HLMG Lawless Media Savvy Terrorist Adversaries

OUR MILITARY FORCES STRUGGLE AGAINST LAWLESS, MEDIA SAVVY TERRORIST ADVERSARIES
Our Military Forces

Struggle Against
Lawless, Media Savvy
Terrorist Adversaries
A COMPARATIVE STUDY
HIGH LEVEL MILITARY GROUP

FEBRUARY 2016
Copyright 2016 by Friends of Israel Initiative

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TABLE OF
CONTENTS
FOREWORD 5
ABSTRACT AND KEY CONCLUSIONS
INTRODUCTORY ESSAY
A NOTE ON METHODOLOGY
16
CASE STUDIES
18
Author Biographies
Operation Moshtarak, Helmand Province, Afghanistan, 13 25 February 2010
2006 Israel Lebanon Conflict, Southern Lebanon, 12 July 14 August 2006
Operation Al Fajr, Fallujah, Iraq, 7 November 23 December 2004
Operation Serval, Sahel Region, Africa, 11 January 30 July 2013
Operation Barkhane, Sahel Region, Africa, 1 August 2014 Present-day
War Plan Espada de Honor I, Cauca Region, Colombia, 2012 2013
The Battle of Sadr City, Sadr City, Iraq, 26 March - 15 May 2008
United States Drone Campaign in Pakistan, FATA, Pakistan, 2009 2015
19
20
34
50
62
73
80
101
111
ABOUT THE HLMG
130
HIGH LEVEL
MILITARY GROUP
General Klaus Dieter Naumann (Germany) is the former
Chief of Staff of the Bundeswehr, the German armed forces
and served as Chairman of the NATO Military Committee
from 1996 to 1999.
General Vincenzo Camporini (Italy) is the former Chief of
Defence Staff of Italy. He served as Deputy Chief of Defence
General Staff and President of the Italian Centre for High
Defence Studies before being appointed Chief of Staff of the
Italian Air Force and subsequently Chief of Defence General
Staff.
Lieutenant General David A. Deptula (United States) was
the principal attack planner for the Desert Storm coalition
air campaign in 1991, served as Director of the Combined
Air Operations Center in Afghanistan and served as the
first Deputy Chief of Staff for Intelligence, Surveillance and
Reconnaissance (ISR), Headquarters Air Force.
Admiral Jos Mara Tern (Spain) serves in the Office of
Strategic Assessment of the Minister of Defence of Spain. A
former Chief of the Joint Staff and Chief of the Strategic Analysis
Group, he has also served as Director for Reorganisation of the
Spanish Intelligence Service.
Major General Andrew James Molan (Australia)
served as the Chief of Operations for the Headquarters
Multinational Force in Iraq. He is a former Commander
of the Australian Defence College and has served as Adviser
to the Vice Chief of the Australian Defence Force on Joint
Warfighting Lessons and Concepts.
Lieutenant General Kamal Davar (India) served as the first
Director General of the Defence Intelligence Agency of India.
A former Director-General, Mechanised Forces at Army
Headquarters, he has held a large number of high ranking
command posts in the Indian Army and served on the Indian
Military Training Team in Iraq.
Brigadier General Alain Lamballe (France) served in
the General Secretariat for National Defence as head of
the Southeast Asia and Europe sections as well as heading
the Central Liaison Mission for Assistance to Foreign
Forces. He is the former Director of the Department of
Security Cooperation of the OSCE Mission in Bosnia

and Herzegovina.
Colonel Richard Kemp (United Kingdom) was
Commander of British Forces in Afghanistan and has
served in Iraq, the Balkans, South Asia and Northern
Ireland. He has led the international terrorism team at
the UKs Joint Intelligence Committee and served as
chairman of the strategic intelligence group for COBRA,
the UK national crisis management committee.
Colonel Vincent Alcazar (United States) served as a fighter
pilot in Operations Desert Storm and Southern Watch as well
as various other post 9/11 theatres. He subsequently served in
strategic roles at the Pentagon, the U.S. Defense Intelligence
Agency and at the U.S. embassy, Baghdad, Iraq.
Colonel Eduardo Ramirez (Colombia) is an Advisor
to the Congress of Colombia who served with the
Colombian National Police from 1987 until 2013. He was
formerly the Chief of Security Staff for President Uribe
of Colombia, as well as Chief of Section at the Judicial
and Criminal Directory of the National Police.
Ambassador Pierre-Richard Prosper (United States) was
Ambassador-at-large in charge of the US Secretary of States
Office of War Crimes Issues. A former Presidential envoy and
adviser to the National Security Council he was previously a
war crimes prosecutor for the United Nations International
Criminal Tribunal for Rwanda.
Rafael L. Bardaj is the Executive Director of the Friends
of Israel Initiative and National Security Advisor to Former
President, Jos Mara Aznar. He formerly served in the
Government of Spain as the National Security Adviser and in
leadership positions in the Ministry of Defence.
Davis Lewin is the Rapporteur of the High Level Military
Group. He is the Deputy Director and Head of Policy and
Research at The Henry Jackson Society, a London based
Foreign and Defence Policy think tank.
Joseph Raskas is a Research Assistant for The Friends of
Israel Initiative and a Fellow at The Public Interest Fellowship.
FOREWORD
The essence of warfare has not changed since its earliest occurrence: it still is a contest of wills. Nonetheless, the
way war is conducted has evolved dramatically on account of myrriad factors, be they new technology and the rise
of irregular combatants, developments on land, in the air and sea to the cyber domain, and from rocket and drone
warfare to the impact of the Internet and social media. Todays battlefield has become truly multidimensional,
densely populated, blurred in distinction between combatants and civilians, and exposed to the public 24/7 in real
time. Tactical decisions have to be made in an environment more complex than ever before. Strategic decisions
must take into consideration the realities on the battlefield as well as those around it, such as the sentiments on the
airwaves, on Twitter and in international organisations.
Last year the Friends of Israel Initiative organised a group of professionally distinguished and respected high-profile
military officers, the High level Military group (HLMG), to assess Operation Protective Edge conducted by the
Israeli Defense Forces against Hamas in Gaza in 2014. The conclusions of the first HLMG report can be found on
its web site (http://www.high-level-military-group.org).
In conducting that work, the HLMG members felt from the outset that no single military operation can be
appropriately judged unless it is placed in the full context of current operations worldwide. The Law of Armed
Conflict exists in principle, but an accurate professional and legal assessment requires an understanding of how
these rules are effectively applied by other military forces defending liberal democracies in different parts of the
globe.
The report at hand is the result of this conclusion by the group. FoII commissioned several experts to study specific
military operations conducted by their respective nations to furnish the HLMG with a set of analyses that can help
situate their broader conclusions in the first report in appropriate relative terms. The studies you are about to read
are important in themselves since they illuminate trends and generic lessons that are applicable to modern conflicts
today. But they are also relevant since their variety in time, location, types of forces and enemies, serve as the realworld context where military operations must be conceived and executed.
There will be a third and final report in this series, with the strategic lessons to be learnt from the HLMG and the
experts who authored the case studies being presented here. Liberal democracies - the Western world - must adjust
to public perceptions about warfare and the conditions modern conflicts impose on us. Hopes for the eradication
of or conduct of a form of humanised war as set against the brutality shown by our enemies, offset by the ethical
behavior of our troops in the face of the systematic abuse of any and all norms of war by our opponents are a
challenge to our democracies. No doubt this second report is another contribution towards the goal of informing
our publics about the true scale of the challenge and equipping our leaders with the analysis to make the case.
Rafael L. Bardaj
Director, Friends of Israel Initiative
Abstract and Key

Conclusions
About This Study
The High Level Military Group (HLMG) aims to add a professional military and legal element to debates about
warfare in the 21st Century. Its primary mandate is to explore the implications for democratic nations of warfare
against enemies who have a total disregard for life and law, but who actively exploit our own nations adherence
to the rule of law for strategic and tactical gain. HLMG members formed the view that an accurate professional
and legal assessment requires an understanding of how these rules are effectively applied by law-abiding military
forces defending liberal democracies against such enemies in different parts of the globe, so as to be able to judge
performance appropriately in context, informed by real-world practices and dilemmas.
A number of HLMG members nominated relevant experts who were tasked with furnishing a set of analyses to help
situate these challenges in the context of contemporary experience across the globe. These studies are important
in themselves since they illuminate trends and generic lessons, but they are of particular interest cumulatively as a
comparative exercise. A specially commissioned methodology was applied to each case so as to ensure comparative
analysis can be sufficiently rigorous.
The report is a preliminary approach, focusing on eight case studies that will be supplemented by additional cases
already under consideration.
The operations examined for publication in this initial study are:

