Non-combatant casualty value

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2009 Joint Chiefs of Staff memo CJCSI 3160-01, which described the NCV CHAIRMAN OF THE JOINT CHIEFS OF STAFF INSTRUCTION CJCSI 3160-01 13 February 2009 NO-STRIKE AND THE COLLATERAL DAMAGE ESTIMATION METHODOLOGY.pdf
2009 Joint Chiefs of Staff memo CJCSI 3160-01, which described the NCV

Non-combatant casualty value (NCV), also known as the non-combatant and civilian casualty cut-off value (NCV or NCCV), is a military rule of engagement which provides an estimate of the worth placed on the lives of non-combatants, i.e. civilians or non-military individuals within a conflict zone. It has become an element of strategic planning and policy-making during a number of armed conflicts, providing a quantification of the proportionality principle as interpreted by the military command, and thus influencing decisions regarding the use of force and "acceptable" collateral damage. [1] [2] It has been described as a "central value in contemporary Western war" [3] and "perhaps our starkest rule of engagement". [4]

Contents

The value is used as a threshold for delegated authority at the operational level; the threshold can be exceeded if the military commander is able to request and achieve sign-off from higher echelons within the military or political framework.

International law's historical prohibition against intentionally targeting civilians has been said to be poorly suited to modern warfare, due to its notion of "intent". This is because modern warfare techniques are able to predict likely civilian losses from any military action, such that it could be argued for any action where civilian losses are expected, that such civilian losses are "intended" even if considered "unavoidable". [5]

NCV calculations are possible in modern warfare due to the availability of wider information sets and advanced weaponry with more accurate targeting, reducing collateral damage. The targeting process has been systematized and proceduralized, allowing for the rationalization of the killing of non-combatants. [5]

Valuation of lives

Acceptability of NCV levels vary depending on the type of target and military objective, or for a specific area of operations, mission, or weapon system. The two most significant factors are: the perceived value of the local civilians, and the perceived value of the target. [6]

The value attributed to civilian lives depends on racial and geographic factors. Western forces operating in Western states, for example against a domestic terrorist attack, will use an NCV close to zero, in order to minimize casualties amongst their own citizens. Equivalent operations by Western forces in non-Western countries will use significantly higher NCVs. [6]

Lower NCVs are considered acceptable for "high-value targets", i.e. strategically important targets such as enemy command centers or weapons facilities. Higher NCVs are usually considered unacceptable for civilian infrastructure, humanitarian sites, and densely populated areas where the risk of civilian casualties is greater. [6]

Reported examples include: [6]

Criticism

NCV has faced criticism for its subjective nature, potential for manipulation, discrepancies in its application across different conflicts, and possible contravention of international humanitarian law. Critics argue that assigning a numerical value to human life undermines the inherent dignity and rights of non-combatants, reducing them to mere statistics in military calculations. Moreover, the lack of standardized methodologies for determining NCV and the influence of political considerations raise concerns about its reliability and ethical implications.

According to Mathias Delori, in military assessments of moral actions the "actual number of deaths and injuries hardly counts... the 'way' in which violence is perpetrated matters more than the actual level of violence... it is the very act of calculation the very fact that calculation took place that justifies action... [and] although all lives matter in principle, some lives count more than others in practice". [9]

See also

Bibliography

Further reading

Related Research Articles

<span class="mw-page-title-main">Civilian casualty</span> Civilians killed, injured, or imprisoned by non-civilians

A civilian casualty occurs when a civilian is killed or injured by non-civilians, mostly law enforcement officers, military personnel, rebel group forces, or terrorists. Under the law of war, it refers to civilians who perish or suffer wounds as a result of wartime acts. The term is generally applied to situations in which violence is committed in pursuit of political goals. During periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians.

<span class="mw-page-title-main">Collateral damage</span> Damage to things that are incidental to the intended target

"Collateral damage" is a term for any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally coined to describe military operations, it is now also used in non-military contexts to refer to any unwanted fallout from an action.

A civilian is a person not a member of an armed force nor a person engaged in hostilities.

<span class="mw-page-title-main">Non-combatant</span> Person who does not take a direct part in hostilities during war

Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

<span class="mw-page-title-main">Casualties of the Iraq War</span> Iraq War casualties

Estimates of the casualties from the Iraq War have come in several forms, and those estimates of different types of Iraq War casualties vary greatly.

<span class="mw-page-title-main">Aerial bombing of cities</span> Bombardment of a city from aircraft

The aerial bombing of cities is an optional element of strategic bombing, which became widespread in warfare during World War I. The bombing of cities grew to a vast scale in World War II and is still practiced today. The development of aerial bombardment marked an increased capacity of armed forces to deliver ordnance from the air against combatants, military bases, and factories, with a greatly reduced risk to its ground forces. The killing of civilians and non-combatants in bombed cities has variously been a deliberate goal of strategic bombing, or unavoidable collateral damage resulting from intent and technology. A number of multilateral efforts have been made to restrict the use of aerial bombardment so as to protect non-combatants and other civilians.

