on the region. Middle East Centre Local Policing in Iraq Post-ISIL: Carving Out an Arena for Community Service? Jessica Watkins, Falah Mubarak Bardan, Abdulkareem al-Jarba, Thaer Shaker Mahmoud, Mahdi al-Delaimi, Abdulazez Abbas al- Jassem, Moataz Ismail Khalaf and Dhair Faysal Bidewi LSE Middle East Centre Paper Series | 51 July 2021 About the Authors Abstract Jessica Watkins is a Visiting Fellow at the Since 2003, frequent outbreaks of LSE Middle East Centre, and a Research violence in Iraq have led to a heavily mili- Associate at the German Institute for tarised local police force. -
Collateral Damage and Radicalization Process: a Case of American Drone Strikes Policy in FATA, Pakistan
Global Regional Review (GRR) URL: http://dx.doi.org/10.31703/grr.2019(IV-II).51 Collateral Damage and Radicalization Process: A Case of American Drone Strikes Policy in FATA, Pakistan Vol. IV, No. II (Spring 2019) | Pages: 478 ‒ 488 | DOI: 10.31703/grr.2019(IV-II).51 p- ISSN: 2616-955X | e-ISSN: 2663-7030 | ISSN-L: 2616-955X Ayaz Ali Shah* Tila Mohammad† Muhammad Saleem‡ This research is about the drone strikes conducted by the U.S. government in the FATA region of Pakistan from Abstract Afghanistan. Though FATA is not a declared war zone, the U.S. still continues to carry out drone attack there for a comparative number advantage of drone technology. This war tactic has been very effective in targeting some high-profile terrorists; it is not without side effects. There is a consensus of opinion that drones have killed numerous civilians in the process of targeting the terrorists. This research tries to develop an understanding of how collateral damage may work to the advantage of non-state actors and terrorist organizations and how it helps fuel the process of radicalization in the aggrieved community. Data is collected through secondary sources. It is a source of radicalization of aggrieved people who resort to revenge the death of their dear ones. Key Words: Drone strikes, collateral damage, FATA, Afghanistan, Radicalization Introduction The attack on the World Trade Center in America, a potent symbol of western capitalism, on September 11, 2001, marked a significant transformation in policies to counter and defeat terrorism. In a swift response, the then U.S. -
NEEDLESS DEATHS in the GULF WAR Civilian Casualties During The
NEEDLESS DEATHS IN THE GULF WAR Civilian Casualties During the Air Campaign and Violations of the Laws of War A Middle East Watch Report Human Rights Watch New York $$$ Washington $$$ Los Angeles $$$ London Copyright 8 November 1991 by Human Rights Watch. All rights reserved. Printed in the United States of America. Cover design by Patti Lacobee Watch Committee Middle East Watch was established in 1989 to establish and promote observance of internationally recognized human rights in the Middle East. The chair of Middle East Watch is Gary Sick and the vice chairs are Lisa Anderson and Bruce Rabb. Andrew Whitley is the executive director; Eric Goldstein is the research director; Virginia N. Sherry is the associate director; Aziz Abu Hamad is the senior researcher; John V. White is an Orville Schell Fellow; and Christina Derry is the associate. Needless deaths in the Gulf War: civilian casualties during the air campaign and violations of the laws of war. p. cm -- (A Middle East Watch report) Includes bibliographical references. ISBN 1-56432-029-4 1. Persian Gulf War, 1991--United States. 2. Persian Gulf War, 1991-- Atrocities. 3. War victims--Iraq. 4. War--Protection of civilians. I. Human Rights Watch (Organization) II. Series. DS79.72.N44 1991 956.704'3--dc20 91-37902 CIP Human Rights Watch Human Rights Watch is composed of Africa Watch, Americas Watch, Asia Watch, Helsinki Watch, Middle East Watch and the Fund for Free Expression. The executive committee comprises Robert L. Bernstein, chair; Adrian DeWind, vice chair; Roland Algrant, Lisa Anderson, Peter Bell, Alice Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Jonathan Fanton, Jack Greenberg, Alice H. -
How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality
Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2021 Transparency into Darkness: How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality John Bonino Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Law Commons Recommended Citation Bonino, John, "Transparency into Darkness: How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality" (2021). Law School Student Scholarship. 1125. https://scholarship.shu.edu/student_scholarship/1125 INTRODUCTION .......................................................................................................................... 1 I. PRELIMINARY STATEMENT ............................................................................................. 2 II. PRINCIPLE OF DISTINCTION............................................................................................. 4 A. Distinguishing Combatants and Non-combatants ................................................................ 6 i. Medical Personnel ............................................................................................................ 7 ii. Protecting Civilians .......................................................................................................... 9 B. Overcoming the Mens Rea Requirement ........................................................................... 11 III. MILITARY NECESSITY AND THE IHL ...................................................................... -
The Case of the Iraqi Disputed Territories Declaration Submitted By
Title: Education as an Ethnic Defence Strategy: The Case of the Iraqi Disputed Territories Declaration Submitted by Kelsey Jayne Shanks to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Politics, October 2013. This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Kelsey Shanks ................................................................................. 1 Abstract The oil-rich northern districts of Iraq were long considered a reflection of the country with a diversity of ethnic and religious groups; Arabs, Turkmen, Kurds, Assyrians, and Yezidi, living together and portraying Iraq’s demographic makeup. However, the Ba’ath party’s brutal policy of Arabisation in the twentieth century created a false demographic and instigated the escalation of identity politics. Consequently, the region is currently highly contested with the disputed territories consisting of 15 districts stretching across four northern governorates and curving from the Syrian to Iranian borders. The official contest over the regions administration has resulted in a tug-of-war between Baghdad and Erbil that has frequently stalled the Iraqi political system. Subsequently, across the region, minority groups have been pulled into a clash over demographic composition as each disputed districts faces ethnically defined claims. The ethnic basis to territorial claims has amplified the discourse over linguistic presence, cultural representation and minority rights; and the insecure environment, in which sectarian based attacks are frequent, has elevated debates over territorial representation to the height of ethnic survival issues. -
Understanding Cyber Collateral Damage
Understanding Cyber Collateral Damage Sasha Romanosky* & Zachary Goldman** INTRODUCTION In conventional (kinetic) U.S. warfare, there exists a standard methodology for identifying and assessing collateral damage (i.e. accidental damage to civilian targets). Indeed, the U.S. Department of Defense (DoD) relies on a governing document that defines the policy regarding unlawful military targets (no-strike targets), and methods for estimating collateral damage from kinetic military operations.1 The definitions in this document are clear, and the harms against which it aims to protect are tangible because they relate to persons and property. The munitions in the military’s arsenal are defined and well-known, and their properties—blast radius, amount of force delivered, and the like—are well understood. While accidents of course do occur, the anticipated effects of a kinetic operation (collateral or otherwise), are generally straightforward to anticipate, assess, and manage. However, given the interconnectedness of cyber and cyber-physical systems, direct, indirect, and collateral effects can be much more difficult to predict, rendering ineffective traditional approaches to collateral damage estimation (CDE). Indeed, even the notion of clearly defining and considering “damage” within the cyber realm is challenging. For example, how does one estimate harms resulting from an outage of network connectivity caused when an attacker exploits a software vulnerability? How can one evaluate and weigh the collateral impact of a cyber intervention on incommensurable values, such as exposing the IP addresses of anonymous Tor users in order to arrest child pornographers, against international comity concerns that might be implicated by remotely searching foreign computers in contravention of traditional diplo- matic and law enforcement norms? We consider two main questions in this Article. -
Annual Report on Civilian Casualties in Connection with United States Military Operations in 2019
