The appointment of Pete Hegseth as secretary of defense has ushered in a major shakeup at the Pentagon, although it remains unclear what the long-term effects will be. Aharon J. Friedman and Allan Barall suggest that now would be a good time for rethinking the military’s approach to preventing civilian casualties, and in particular its Civilian Harm Mitigation and Response Action Plan (CHMR-AP), advanced by the former secretary of defense Lloyd Austin:
The focus on civilian harm is all-encompassing, drawing in virtually every civilian office and military command. The Department of Defense explicitly recognized the new constraints go beyond international law, but it nonetheless used them to tie the hands of our soldiers.
The CHMR-AP also attempts similarly to handcuff America’s allies, including with civilian-harm baseline assessments of allies and partners (CBAPs), and it requires the Defense Security Cooperation Agency to incorporate the new guidance in working with our allies. . . . President Biden held up munitions to Israel because Israel had not refrained from attacking Hamas when it committed the war crime of using human shields; Trump released those munitions.
The guidance completely ignores the reality that civilians are harmed in U.S. military operations primarily because our enemies use human shields—a term that does not even appear in the guidance. The myopic focus on preventing civilian harm by America’s warfighters will likely lead to greater civilian harm in the long run because it encourages our enemies to increase use of human shields.
Read more at Federalist Society
More about: Israeli Security, Joseph Biden, Laws of war, U.S. military