Operation Moshtarak, a joint offensive carried out by the International Security Assistance Force (ISAF),
consisting of American and British forces, and Afghan National Security Forces (ANSF) against the
Afghan Taliban in February 2010 in Helmand Province, Afghanistan.
The Second Lebanon War (2006 Israel-Lebanon Conflict), a conflict between the Israeli Defense Forces
(IDF) and Hizballah paramilitary forces which began on 12 July 2006 and continued until a UN-brokered
ceasefire went into effect on 14 August 2006.
Operation Al Fajr, a part of the larger American-led War in Iraq and consisted of a joint American,
British and Iraqi offensive against Sunni and Shia insurgent forces in Fallujah, Iraq, from 7 November
2004 23 December 2004.
Operation Serval, a French offensive lasting from January July 2013 and carried out against jihadist
forces operating in Mali and the Sahel region of Africa.
Operation Barkhane, an ongoing French counterterrorism operation which began in August 2014 and is
directed against jihadist forces across Mali and the Sahel region of Africa.
War Plan Espada de Honor I, a Colombian military offensive carried out between 2013 2014 and
directed against the Revolutionary Military Forces of Colombia-Peoples Army (FARC EP) in the Cauca
region of Colombia.
The Battle of Sadr City, Iraq, a part of the American-led second Gulf war in Iraq that includes Operation
Striker Denial and Operation Gold Wall, both of which were carried out by American and Iraqi forces
against Jaish al-Mahdi ( JAM) insurgents between 26 March 15 May 2008.
The United States drone campaign in Pakistan, which began in 2009 and remains an ongoing operation
carried out by American forces and agencies against members of Al Qaida, the Tehrik-i-Taliban Pakistan
(TTP) and the Haqqani Network, all of whom operate in the Federally Administered Tribal Areas (FATA)
of Pakistan.
Key Conclusions and Implications

A set of unambiguous trends emerge from the studies. Principally, these are:
The militaries of all of the democracies examined abide by the Law of Armed Conflict while all of the
enemies in the conflicts reviewed abuse these rules purposefully for battlefield gains. This is particularly
prominent in relation to making unlawful tactical and strategic gain through the abuse of civilians and
the special protections they are afforded. In many cases the enemy sees civilian deaths as a tactical
success. The result is that our militaries are confronted with an extraordinarily complex and challenging
battlefield, which requires some of the most difficult fighting troops can be tasked with.
All the militaries under examination go to immense lengths to mitigate this dynamic and avoid civilian
casualties while still completing their missions. Though some of the details and implementation are
unique to each specific military culture, there is a clear pattern of measures such as Rules of Engagement,
military directives, command and control involving the relevant military and civilian leadership and
general ethos to each of the missions examined, which represent unprecedented efforts to fight guided by
the moral values we hold dear against enemies whose brutality is often unbounded.
In many cases these measures employed to protect civilians go above the requirements of the Law of
Armed Conflict and the militaries under examination pay a grave tactical price on the battlefield for
them. Unquestionably, troops are exposed to greater danger, and indeed die, as a result of the care
taken to fight according to our laws and values. There are concerns over the extent of these mitigating
measures and the levels of risk they impose on our troops raised in several theatres examined.
In addition, all of the democracies militaries had in place significant humanitarian efforts alongside their
war effort during and following the conflicts examined as well as clear, accountable oversight of their
forces, through military and civilian judicial systems that take effect where forces fail to adhere to the
high professional standards expected and displayed in the case studies. Enemies across the board commit
grave humanitarian violations and are unaccountable.
The studies consistently make plain the overwhelming impact of political and social narratives as reflected
through the media, political and international institutions and indeed through the lens of strategic
communications - more traditionally known as propaganda. Advances in communications technology
have had a major impact on the fight against irregular and terrorist adversaries, who remain relatively
weak militarily but often display an extraordinarily well developed ability to exploit communications
technology and the media in order to influence the battle over political narratives to real strategic effect.
A serious linked concern emerges over theses political and social narratives, in particular where
enemy messages meet receptive amplifiers in our own civic arenas from outright fabrications amplified
by social and mainstream media, to misguided or ill-informed political actors and institutions. This
7
includes misplaced narratives around the Law of Armed Conflict, broader human rights and indeed the
unwarranted pursuit of our troops through legal and political means post-conflict. The men and women
in uniform engaged in the type of warfare under examination are faced with increasing uncertainty
over whether our nations will stand behind them as they seek to defend us in the extraordinarily difficult
circumstances described in the case studies at hand.
It is clear that a greater level of sophistication is required in the analysis and strategic thought related to
this type of warfare with better efforts necessary among our own home fronts to make clear the parameters
and realities of these battles and the wider conflicts they are situated in. To have reached a point where
our enemies fight as described herein, yet our soldiers are placed in ever greater dangers while having to
worry ever more about their legitimate military actions, and our publics are unsure about the military,
strategic, political and above all moral realities and justice of our actions, suggests a growing crisis of
leadership in our democracies that we must urgently address in order to secure them for the 21st Century.
INTRODUCTORY ESSAY
THE CHALLENGE FOR DEMOCRACIES

LAW ABIDING MILITARIES IN THE FIGHT
AGAINST ADVERSARIES WITH NO REGARD
FOR LIFE OR LAW
1 Background
1.1 About the High Level Military Group (HLMG)
The High Level Military Group was formed in early 2015 with the aim of adding a professional military and legal
element to debates about warfare in the 21st Century, which at times have been ill-informed and politicised, and
which are of vital importance to our own armies and alliance partners.
The HLMG seeks to explore the implications for Western warfare of fighting enemies who have a total disregard
for the law, including the Law of Armed Conflict (LOAC), but who actively exploit our own nations adherence to
the rule of law for their gain. A primary concern for HLMG members is the emergence of a new strategic threat
in the form of Lawfare, the abuse of international norms and procedures and the judicialisation of international
institutions to attain strategic goals that cannot be achieved by political and military means. This and related
dynamics have become a common feature of the current conflicts our armies are tasked with winning, evolving into
a new weapon in the hands of our enemies who seek to constrain and limit the ability of Western armies to pursue
our national security interests.
1.2 Background and Parameters of this Study

Given the stakes - life, death, security, power and prosperity - in warfare, and the evident security challenges
democratic governments have been forced to confront at the dawn of the 21st Century, it is unsurprising that a
large and growing body of thought has been devoted to the nature of war - and how to win it - in the current era.
Principally, while scholars disagree on certain fundamentals and indeed on the extent of the changes in the nature
of war and questions of security - and even on how to describe this new type of warfare and the irregular forces
in it - certain tenets appear to hold. It is clear that war is changing and that the prevalence of conflicts containing
conventional armies operating under a traditional structure engaged in combat governed by legal regimes, pitted
against irregular forces, often deploying elements of an army structure alongside terrorist tactics and the active
abuse of the legal regimes governing war for advantage, marks a major change in warfare today. This holds true
despite a recognition that such conflicts have been a feature of the international scene since ancient times. However,
what is undoubtedly new is the nature of the global media and its effect on the political narratives around warfare,
which have become an extraordinarily potent factor in these conflicts today.
It is this last point, of potent and at times ill-informed political narratives, that the work of the HLMG seeks to
address, by making a contribution on the basis of real-world political, legal and battlefield experience. The aim
of this study is to provide a professional voice offering clarity on the conditions and constraints that the type of
warfare our democracies armies and security forces are now engaged in imposes on them. Academic debates about
so-called fourth-generation warfare and the history of insurgency are important but at times fail to keep up with
and reflect the impact on the ground on actual operations of this already substantial and growing challenge for our
militaries. Valid arguments about continuity aside, we must also be facing a new reality when our troops go to war
against some of the most brutal enemies weve seen since the Second World War, dropping leaflets on them to warn
them they are coming.
The study at hand is a preliminary approach to be expanded upon with further case studies and commentary on
other aspects of this challenge. It consists of eight case studies written by military and academic experts and is unique
in that it has sought for the first time to create a methodological framework to comparatively examine cases where
military and security operations fit the basic framework corresponding to the HLMGs primary concern - namely
conflicts where one side is a traditional military force fighting under the rule of law and the other an irregular force
employing hybrid methods including terrorism, with no regard for life or law (see Methodology section below).
Though there are methodological challenges as well as restrictions in terms of availability of information in some
of the cases, it nevertheless has been possible to produce a document that highlights clear comparative trends and
enables observations that significantly illuminate the challenge that our armies and security forces face.
1.3 The Law of Armed Conflict (LOAC)