UNCLASSIFIED Department of Defense Annual Report on Civilian Casualties In Connection With United States Military Operations in 2019 Submitted pursuant to Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), as amended The estimated cost of this report for the Department of Defense is approximately $20,000 for the 2020 Fiscal Year. This includes $25 in expenses and $20,000 in DoD labor. Generated on 2020April22 A-60DF323 1 UNCLASSIFIED Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115- 91), as amended, states the following: Annual Report on Civilian Casualties in Connection With United States Military Operations (a) ANNUAL REPORT REQUIRED.—Not later than May 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on civilian casualties caused as a result of United States military operations during the preceding year. (b) ELEMENTS.—Each report under subsection (a) shall set forth the following: (1) A list of all the United States military operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that were confirmed, or reasonably suspected, to have resulted in civilian casualties. (2) For each military operation listed pursuant to paragraph (1), each of the following: (A) The date. (B) The location. (C) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict. (D) The type of operation. (E) An assessment of the number of civilian and enemy combatant casualties, including a differentiation between those killed and those injured. -
THE BROOKINGS INSTITUTION IRAQ at a CROSSROADS with BARHAM SALIH DEPUTY PRIME MINISTER of IRAQ Washington, D.C. Monday, October
THE BROOKINGS INSTITUTION IRAQ AT A CROSSROADS WITH BARHAM SALIH DEPUTY PRIME MINISTER OF IRAQ Washington, D.C. Monday, October 22, 2007 Introduction and Moderator: MARTIN INDYK Senior Fellow and Director, Saban Center for Middle East Policy The Brookings Institution Featured Speaker: BARHAM SALIH Deputy Prime Minister of Iraq * * * * * 2 P R O C E E D I N G S MR. INDYK: Good morning, ladies and gentlemen. Welcome to The Saban Center for Middle East Policy at the Brookings Institution. I'm Martin Indyk, the Director of the Saban Center, and it's my pleasure to introduce this dear friend, Dr. Barham Salih, to you again. I say again because, of course, Barham Salih is a well-known personality in Washington, having served here with distinction representing the patriotic Union of Kurdistan in the 1990s, and, of course, he's been a frequent visitor since he assumed his current position as Deputy Prime Minister of the Republic of Iraq. He has a very distinguished record as a representative of the PUK, and the Kurdistan regional government. He has served as Deputy Prime Minister, first in the Iraqi interim government starting in 2004, and was then successfully elected to the transitional National Assembly during the January 2005 elections and joined the transitional government as Minister of Planning. He was elected again in the elections of December 2005 to the Council of Representatives, which is the Iraqi Permanent Parliament, and was then called upon to join the Iraqi government in May 2006 as Deputy Prime Minister. Throughout this period he has had special responsibility for economic affairs. -
When Does Collateral Damage Rise to the Level of a War Crime: Expanding the Adequacy of Laws of War Against Contemporary Human R
679 WHEN DOES COLLATERAL DAMAGE RISE TO THE LEVEL OF A WAR CRIME?: EXPANDING THE ADEQUACY OF LAWS OF WAR AGAINST CONTEMPORARY HUMAN RIGHTS DISCOURSE DR. SABY GHOSHRAYt First they went into my Father's room, where he was reading the Koran ... we heard shots. I couldn't see their faces very well-only their guns sticking into the doorway. I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny. Iraqi orphan1 These deeds are the overshadowing historical facts by which generations to come will remember this decade. If we cannot eliminate the causes and prevent the repetition of these bar- baric events, it is not an irresponsible prophecy to say that this twentieth century may yet succeed in bringing the doom of civilization. 2 Justice Robert H. Jackson t Dr. Saby Ghoshray's research focuses on Constitutional Law, International Law, Capital Jurisprudence, Military Tribunals, and Cyberspace Law, among other ar- eas. His work has appeared in the Albany Law Review, ILSA Journal of International and Comparative Law, European Law Journal ERA-Forum, Toledo Law Review, Catho- lic Law Journal, Fordham International Law Journal, Loyola Law Journal, New En- gland Law Review, and Georgetown International Law Review, among others. The author would like to thank Jennifer Schulke for her assistance in legal research and typing of the manuscript. To Shreyoshi and Sayantan, your support is endless. Warm thanks go to the members of the Creighton Law Review Editorial Board and their inter- est in the manuscript. Dr. Ghoshray can be reached at [email protected].