NCV may refer to:

A casualty, as a term in military usage, is a person in military service, combatant or non-combatant, who becomes unavailable for duty due to any of several circumstances, including death, injury, illness, missing, capture or desertion.

During the War in Afghanistan, according to the Costs of War Project the war killed 176,000 people in Afghanistan: 46,319 civilians, 69,095 military and police and at least 52,893 opposition fighters. However, the death toll is possibly higher due to unaccounted deaths by "disease, loss of access to food, water, infrastructure, and/or other indirect consequences of the war." According to the Uppsala Conflict Data Program, the conflict killed 212,191 people. The Cost of War project estimated in 2015 that the number who have died through indirect causes related to the war may be as high as 360,000 additional people based on a ratio of indirect to direct deaths in contemporary conflicts.

Marc Garlasco is an American military advisor for the Dutch non-governmental organization PAX. Early in his career, Garlasco served for seven years at the Pentagon, as a mid-level intelligence analyst, later becoming chief of high-value targeting. Garlasco left in 2003 and joined Human Rights Watch (HRW) as a senior military expert, where he investigated human rights issues in a number of different conflicts zones. He resigned from HRW in February 2010 and has since worked as a specialist on civilian protection, war crimes investigations, identification of weapons and civilian harm mitigation for – among others – the United Nations, the Center for Naval Analysis (CNA), the International Committee of the Red Cross (ICRC), before starting at PAX in 2020. Garlasco lives in New York.

Targeted killing, or assassination is a tactic that the government of Israel has used during the Israeli–Palestinian conflict, the Iran–Israel proxy conflict, and other conflicts.

<span class="mw-page-title-main">July 12, 2007, Baghdad airstrike</span> Series of air-to-ground attacks conducted in New Baghdad during the Iraqi insurgency

On July 12, 2007, a series of air-to-ground attacks were conducted by a team of two U.S. AH-64 Apache helicopters in Al-Amin al-Thaniyah, New Baghdad, during the Iraqi insurgency which followed the invasion of Iraq. On April 5, 2010, the attacks received worldwide coverage and controversy following the release of 39 minutes of classified gunsight footage by WikiLeaks. The video, which WikiLeaks titled Collateral Murder, showed the crew firing on a group of people and killing several of them, including two Reuters journalists, and then laughing at some of the casualties, all of whom were civilians. An anonymous U.S. military official confirmed the authenticity of the footage, which provoked global discussion on the legality and morality of the attacks.

Gaza War fatalities estimates made by human rights NGOs and by the involved combatants:

In armed conflicts, the civilian casualty ratio is the ratio of civilian casualties to combatant casualties, or total casualties. The measurement can apply either to casualties inflicted by or to a particular belligerent, casualties inflicted in one aspect or arena of a conflict or to casualties in the conflict as a whole. Casualties usually refer to both dead and injured. In some calculations, deaths resulting from famine and epidemics are included.

Casualties of the Iraqi insurgency (2011–present) refers to deaths and injuries in Iraq after the withdrawal of US forces at the end of the Iraq War on 18 December 2011, as fighting continued between the Iraqi government and anti-government forces in the Iraqi insurgency (2011–2013) and later escalated into the War in Iraq (2014–2017) and subsequent Iraqi insurgency (2017–present).

<span class="mw-page-title-main">Civilian casualties from U.S. drone strikes</span> Overview of civilian casualties from U.S. drone strikes

Since the September 11 attacks, the United States has carried out drone strikes in Pakistan, Yemen, Somalia, Afghanistan, Iraq and Libya.

Human shields are legally protected persons—either protected civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target. The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998. The language of the Rome Statute of the International Criminal Court prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations."

<span class="mw-page-title-main">Casualty recording</span> Recording deaths from conflict or violence

Casualty recording is the systematic and continuous process of documenting individual direct deaths from armed conflict or widespread violence. It aims to create a comprehensive account of all deaths within a determined scope, usually bound by time and location.

In international humanitarian law and international criminal law, an indiscriminate attack is a military attack that fails to distinguish between legitimate military targets and protected persons. Indiscriminate attacks strike both legitimate military and protected objects alike, thus violating the principle of distinction between combatants and protected civilians. They differ from direct attacks against protected civilians and encompass cases in which the perpetrators are indifferent as to the nature of the target, cases in which the perpetrators use tactics or weapons that are inherently indiscriminate, and cases in which the attack is disproportionate, because it is likely to cause excessive protected civilian casualties and damages to protected objects.