The customary and treaty laws and principles applicable to the conduct of armed conflict in international law that
make up the Law of Armed Conflict (LOAC) are a bedrock of democratic civilisation, deeply rooted in history and
developed over centuries. This important body of law aims to mitigate the human cost and impact of warfare by
setting forth a set of principled understandings for its conduct. At bottom, LOAC requires belligerents to desist from
deploying any degree of force not necessary for military purposes, and mandates the conduct of hostilities with
appropriate respect for innocent human life. More specifically, the jus in bello principles of LOAC regulate the
application of military force, with proportionality and distinction being key pillars of military rules of engagement
(ROE). The former requires an adversary to ensure that anticipated collateral damage in any lawful attack does
not outweigh the military advantage expected from the action. The latter is the requirement that a belligerent in a
conflict distinguish between civilians and combatants - both the enemys and their own.
It is crucial to note here that the legality of any military action has to be measured on the full spectrum of contextual
understanding existent at the time of decision making and cannot be judged retrospectively, on effect. It is thus not
possible to discern whether specific actions or military campaigns were compliant with LOAC or not on the basis of
television images of destruction or assertions made on the basis of an incomplete picture of the military context to
an action. Nor can adherence to the principle of proportionality be determined by considering the relative casualty
figures between belligerents in a conflict. A significant level of military and applicable legal expertise is required in
order to accurately asses battlefield actions under these parameters - which are frequently discussed in ill-informed,
misguided and at times flatly wrong terms in the public debates of our nations.
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2. Key Findings
2.1 Abuse of the Law of Armed Conflict for Strategic and Tactical Gain is Ubiquitous among our
Enemies
A significant feature of the challenge from the terrorist and guerrilla forces our militaries confront is their unlawful
exploitation of the protections of LOAC for strategic and tactical gain. Throughout the case studies we see a pattern
of blatant, wilful abuse of LOAC. Often forces do not just ignore the principle of distinction, but purposefully deploy
among civilians, in many cases forcing them to stay and serve as human shields for their military activity. This has
the double advantage to our enemies of affording them the protections imposed on our militaries by adherence to
LOAC, and, where LOAC permits attack with the risk of proportional collateral damage, the encouragement and
subsequent misrepresentation of civilian casualties for the purposes of propaganda against our forces and countries
actions. These abuses pose one of the greatest challenges of this mode of warfare for our militaries - where there
is no clarity about who the enemy is and the stakes for public opinion are immense, making mistakes potentially
disastrous to a military campaign.
Grave examples abound. During Operation Moshtarak in Afghanistan, Taliban forces in civilian clothing would
famously fire from compounds in which women and children were hiding, and then walk unarmed to another
compound to resume fire, posing a serious challenge in determining legitimate military targets and distinguishing
these from civilians. This remains a serious problem for the ongoing U.S. drone campaign against the Taliban
in Pakistans Federally Administered Tribal Areas (FATA) where local civilians have reported Taliban members
demanding that residents provide shelter for their men and then force the civilians to remain among them in order
to deter attacks, using them as human shields.
Similarly during Operation Al Fajr in Iraq, insurgents used civilian infrastructure for military purposes, both to
afford their actions some protection from attack and to gain propaganda advantages by provoking attacks on
protected buildings such as hospitals and places of worship. For example, of the 140 mosques in Fallujah, 66 were
used as weapons stores, while three medical clinics were used by enemy forces to fire on Coalition forces. French
forces fighting Al Qaeda in the Islamic Maghreb (AQIM) and other jihadists in the Sahel region equally found that
their adversaries often hid weapons in schools and other public structures believing that these forces would not be
willing to search or attack such locations due to the restrictions of LOAC. Like the Taliban in Afghanistan, AQIM
fighters intentionally dressed like local citizens in order to blend in with the population, whom they intimidated into
supporting their cause.
Al Qaeda additionally added the spectre in Africa of Western armies being faced with child soldiers, something
the terrorist organisation shares with the FARC insurgents fighting against the Colombian Army, who had been
recruiting children under the age of 15 for a fight that saw the utilisation of many of the hallmark tactics of this type
of warfare, including the embedding among local communities and dressing in civilian clothes. Equally, Hizballah
in its 2006 conflict with Israel fired its rockets from among the civilian population in Lebanon whom it also abused
to store weapons and ammunition - all the while firing at the civilian infrastructure of Israel. Hizballah today
maintains a massive arsenal of rockets posing a serious threat to Israel, stored among Lebanese civilians.
2.2 Our Militaries Adhere to and Often Exceed the Stipulations of the Law of Armed Conflict at
significant Strategic and Tactical Cost
In every case studied for this report national militaries adhered to LOAC while their adversaries did not. Confronted
with enemies whose tactics encourage civilian deaths, many of the military forces examined took additional
measures to reduce the chances of civilian casualties, beyond the requirements of LOAC. In stark opposition
to enemies whose entire strategy rests on grave violations of the laws governing warfare, the democratic nations
militaries under review not only sought to mitigate this, in some cases at significant cost to their effectiveness, but
have processes to ensure accountability against violations which are overseen in the last instance by the democratic
judicial authorities of their respective nations.
It is important to fully appreciate the significance of this dynamic for our forces faced with the type of enemy and
warfare under review here. The demands on endurance and serious psychological strains of the responsibility that
11
the kind of combat involved in these mission places

on soldiers are extreme. The nature of the fighting
described in the case studies is extraordinarily difficult
for democratic militaries troops, requiring snap
judgments in hugely complex situations, often under
acute threat to their own lives. Urban warfare against
a force that actively encourages civilian deaths makes
immense demands on troops that can only partially be
mitigated by training and investment in intelligence.
Often senior commanders would impose additional
restrictions on their militaries, seeking to deny the
enemy the propaganda coups of the results of lawful
attacks and imposing further risk on their own troops
as a result of being forced to fight the enemy while also
protecting their innocent civilians.
Human rights groups and

NGOs give credence to
narratives that are more
reflective of our adversaries
propaganda than the reality
of our nations military
actions.
For example, General McChrystals tactical directive in place during Operation Moshtarak, which went beyond
the ROEs in effect then, limited close air support, air-to-ground munitions and indirect fire near residential areas,
prohibited ISAF forces from carrying out searches within an Afghan domicile without the presence and participation
of indigenous troops; and outlawed attacking insurgents in any historical or religious sites, including mosques, unless
ISAF forces were under direct attack and needed to take such action in self-defence. Similarly, French forces taking
part in Operations Serval and Barkhane in Africa had limits as to the type of munitions that could be used imposed
by their commanders, such as helicopter support only coming in the form of gunfire, and restrictions on when and
where troops could engage the enemy in addition to special protocols for dealing with child soldiers. Israel too
instigated a strict set of rules outlining how to engage enemy combatants without risking civilian casualties during
its 2006 conflict with Hizballah, further setting up a special task force dedicated to its efforts of isolating civilians
from the battle areas and its extensive protocol of precautions and early warnings.
Often these rules would lead to complaints over the increased danger they posed to democratic nations troops.
U.S. forces in Afghanistan complained that the additional directives governing the use of force during Operation
Moshtarak often hindered their effectiveness even when acting in self-defense. Not only did the restrictive practices
in place at times, such as only firing when fired upon, lead to additional Coalition casualties, but instances where
ground troops were denied air support while pinned down under fire on account of pilots concern over potentially
severe disciplinary action if their actions lead to civilian casualties are testament to the strain these precautions put
the military under. Similarly, during Operation Fajr troops also expressed frustration with the availability of air
support and the approval requirements for targeting authorisations.
U.S. Marines in Fallujah, for example, reported that there were over 200 requests for airstrikes with fewer than
twenty approved by commanders. Moreover, the approval process often contained numerous authorisations
ranging from the commander of Coalition troops in Fallujah to more senior civilian and military leadership located
far away from the battlefield. These requirements resulted in long delays for ground troops seeking air support,
often endangering troops on the battlefield. In Israel criticism of the restrictive precautions and resultant dangers
the Israel Defense Forces face is a constant feature of debate, and following the 2006 war with Hizballah, Israels
strategy was heavily criticised in internal debates as overly gradual if not outright hesitant, in part on account of the
dangers Israels leadership perceived to civilians on both sides on account of Hizballah tactics.
Further, a crucial factor in the regimes governing their actions were the advance warnings to the civilian population
that many of the militaries under examination implemented. Not only do these violate one of the most fundamental
tenets of winning wars - giving up the tactical initiative of choosing the time and place of an assault to cause the
enemy maximum surprise and difficulty - but they also often exceed the requirements of LOAC. Conversely,
where enemy forces do not hold the civilian population hostage as human shields, these tactics can save significant
numbers of lives, even among those who under LOAC could be legitimately put at risk.
In the lead up to Operation Moshtarak American and British forces dropped leaflets that listed the known Taliban
commanders in the area, urged fighters to flee or be killed and issued radio broadcasts to inform the public of their
militaries while in the war against Hizballah, Israeli commanders assigned the IDFs Northern Command to the
specific mission of warning the population of south Lebanon of impending military operations through various
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The challenge here should

