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Report – Exception(s) to the Rule(s): Civilian Harm, Oversight, and Accountability in the Shadow Wars
Security Assistance Monitor, Center for Civilians in Conflict, the Stimson Center, November 2020
A new report from the Security Assitance Monitor (SAM), the Center for Civilians in Conflict (CIVIC), and the Stimson Center looks at the secret programs and authorities available to the U.S. government to conduct lethal operations that are exempted from traditional legal and regulatory regimes and considers the risks these programs pose to civilian casualties, human rights violations, and U.S. involvement in wars not specifically authorized by Congress.
Nearly twenty years after the terrorist attacks of 9/11 the President of the United States continues to draw from a quiver of legal, policy, and technological instruments to use lethal force in secret, directly or through proxies, in countries around the world. With a focus on secrecy, flexibility, and speed, these programs have grown substantially in scale, and have continued to be associated with a lack of accountability for civilian casualties, human rights violations, and U.S. involvement in wars not specifically authorized by Congress.
The report examines the tradeoffs and consequences involved with the continued use and availability of these counterterrorism authorities and practices as the “endless war” enters its twentieth year. In examining these tradeoffs, it calls attention to the proliferation and normalization of authorities and tools for employing lethal force, including modes of security cooperation where the use of lethal force and civilian harm are reasonably foreseeable outcomes. It focuses on three specific and emblematic programs that are subject to fewer rules and much narrower forms of congressional oversight than other “conventional” military and intelligence programs, especially those forms of oversight that govern national decisions to go to war; the prevention and accountability for civilian casualties; and the protection of internationally recognized human rights.
The report’s main assertion is that the continued availability and, in fact, increased use of a range of “parallel” authorities risks fatally undermining rules that govern and control the use of force. The report provides a set of recommendations for the next administration and Congress to ensure that U.S. national security practice is defined by the rules it follows, rather than by the exceptions it employs.
Read the full report, click here, and check out the short video below for quick overview of the findings. |
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Security Assistance News & Research Roundup
News & Blog Posts.
Foreign Policy, November 16
Members of a CIA-backed paramilitary group have allegedly killed some 14 civilians during raids in Afghanistan’s restive Khost province in the past month, and many Afghans want the groups disbanded when the United States withdraws.
Reuters, November 18
A bipartisan coalition of Senators introduces legislation to block a $23.4 B weapons sale to the UAE, citing a lack of national security and humanitarian considerations from the Trump administration. Congress has until Dec 10 to create a ⅔ majority to slap down the sale.
Reuters, November 17
Following its 4th military crash of the year, Taiwan has grounded its F-16 fleet raising concerns about its mostly US-built air force. Taiwan has bought billions in US fighter jets hoping to deter China, but mechanical problems raise concerns about the viability of the US as a seller and Taiwan’s defense readiness.
AP News, November 17
The consequences of diminished U.S. troop support of the NATO Mission in Afghanistan could recreate an environment for international terrorist organizations, warned NATO chief Stoltenberg. The mission depends on the U.S. for troops and heavy logistical support, so it would depend on the U.S. even in a withdrawal process.
Foreign Policy, November 22
Paul Biya’s regime is ignoring the battle against Boko Haram and the Islamic State and using foreign counterterrorism assistance to fund its brutal repression of citizens with legitimate grievances.
Research, Analysis, and Opinion
The Intercept, November 18
Although the defense industry celebrated Joe Biden’s win, the President-elect has signaled that he will take a distinct approach to conflict compared to Trump’s avid overseas arms sales, creating an opening for the progressive foreign policy agenda to promote human rights and smaller defense budgets, argues Akela Lacy.
The Nation, November 20
“We have a once-in-a-generation opportunity to reorient our foreign policy away from shortsighted military alliances and toward justice,” shares Representative Ilhan Omar of Minnesota about her hopes for a progressive Biden foreign policy that values human rights and accountability, especially in its relationship with Middle Eastern states.
Huffingtonpost, November 10
This piece finds that lawmakers are increasingly confident a combination of progressives and hawks will send a big signal about changing U.S. foreign policy.
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Video Primer:
Exception(s) to the Rule(s)
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A new report from SAM, Stimson, and CIVIC looks at the secret programs and authorities available to the U.S. government to conduct lethal operations that are exempted from traditional legal and regulatory regimes. The short video above gives a brief overview of the research and findings.
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