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References

  1. Graham, Scott (2018-11-10). "The Non-combatant Casualty Cut-off Value: Assessment of a Novel Targeting Technique in Operation Inherent Resolve". International Criminal Law Review. 18 (4): 655–685. doi:10.1163/15718123-01804002. ISSN   1567-536X.
  2. Auchter, Jessica (2023). "Counting the dead: CTS and the politics of dead bodies". Contemporary Reflections on Critical Terrorism Studies. London New York: Routledge Taylor & Francis Group. ISBN   978-1-003-26670-9.
  3. Delori 2020, p. 317: "…a concrete and operational translation of the 'proportionality' principle by stating how many 'non-combatants' the Western military are authorized to kill - or put at risk - in order to destroy a given military target. In this regard, the so-called 'non-combatant casualty cut-off value, or NCCV, is a central value in contemporary Western war: the 'non-combatant casualty cut-off value' (NCCV). A NCCV = 0 means that that the soldiers/air force pilots should put no 'non-combatant' at risk. A NCCV = 10 means that they are allowed to open fire if they estimate that they will not kill more than 10 civilians."
  4. McDonell 2017.
  5. 1 2 Smith, Brian (2021-01-02). "Civilian Casualty Mitigation and the Rationalization of Killing". Journal of Military Ethics. 20 (1): 47–66. doi:10.1080/15027570.2021.1949783. ISSN   1502-7570.
  6. 1 2 3 4 5 6 Delori 2020 , p. 317-318: "NCCV depends, notably, on two factors. It depends, firstly, on the subjective assessment of the 'value' of civilians. In this respect, the most important variable is geographical or/and racial. When a 'terrorist' attack occurs on the territory of a Western state, the NCCV used by police and military forces is close to zero, meaning that they do not want to put at risk any French or Western civilian. When they operate in the non-Western world, however, the NCCV rises significantly. This is why Western forces use different instruments depending on whether they operate in a Western country or in other parts of the world: elite commandos on the ground in the former case, armed drones and fighter-bomber jets in the latter. Secondly, the NCCV depends on the subjective assessment of the value of the military target. During the US war in Iraq, for instance, the Rules of Engagement allowed for an NCCV of 29 for each 'high-value military target'. This meant, in practice, that pilots were allowed to kill up to 29 civilians in order to eliminate a high-ranking member of Al Qaida or a senior official of Saddam Hussein's regime. When the target is a just a rank-and-file jihadist, the NCCV falls significantly. This means, in practice, that the value of non-western human lives is a function of the target's value. The framing of a person as a 'high value military target' means that more people situated nearby can be killed or, at least, put at risk."
  7. 1 2 Adams 2017 , p. footnote 13: "During the initial invasion of Iraq in 2003, the NCV was set at thirty, reflecting the lower value placed on central control of targeting decisions during the early phase of combat operations. See McNeal, supra note 6, at 751. This can be contrasted with operations in Afghanistan in 2009 where the NCV was set at one. Id. at 751–52. Up until 2008, approval for strikes required approval from the National Command Authority at Central Command Headquarters in Tampa, FL. Id. at 752. After 2009, approval was withheld at the Secretary of Defense level. Id."
  8. Iraqi, Amjad (2024-04-03). "'Lavender': The AI machine directing Israel's bombing spree in Gaza". +972 Magazine. Retrieved 2024-04-26.
  9. Delori 2020, p. 318-319: "...paradoxically, the actual number of deaths and injuries hardly counts in the assessment of what is moral and what is not. For instance, the fact that the 'moral technologies' used by the Western military kill way more civilians than the indiscriminate violence perpetrated by 'terrorists' does not lead to any 'frame breaking' in Goffman's sense. Two implicit schemes or 'frames' explain this paradoxical relation to mathematics and numbers. According to the first, the 'way' in which violence is perpetrated matters more than the actual level of violence. As Weizman puts it, 'it is the very act of calculation the very fact that calculation took place that justifies action'. This logic is pervasive in the following excerpt of an interview with a pilot whose bomb just killed civilians. The civilians' death was not accidental. The pilot knew that his bomb would kill civilians. He decided to drop it because the number of civilians was inferior to the non-combatant cut-off value. Hence, the pilot explained: 'I didn't try to kill civilians. I focused on military targets and tried my very best every day to minimize civilian casualties'. According to Weizman, this testimony is typical of 'the way the economy of violence structures the humanitarian present'. The second implicit assumption is at once humanitarian and un-democratic. It posits that although all lives matter in principle, some lives count more than others in practice. A micro illustration of this rationale can be found in Delori's analysis of how French air force pilots recount their 'air support' missions, i.e. missions in which pilots drop bombs to save comrades-in-arms who are caught under enemy fire. These missions may involve killing more 'innocent people' than the actual number of Western combatants caught under enemy fire. However, this does not throw into question the pilots' self-representation as moral agents because the characters in their narratives, i.e. their 'comrades in arms' on the one hand and the 'collateral victims', on the other, are positioned at the opposite ends of 'economy of pity'7. They are all deemed 'human' in an abstract way but are not 'equally human'. Whereas 'comrades in arms' must be defended at all cost, the killing of (non-Western) 'collateral victims' can be framed as a tolerable sin through which greater evil can be prevented. As Asad pointed out, this is a reminder that the frame of 'humanitarian violence' is like any other frame of war. It is distorted by heavy power structures: 'The perception that human life has differential exchange value in the marketplace of death when it comes to 'civilized' and 'uncivilized' people is not only quite common in liberal democratic countries, it is necessary to a hierarchical global order'"