not be underestimated.
Blending crude unlawful
military operations with
advances in communications
technology and activities
designed to influence
political narratives, our
adversaries have come
upon a potent formula that
has often led to serious
strategic setbacks for the
militaries in the case studies
examined here.
mediums, including leaflet drops, radio broadcasts

and direct contact with local leaders. Similarly,
leaflet drops and broadcast radio announcements
advising residents to evacuate and indicating why
certain groups and individuals were being targeted
were identified by U.S. Commanders as one of the
key successes of Operation Fajr where the Coalitions
effort to encourage civilians to leave Fallujah prior to
the start of combat dramatically reduced the danger to
the Iraqi population.
Where civilians are affected by fighting aimed at

irregular forces embedded among them, many of
the case studies show the democratic nations forces
working to mitigate their suffering during and after
these operations through humanitarian aid and
reconstruction efforts. In Fallujah in the aftermath of
Operation Fajr, Coalition forces provided treatment
for civilians and wounded enemy combatants
and instigated a protocol whereby when civilian
infrastructure was damaged, a local contractor and
civil affairs personnel would begin reconstruction
within 24-48 hours. The Colombian military equally
undertook significant humanitarian measures to aid
the local population, fast tracking projects focused on
basic sanitation and critical infrastructure such as roads
and bridges. During the war with Hizballah, Israel set up a dedicated operations room to coordinate aid efforts as
well as land and sea humanitarian corridors to ensure the delivery of vital aid to Lebanese civilians affected by the
hostilities, going as far as broadcasting over local Arabic radio stations the locations of Israeli hospitals that would
provide free medical care to sick and wounded Lebanese civilians. French forces fighting AQIM also adhered to
additional directives over their ROEs that called for the maintenance of structures vital to economic and social life
and the provision of medical support to local residents in need.
Finally, every military examined for this study is accountable through an apparatus designed to ensure strict
adherence to the law and investigate and where appropriate prosecute troops that fail to live up to the expected
standards in the course of battle. The complex battlefield presented by the type of warfare under examination
here can and does lead to mistakes, which can be actionable when negligent, such as in the case of the officers who
faced severe disciplinary action following a mistake that killed a significant number of civilians when they mistook
their convoy for an enemy movement during operation Moshtarak. Often senior commanders will be in charge of
this accountability, such as in the case of Operation Fajir, where the Commander of Coalition Forces in Fallujah
was personally responsible for investigating allegations and reporting to his superiors within an hour of them
surfacing. These real-time accountability measures are overseen by the military and civilian justice apparatuses
of the respective democracies under examination, such as in the case of the Colombian Attorney Generals office
following War Plan Espada de Honor I against the FARC or Israels Winograd Commission, so called after the
name of the former Supreme Court judge at its head, appointed by the Israeli government to examine shortcomings
in the conflict with Hizballah.
2.3 The Challenge of Political and Social Narratives

Though the arguments over the extent of change or continuity in warfare can seem remote and academic when
considering the extremely dangerous, complex and challenging battlefield reality for democratic nations troops
described in this study, one factor is abundantly clear - the overwhelming impact of political and social narratives
as reflected through the media, political and international institutions and indeed through the lens of strategic
communications - more traditionally known as propaganda. Advances in communications technology have had
a major impact on the fight against irregular and terrorist adversaries, who remain relatively weak militarily but
often display an extraordinarily well developed ability to exploit communications technology and the media in
13
order to influence the battle over political narratives

to real strategic effect. Groups such as Hizballah
and Al Qaeda (and most prominently today Islamic
State, though it is not part of this study) have shown
a sophisticated understanding of the effect of their
communication on the political and social debates of
our nations and deploy this effectively.
The adversaries described

in these studies often utilise
a particularly gruesome
and nefarious playbook
that makes these battles so
difficult, not least since for
these adversaries military
defeat can be turned into
strategic victory.
The adversaries described in these studies often utilise

a particularly gruesome and nefarious playbook that
makes these battles so difficult, not least since for these
adversaries military defeat can be turned into strategic
victory. This strategy, as seen in Iraq, Afghanistan
and Lebanon, is premised on actively encouraging
civilian casualties. Fighters deliberately hide among
civilians and fire from civilian areas. Thus they are
able to exploit the protections afforded under LOAC
for strategic gain. But their broader aim is to invite civilian casualties that can occur even where troops operate
lawfully in such a context in order to then recycle these for propaganda efforts. Thus in Iraq, Afghanistan and
Lebanon for example, adversaries invite legitimate fire on the civilian and protected sites from which they operate
(thereby turning them into lawful military targets), and in turn accuse our nations troops of war crimes and the
deliberate targeting of civilians and holy sites.
This twisted inversion of reality is a hugely potent danger, widely recognised by military commanders and politicians.
Yet the narratives promoted by our enemies are a serious problem not just through their own potency but also on
account of political agendas - misguided in some cases, nefarious in others - that amplify the corrosive lies about
the actions of democratic nations militaries. As the case studies presented here show, these militaries for their
part have gone to unprecedented lengths to limit civilian casualties, even when doing so directly endangers the men
and women serving in their ranks. Yet lawful actions by professional military forces continue to be cast in an illinformed derogatory light, denounced for the legitimate actions against lawless adversaries whose propaganda all
too often finds a sympathetic audience in democratic nations.
The challenge here should not be underestimated. Blending crude unlawful military operations with advances in
communications technology and activities designed to influence political narratives, our adversaries have come
upon a potent formula that has often led to serious strategic setbacks for the militaries in the case studies examined
here.
This is at times enabled by the regrettable reality that political actors in democratic nations and international
institutions such as the United Nations, as well as human rights groups and NGOs give credence to narratives that
are more reflective of our adversaries propaganda than the reality of our nations military actions. Partially this is
a reflection of a lack of expertise and sophistication in the analysis of events, given the significant military and legal
understanding, as well as operational experience, required to fully assess the situations our troops find themselves
in, as the case studies here make plain. But partly it is the failure to be fully cognisant of the grave dangers of
the threats we face, and the remarkable sophistication of our adversaries who match heinous unlawful battlefield
practices with serious media savvy and political sophistication.
3. Implications
The case studies under examination in this paper make clear that our militaries are faced with a new threat,
whatever the continuity in the realities of warfare today. Thus, the sophisticated political-influencing strategies
of our adversaries mean that while they fight with no regard for the Law of Armed Conflict, abusing it for gain,
our troops are hamstrung and placed in greater danger by strategies that seek to mitigate this threat and deny our
enemies these strategic victories - that oftentimes these adversaries have been able to snatch even from the jaws of
military defeat.
14
The problem of political narratives is a serious one in this context. Not only have we seen the effectiveness of
enemy propaganda at play, but certain enablers in our own ranks have added to the problem. A prominent
example relevant to the case studies at hand are the continued legal threats against British troops who fought in
Iraq. Coming against the backdrop of the travesty that was the Al-Sweady inquiry - in which British troops spent
a decade under a cloud of spurious allegations of abuses during active service in Iraq that were proven to be wholly
unfounded and indeed fuelled in part by enemy propaganda - troops engaged in this type of warfare today are
faced with increasing uncertainty over whether our nations will stand behind them as they seek to defend us in the
extraordinarily difficult circumstances described in the case studies at hand. Nefarious narratives - from outright
fabrications by enemies amplified by the media, to misguided or ill-informed political actors - are a problem that
must be addressed in the first instance by better efforts among our own home fronts to make clear the parameters
and realities of these battles and the wider conflicts they are situated in.
As the true extent of the challenge has become clearer, and the political and military leaders in democratic nations
are faced with a long-term fight against the types of adversaries described in these case studies, some important
principles emerge. It is clear that a greater level of sophistication is required in the analysis and strategic thought
related to this type of warfare. To have reached a point where our enemies fight as described herein, yet our soldiers
are placed in ever greater dangers while having to worry ever more about their legitimate military actions, and
our publics are unsure about the military, strategic, political and above all moral realities and justice of our actions
suggests a growing crisis of leadership in our democracies that we must urgently address in order to secure them
for the 21st Century.
15
A Note On Methodology
Methodology
The report at hand constitutes an exercise in seeking to better explore the implications of the decline of conventional
warfare and rise of asymmetric conflicts, in particular as related to the implications of the growing involvement of
civilians in active hostilities. It is intended to be a work of empirical, qualitative comparative research on which
future work can build. As such, a sound methodology ensuring that all the cases in the evaluation set are examined
and evaluated using the same criteria and under the same guidelines is essential. Building on the work of an extensive
methodology developed for this project by Maj Gen (ret) Eiland, the Case Study authors were asked to adhere as
closely as possible to the system devised to make comparative analysis sufficiently rigorous. Naturally a significant
number of obstacles remain in comparing different scenarios. But the methodology used - a a brief excerpt from
which follows below - has enabled the work to draw on a common structure and baseline for assessment that holds
throughout each of the cases examined in this report.
Scope and Definitions

