Aug 29, 2018
Until now, the fear of legal liability has driven condolence-payment policy. Department of Defense officials have been averse to fueling any misperception that the U.S. military has an obligation to provide compensation for civilian casualties that do not violate international humanitarian law. But sentiment shifted in the wake of a groundbreaking The New York Times investigation by Azmat Khan and Anand Gopal last November on the failure to implement amends in Iraq and Syria. Section 936 marks the first time that Congress has mandated uniform DoD processes and standards in this area.
Just Security: Condolence Payments for Civilian Casualties: Lessons for Applying the New NDAA