The case studies have been designed to focus on the conduct of hostilities in the course of defined battles or clashes
that rise to the level of armed conflicts. The relevant armed conflicts are those that take place between one or more
states on one side, and one or more non-state actors on the other side. They must meet a certain level of intensity,
continue for at least one week, and implicate civilian populated areas. In order to ensure relevancy of the material,
examined cases are limited to armed conflicts that began after January 1, 2000.
Below is a condensed excerpt from the schematic authors were asked to follow. The full methodology is a detailed
30 page highly detailed document, meaning the items listed were further divided into sub-categories with a set
of assumptions and stipulations for researchers to follow. Topics do not have to necessarily be in order, nor is it
expected that the level of available information will match across topics and cases.
The basic structure of the research examines the following parameters:
1. Background / Context
1) Duration
2) Intensity
3) Terrain
4) Population (Demographics, Allegiances)
5) Urgency (Necessity and Risk Level)
6) Historical / political context
7) Immediate cause(s) of the conflict
2. Enemy
1) Pre-conflict
Ideology and motivation, goals and objectives, strategy, ROIs and relation of activity to civilian population
2) During conflict
Capabilities, Conduct
16
3. Military
1) Pre-conflict
Goals, objectives, strategy, tactics, Rules of Engagement, relationship to host government (if applicable)
2) During conflict
Capabilities, procedures (conduct), use of force / choice of weapons / target definitions, proportionality,
professionalism of forces, precautions, humanitarian efforts (conduct), investigatory mechanisms
4. Outcomes
1) Casualties, economic impact, military / enemy objective accomplishment
While this excerpt is an appropriate snapshot of the methodological guidelines utilised in the case studies,
the full framework is a work of significant detail and sophistication that will guide the work that builds on
the research contained in the case studies that follow.
17
CASE
STUDIES
18
Case Study Author Biographies

Colonel Richard Kemp CBE (ret.) was Commander
of British Forces in Afghanistan and has served in Iraq,
the Balkans, South Asia and Northern Ireland. He
has led the international terrorism team at the UKs
Joint Intelligence Committee and served as chairman
of the strategic intelligence group for COBRA, the UK
national crisis management committee.
Jasper Reid is a British analyst specializing in politics,
defense and international security.
Major General Giora Eiland (ret.) served as Head
of the National Security Council of Israel, an office
he held following a distinguished career in the Israel
Defense Forces, including as Head of Planning Branch
and Head of Operational Branch.
Professor Gary Hogan is a senior advisor at KPMG
and a former Professor of Grand Strategy at the US
National Defense University Industrial College of the
Armed Forces. Garys career in the Australian Army
spanned more than 30 years.
Colombia. He has served as Colombias deputy

minister of National Defense, member of the Joint
Intelligence Board ( JIC) and the Executive Body of the
South American Defense Council.
Colonel Vincent Alcazar (ret.) retired from the U.S.
Air Force in 2014 where he served in the Department
of Defense and the Defense Intelligence Agency as an
accredited diplomat and Air Attach assigned to
the U.S. embassy in Baghdad.
Case Studies Editor:

Andrew Ehrhardt is a doctoral candidate in
the War Studies Department at Kings College
London. His research focuses on Anglo-American
grand strategy in the early twentieth century.
Dr Bruno Tertrais is a Senior Research Fellow at the

Fondation pour la recherche stratgique. He was the
Special Assistant to the Director of Strategic Affairs at
the French Ministry of Defense between 1993-2001
and Director of the Civilian Affairs Committee at the
NATO Parliamentary Assembly between 1990-1992.
Professor Rafael Guarn Cotrino is a lawyer
and professor at the Universidad Libre in Bogota,
19
Operation Moshtarak
Helmand Province, Afghanistan
13 25 February 2010
Colonel Richard Kemp CBE

with Andrew Ehrhardt
Summary
Operation Moshtarak was joint ISAF and ANSF offensive carried out against the Taliban in February 2010 in
southern Helmand Province, Afghanistan. The operation began on 13 February and involved nearly 15,000
coalition troops fighting against an estimated 400-plus Taliban insurgents. The coalition forces secured a swift
victory and by 25 February had achieved their objective of consolidating control over the Nad Ali District and
the town of Marjah. Approximately 100 Taliban insurgents were killed by ISAF and ANSF forces who, combined,
suffered over 65 fatalities. During the twelve-day operation, there were 46 confirmed civilian casualties caused by
ISAF and ANSF forces. The number of civilians killed as a result of Taliban actions remains unknown but various
independent reports put this total number in the hundreds.
This study has examined the prior rules of engagement and subsequent conduct of both ISAF forces and Taliban
insurgents during the first twelve days of Operation Moshtarak. Our findings conclude that ISAF forces adhered
to unprecedented and highly restrictive rules of engagement which resulted in fewer civilian casualties but also
made ISAF ground forces more vulnerable to enemy attacks. Furthermore, the study finds that Taliban insurgents
operated with complete disregard for international laws governing the use of force in combat and were responsible
for hundreds of civilian casualties which were never acknowledged or investigated.
Overview
Operation Moshtarak was a NATO International Security Assistance Force (ISAF) and Afghan National Security
Force (ANSF) offensive against the Taliban in Helmand Province, Afghanistan in February 2010. The operation
took place in the Nad Ali district of Helmand and involved over 15,000 ISAF and Afghan forces. The combat phase
of the operation began in the pre-dawn hours of 13 February and lasted until 25 February when the majority of
Taliban insurgents were cleared from the Nad Ali district and the town of Marjah.1
1 The exact date in which the most significant period of combat ended is disputed as isolated and sporadic attacks continued for months after the operation
20
Historical Context
By February 2010, the United States and some of its allies had been in Afghanistan almost eight and a half years.
The lack of progress coupled with the steep rise in the number of civilian casualties had become a major source of
tension between President Barack Obamas administration and the Afghan government under President Hamid
Karzai.2 There was a growing realization among legislators and policymakers in Washington that the overall strategy
in Afghanistan was not achieving its intended aims. During discussions in 2009 over future NATO operations in
Afghanistan, military commanders made it clear that the town of Marjah needed to be won in order to first gain
control over Helmand Province and then Kandahar Province, the latter considered to be the logistical center and
spiritual home of the Taliban insurgency.
Urgency
For the western militaries involved, namely the United States and Great Britain, the Taliban did not pose a direct
existential threat to their states. But the Taliban, when in control of Afghanistan from 1996 - 2001, had aided and
abetted international jihadist groups whose intentions and actions included attacks against western nations, most
notably 9/11.3 The activities of groups such as Al Qaida posed a direct terrorist threat to Western nations, especially
the United States and United Kingdom. Although Operation Moshtarak was not an operation carried out for the
immediate self-preservation of the US or UK, it was urgent as it pertained to the success of the war in Afghanistan
and the wider war on terrorism, as well as the survival of the Afghan National Government.
Intensity
Although the largest military operation since the war began in 2001, Operation Moshtarak was of relatively short
duration. British and Afghan forces in the north of the Nad Ali district faced little resistance, due to their shaping
operations in the months preceding the offensive which forced many Taliban fighters to flee and allowed ISAF and
ANSF forces to consolidate control over the area.
The U.S. Marines and Afghan forces charged with gaining control over the southern half of the district, including
the town of Marjah, faced a formidable force of Taliban insurgents. Although the most intense period of the conflict
lasted only a few days, several U.S. Marines reported that the insurgents who remained in Marjah were some of
the most well-trained fighters they had encountered during the conflict in Afghanistan.4 Because of the relative lack
of Taliban resistance faced by British and Afghan forces in the northern half of the Nad Ali district, this study will
focus mainly on the American and Afghan operations in the southern half of the district, primarily in the town of
Marjah.
Terrain
Helmand Provinces largest town, Marjah, is in the southern half of the Nad Ali district, 380 miles southwest of
Kabul and twenty-five miles southwest of the provincial capital, Lashkar Gah. For decades, Marjah has been a key
area of Helmand Province for its rich soil and agricultural potential.5 As the Taliban began to consolidate control
over Afghanistan in the mid-1990s, Marjah became the center of the insurgencys Helmand operations.
3
4
5
as ISAF and ANA forces began to implement their counterinsurgency strategy within the town. This report will mark the 25 of February as the end of initial
combat operations. On this date, the governor of Helmand Province, Gulab Mangal, presided over a flag raising ceremony in which the Afghan flag was
hoisted over the center of Marjah. Over 700 residents attended. See Shah, As Fighting Eases, Afghans Plant Flag and Their Hopes in Marjah. New York
Times. 26 February 2010.
In August 2009, shortly after McChrystal took over, there was a NATO airstrike that killed up to 142 people, 100 of whom were civilians. The German NATO
commander was responding to the hijacking of two NATO fuel transports by the Taliban. The Taliban ended up abandoning these two trucks in a village
after telling civilian residents to claim the fuel. The NATO commander authorized the strike that killed hundreds. See Gall, p. 176; For Karzais anger towards
civilian casualties, see Chandrasekaran, p. 139
Compared to the direct threat that Hamas attacks posed to Israeli society, the Taliban did not pose the same threat to the US and UK.
Dressler, Taking and Holding Marjah, p. 5
Beginning in the 1950s, an extensive canal system had been developed by the U.S. Army Corps of Engineers nominally for irrigation purposes but also to
counter Soviet influence within the country.
21
Figure 1: With permission from

CSIS. In Dressler, Operation
Moshtarak: Taking and Holding
Marjah, p. 197
Why did they fight?

First, the operation was viewed as essential to the larger task of attacking the Taliban in their spiritual home and
base of operations in Kandahar Province to the east. Second, Marjah and Nad Ali were symbols of Taliban strength
in the region and ISAF forces sought to show their supremacy by attacking the insurgency at one of its strongest
points. Third, the widespread cultivation of opium poppies in Helmand Province was seen as the single largest
source of Taliban revenue; eradicating this cash crop was viewed as key to undermining the finances of the Taliban.
Fourth, Marjah and the Nad Ali district, with its large and relatively dense population, offered a good opportunity
for ISAF to launch its new population-centric counterinsurgency model.6
Civilian Population
The Nad Ali area90 square mileshad a population in February 2010 estimated at 75,000. The population of
Marjah and its surrounding villages was estimated to be under 50,000.7 Although heavily populated compared to
the rest of rural Afghanistan, Marjah can be more aptly described as a combination of several impoverished villages
connected by dirt roads.8 Most of the structures, compounds and homes in Marjah are without running water or
electricity.9
The majority of the population of Helmandand Marjah in particularis comprised of ethnic Pashtuns. Since its
founding, the Taliban consists primarily of individuals from the southern Pashtun population which also makes up
a large proportion of Kandahar Province, the region immediately east of Helmand Province.10
The population was receptive to Taliban forces which protected and encouraged opium poppy production, a crop that
yielded over twice the profit of wheat or corn harvests and brought some financial stability to local citizens.11 Marjah
was considered one of the most important narcotics centers in Helmand Province with upwards of 185 processing
factories, each of which was paying the Taliban an estimated $200,000 per month in taxes.12 Mid-March was a time
when roughly two-thirds of the Helmand poppy fields would be in bloom, which meant that ISAF and ANSF troops
were moving in to disrupt their livelihood during the most prosperous season for local farmers and villagers.13
Not only did many of the ethnic Pashtuns in Helmand Province connect on an ideological level with the Taliban, but
many viewed the Afghan national government as corrupt and ineffective. Two years before Operation Moshtarak,
the Afghan National Police, under the direction of Police Chief Abdul Rahman Jan, had occupied the town of
6
7
8
9
10
11
12
13
22
Cordesman, p. 196
Dressler, Preparing for the Battle of Marjah, p. 1
Cordesman, p. 194
Ibid, p. 194
Ibid, p. 195
West, p. 199
Cordesman, p. 194, from Dressler, Preparing for the Battle of Marjah, p. 1
Ibid, p. 207
Marjah and were known for corrupt practices and brutal repression, including summary executions of alleged
criminals.14 In many cases, this led to the population of Marjah and its surrounding areas preferring the Taliban
presence to that of the Afghan National Government.
Compared to the rest of Afghanistan, the residents of Helmand held greater antipathy towards ISAF forces.
According to polling conducted by ABC News in early February 2010, only 36 percent of the Helmand population
had a favorable view of American forces in their area, whereas this was 78 percent for the rest of Afghanistan. Only
27 percent of Helmand residents viewed the American and NATO forces as capable of providing adequate security
in the area, compared with 49 percent of those polled in the rest of the country.15 ISAF forces were attempting to
clear an area where the majority of civilians did not approve of their presence.
Afghan Taliban
Ideology and motivation
The Taliban is an Islamist fundamentalist group that ruled Afghanistan from 1996 2001. The group is made up of
primarily ethnic Pashtuns (the word taliban is Pashto for students) and was first organized among the mujahideen
fighting the Soviets during their occupation of Afghanistan (1979-1989).16 After the withdrawal of Soviet forces
in 1989, a power struggle began among the various mujahideen groups in Afghanistan. By September 1996, the
Taliban had first consolidated control over Kandahar Province and then Kabul where President Burhanuddin
Rabbani was overthrown. Rabbani, an ethnic Tajik, had been viewed as hostile towards the Pashtun majority who
make up an estimated 42% of Afghanistans 32 million people.17
Once in control of Afghanistan, the Taliban implemented harsh laws based on the Pashtuns pre-Islamic tribal
codes as well as strict interpretations of Sharia law.18 These practices drew human rights criticism from international
bodies such as the United Nations, and the Talibans close relationship with Al Qaida triggered international
sanctions from 1999. From its inception, the Taliban was primarily focused on domestic as opposed to international
issues. But the Al Qaida attacks on 11 September 2001, directed from Afghanistan, directly implicated the Taliban
who were harboring Al Qaida members, including their leader Osama Bin Laden, and refused to surrender them.
Objectives
In terms of Operation Moshtarak, the primary goal of the Taliban in this conflict was to maintain control of the
Nad Ali district and in particular, the town of Marjah which served as a logistical hub for their military, political
and economic activities in Helmand Province.
Strategy to achieve these objectives

Far from confronting ISAF directly, the Taliban were focused on the survival of their forces. In the eight-plus years
that they had been fighting ISAF forces in Afghanistan, Taliban commanders and fighters constantly faced ISAF
forces superior in numbers, weapons and training. The Taliban understood ISAF intentions to gain control of the
Nad Ali district and the town of Marjah since the ISAF shaping operations began in summer 2009.19 The Taliban
recognized that they would never be able to overpower an ISAF force through conventional military means. Their
strategy was to survive and outlast their enemies, to slow the advance of ISAF forces and to eventually return to the
area once foreign troops had left.
14
15
16
17
18
19
Cordesman, p. 195
Ibid, p. 198; Langer, The Challenges of Marjah, ABC News, February 4, 2010
Laub, The Taliban in Afghanistan. CFR Backgrounder
World Population Review. Afghanistan Population 2015.
Laub, The Taliban in Afghanistan. CFR Backgrounder
These shaping operations will be discussed in detail later in the report, but they involved ISAF and Afghan forces gaining
control of the area around the Nad-Ali district and Marjah in the weeks and months before the launch of Operation Moshtarak.
23
Tactics included the withdrawal of many commanders and fighters before the fighting even began; extensive
deployment of roadside bombs and IEDs to slow the advance and inflict casualties on ISAF and Afghan forces;
and a program of harsh intimidation against residents of the district to influence their allegiance in the weeks and
months after the offensive.
Rules of Engagement
The Taliban leadership implemented a set of directives or code of conduct specifying how fighters were to operate
on the battlefield and within Afghan communities. The only evidence of this was a rules and regulations booklet
dated May 2009 seized by US forces in July 2009.20 Some of the rules of engagement permit actions in direct
violation of International Humanitarian Law and the Geneva Conventions.21 For example, in the section regarding
prisoners of war, the rulebook reads: If the Mujahidin take people hostage and they cannot take them to their place
for any reason and the hostages are infidel fighters or they are government workers, then the Mujahidin have the
right to kill them.22
The report on Afghan civilian protection in 2010 by the UN Assistance Mission in Afghanistan (UNAMA) confirms
that the Taliban are bound by customary international humanitarian law, Common Article 3 of the 1949 Geneva
Conventions and the Second Additional Protocol to the Geneva Conventions. This report asserts that the Taliban
have the same obligations as States to limit the risks that conflict imposes on civilians, to protect civilians not
engaged in hostilities and to refrain from targeting and attacking civilians and civilian objects.23
Additional reports by UNAMA in 2011 found that although the Taliban spoke of their desire to avoid civilian
casualties, this did not translate into substantive improvements or investigations into alleged violations by Taliban
commanders.24 Pressure plated IEDs, for instance, continued to be used by the Taliban that, according to a UN
report, disproportionately harmed civilians as opposed to ISAF forces.25 In addition, Taliban insurgents engaged in
systematic intimidation of the local population through threats, beatings and assassinations of residents thought to
be complying with coalition forces.26
Relation to population
As noted earlier in this study, the Taliban insurgency was comprised primarily of ethnic Pashtuns, which made up
the majority of the residents in the Nad Ali district. Many were wary of the central government in Afghanistan and
viewed the Taliban, with their strict laws and encouragement of opium cultivation, as a stabilizing and beneficial
presence in the region.
Crawford, p. 110, from Dexter Filkins, 09 Deadliest Year for Afghans, U.N. Says, NYT, 14 January 2010, p. A6; for Taliban
publication, see Afghanistan Islamic Emirate Rules and Regulations for Mujahidin Pashto
21 Clark, Calling the Taliban to Account. Foreign Policy Magazine. 6 July 2011.
22 Afghanistan Islamic Emirate Rules and Regulations for Mujahidin Pashto, May 2009, Section 2.10
23 UNAMA and AIHRC report, p. 1
24 Ibid, p. 6
25 Ibid, p. 3
26 CSIS, p. 207
20
24
Conduct During Conflict

By the start of Operation Moshtarak, it was estimated that nearly 1,000 Taliban insurgents remained in the area.27
The insurgents were known to have stored a large amount of munitions in the town and were able to recruit and
train their forces in the surrounding area. Taliban weaponry consisted of mostly small arms, mortars and shoulderfired rockets. The insurgents primary tactics included IEDs, ambushes, hit and run attacks and sniper attacks.28
The area in and around Marjah was heavily mined by Taliban insurgents which made for very slow movement by
ISAF forces and limited the movement of people who wished to flee the fighting.29 Given the extended preparation
the Taliban were afforded by the shaping operations that took place in the run up to Operation Moshtarak, the
large number of roadside bombs and mines became a major hindrance for ISAF and ANSF forces.30 For example,
in the first days of the operation, the U.S. Marines of Charlie Companys Second Platoon came across an estimated
seventy bombs placed in a ten-foot high wall surrounding a compound near the center of Marjah.31
During the operation, the Taliban sought to blend in with the population, a common tactic among insurgents
in Afghanistan intended to facilitate escape from the area of combat and to launch surprise attacks against ISAF
troops.32 There were instances of insurgents, under the guise of local farmers, taking up rifles and firing several
rounds towards ISAF troops in the distance and then placing the gun down and walking out in the open, unarmed,
to see if they had hit anyone.33 There were also reported instances of insurgents firing weapons from one location,
dropping them and running, unarmed, to another location and then picking up weapons to fire at ISAF forces.34
This type of warfare exploited the blurred lines between the Taliban and local civilians. When hiding behind a mud
brick wall and firing shots at ISAF troops, the man was an enemy combatant; but when laying down his weapon
and taking up the appearance and actions of a local farmer in order to escape, assess his damage or scout future
targets, he appeared to ISAF and ANSF forces to be a civilian and under International Humanitarian Law (IHL),
legally immune from being engaged by ISAF forces.
To the ISAF forces, it appeared as if the Taliban had up to date knowledge of the ISAF rules of engagement.35 Their
tactics incorporated factors that made it increasingly difficult for ISAF troops to employ lethal force that would
normally have been used in a combat situation.
For example, a Taliban insurgent would take up a firing position at the window of a house containing women,
children and male non-combatants. The insurgent would fire at ISAF forces. In normal combat those forces might
be expected to immediately return fire in self-defense and to destroy the enemy. However ISAF rules of engagement
prohibited them from doing so unless they could establish visual contact with the attacker and confirm there were
no civilians in close proximity.36 Unless that was the case, ISAF forces were limited to taking cover while the enemy
combatant fired on their position.
Both before and during the conflict, there was heavy intimidation of the local population by insurgents, including
assassinations and beatings of those considered to be cooperating with US forces.37
There were also reports of Taliban insurgents using civilians as human shields throughout the Battle of Marjah.38
On 18 February 2010, the Associated Press reported that Taliban fighters in Marjah were using civilians as human
shields during fights with US and Afghan forces. This tactic, the Associated Press noted, was part of a Taliban effort
Harding, Operation Moshtarak: first wave of offensive against Taliban stronghold begins. The Telegraph. 13 February 2010.
The number was actually closer to 400. See Dressler, Taking and Holding Marjah, p. 5
28 King, Laura. Marines in Marjah focus on sniper threat LA Times. 19 February 2010
29 Cordesman, p. 206; Chandrasekaran, p. 135
30 Ibid, p. 206
31 Chandrasekaran, p. 135
32 Cordesman, p. 206
33 West, pp. 196-199
34 Wonke, The Battle for Marjah.
35 Dressler, Taking and Holding Marjah, p. 5
36 West, pp. 205-206
37 UNAMA and AIHRC report, p. 46 and pp. 11-13
38 BBC News. Afghanistan Taliban using human shields general. 17 Feburary 2010
27
25
to exploit strict NATO rules against endangering innocent lives to impede the allied advance through the town.39
Commander of Afghan troops in Marjah, Brig. Gen. Mohiudin Ghori, stated that in some instances, women and
children had been forced to stand on a roof or in windows of buildings from which Taliban fighters were firing on
coalition troops.40 [The Taliban] are trying to get us to fire on them and kill the civilians.41
According to interviews conducted by the Afghanistan Independent Human Rights Commission (AIHRC) and the
United Nations Assistance Mission in Afghanistan (UNAMA), The main reason why so many civilians were killed
and injured in armed clashes was the Talibans routine use of civilians as human shields.42 In an account retold to
UNAMA and AIHRC investigators, a Marjah resident explained: The Taliban never use empty houses [to shoot
from] because they think that ISAF will bombard them. They do not even allow people to leave their houses. They
make people stay in the houses even though there is going to be a fight. When people complain that their family
members may die, the Taliban say, We will die and go to heavenThe people can only flee when the Taliban leave
the houses to join some engagement and are busy fighting.43
ISAF
Objectives, Strategy and Tactics
As well as being the largest offensive since the start of the Afghanistan campaign in October 2001, Operation
Moshtarak was the first major operation after President Obamas announcement on 1 Dec. 2009 that the United
States would be deploying an additional 30,000 troops to Afghanistan.44 It was also the first major operation to
incorporate General Stanley McChrystals population-centric COIN strategy which was intended to win over the
hearts and minds of the Afghan population as opposed to focusing primarily on the defeat of the enemy.45
In a memo to the American Secretary of Defense, Robert Gates, in June 2009, Gen. McChrystal asserted the
importance of avoiding civilian casualties, saying, Our strategy cannot be focused on seizing terrain or destroying
insurgent forces; our objective must be the population. In the struggle to gain the support of the people, every action
we take must enable this effortPreoccupied with protection of our own forces, we have operated in a manner
that distances usphysically and psychologicallyfrom the people we seek to protect. In addition we run the risk
of strategic defeat by pursuing tactical wins that cause civilian casualties or unnecessary collateral damage. The
insurgents cannot defeat us militarily; but we can defeat ourselves.46
With a new strategic direction set, Operation Moshtarak was to be the new model for future operations in
Afghanistan. The operation would incorporate two key pillars. First, the ANSF was to be responsible for a much
more active and significant role in the combat operations in order to prepare Afghan forces for their eventual
independent military responsibility.47 Second, the overall strategy was no longer solely focused on defeating and
driving out the enemy. Objectives included building up Afghan communities so that they might be able to function
on their own, free from Taliban influence and control. McChrystals government in a box approach was a plan to
clear out the enemy; hold the territory; bring in an Afghan provincial governor, ministers, and a police force; and
then eventually hand over the territory to the Afghan government and local population.48
Associated Press. Embattled Taliban rely on human shields against allied forces. 18 February 2010.
Dressler, Taking and Holding Marjah, p. 5; BBC News, Afghanistan Taliban using human shields general, 17 February
2010
41 BBC News. Afghanistan Taliban using human shields general. 17 February 2010
42 UNAMA and AIHRC report, p. 48
43 Ibid, p. 49
45 General McChrystal became the Commander of US and ISAF forces in Afghanistan on 10 June 2009.
46 McChrystal, Secretary of Defense Memorandum 26 June 2009, pp. 1.1-1.2; Gall, p. 174
47 The word Moshtarak is Dari for together and was used to invoke the image of western and Afghan forces fighting side-byside.
48 Farmer, Marines have won Marjah battle and now fight for hearts and minds. The Telegraph. 7 March 2010. The term
Government in a box referred to a plan to quickly install an Afghan government and police force once ISAF and ANSF forces
had cleared out the Taliban from Marjah. See Filkins, Afghan Offensive is new war model. New York Times. 12 February
2010.
39
40
26
Rules of Engagement
The current Standing Rules of Engagement (SROE) for US forces are published by the Chairman of the Joint
Chiefs of Staff and approved by the Secretary of Defense.49 The entirety of this document is classified as releasing
specific details regarding the rules of engagement would benefit enemy forces. Rules of engagement are based on
the Law of Armed Conflict, International Humanitarian Law and the Geneva Conventions.50 According to the
International Security Assistance Force spokesman during the operation, German Army Brig. Gen. Josef Blotz,
these laws describe the circumstances and limitations under which forces will begin or continue to engage in
combat.51
While the SROE remained unchanged from their most recent update in 2005, Gen. McChrystal implemented
tactical directives and strategic guidance which further regulated ISAF use of force during Operation Moshtarak.
McChrystals first tactical directive, issued in July 2009, was focused on limiting civilian casualties. This was
to be achieved by limiting close air support (CAS), air-to-ground munitions and indirect fire near residential
areas; forbidding ISAF forces from carrying out searches within an Afghan domicile without the presence and
participation of ANSF troops; and the outlawing of any ISAF forces firing upon any historical or religious sites,
including mosques, unless ISAF forces were under direct attack and needed to take such action in self-defense.52 In
addition to these basic guidelines, all searches of Afghan homes were to be conducted by Afghan forces and ISAF
forces were not permitted to fire at Taliban insurgents if it meant that civilians might be injured in the crossfire.53
We will not win based on the number of Taliban we kill, but instead on our ability to separate insurgents from
the center of gravitythe people. That means we must respect and protect the population from coercion and
violenceand operate in a manner which will win their support. This is different from conventional combat, and
how we operate will determine the outcome more than traditional measures, like capture of terrain or attrition
of enemy forces. We must avoid the trap of winning tactical victoriesbut suffering strategic defeatsby causing
civilian casualties or excessive damage and thus alienating the people.54
In August 2009, McChrystal also issued the ISAF Commanders Counterinsurgency (COIN) Guidance which
followed the same theme as his tactical directive in that it stressed the importance of not alienating the population
while fighting the Taliban. McChrystal admitted that a conventional approach to fighting the insurgents would not
be successful because of the simple fact that many of the insurgents hide themselves amongst the population, thus a
more conventional approach would result in high civilian casualties.55
Here McChrystal again reiterated the importance of avoiding civilian casualties during operations against the
Taliban. Large scale operations to kill or capture militants carry a significant risk of causing civilian casualties
and collateral damage. If civilians die in a firefight, it does not matter who shot themwe still failed to protect
them from harm. Destroying a home or property jeopardizes the livelihood of an entire familyand creates more
insurgents. We sow the seeds of our own demise.56
Warnings to the Population

In early February 2010, U.S. commanders acknowledged that the operation was soon to commence. American
and British Special Forces dropped leaflets that listed the known Taliban commanders in the area, urged fighters to
flee or be killed and issued radio broadcasts that warned the population of the impending operation.57 This public
notification helped convince non-ideological fightersi.e. those more prone to desertingto flee the area and also
See Chairman of the Joint Chiefs of Staff, Instruction 3121.01B, Standing Rules of Engagement/Standing Rules for the Use
of Force for U.S. Forces (June 13, 2005)
50 Reid, ISAF, SCR Address Military ROE and Tactical Directives
51 Ibid
52 Amore, pp. 60-61; NATO/ISAF Tactical Directive, 6 July 2009
53 Ibid, p. 61
54 NATO/ISAF Tactical Directive, 6 July 2009
55 Amore, p. 62
56 ISAF Commanders Counterinsurgency Guidance, August 2009
57 Dressler, Preparing for the Battle of Marjah, p. 3; King, Laura. Marines in Marjah focus on sniper threat LA Times. 19
February 2010
49
27
allowed the civilian population to avoid the conflict beforehand.58 According to a report by the Institute for the
Study of War, only a few thousand residents of Marjah were able to evacuate prior to the operation.59 Furthermore,
the report found that Taliban insurgents forced many civilians to stay in the area in order to dissuade the coalition
troops from using heavy aerial attacks and to better their chances of being able to blend in with the population.60
Afghan and ISAF forces under the command of Afghan Brig. Gen. Mahayoodin Ghoori and U.S. Brig. Gen.
Nicholson met with nearly 350 elders from the main tribes around Lashkar Gah, the capital of Helmand province.61
Brig. Gen Mahayoodin and Brig. Gen. Nicholson instructed the elders to convince their fellow residents to avoid
going out into the open once the operation commenced.62 During these meetings, the elders had asked the ISAF
generals for a delay to the start of the operation so that those wishing to leave could do so. This postponement
request was approved by NATO commanders in Kabul. The elders made it clear from early on that their support
of the operation depended on how the combat was carried out and how many civilians were killed or injured.

The main combat phase of the operation commenced in the early morning hours of 13 February 2010 and ended
with the Afghan flag being hoisted above the center of Marjah on 25 February. Total combat forces numbered
approximately 15,000. This figure included 3,000 Marines, 4,400 Afghan troops, 1,000 British troops and hundreds
of U.S. Army soldiers.63 As noted above, British and Afghan forces conducting operations in the northern half of
the Nad Ali district did not encounter significant resistance and incurred few casualties. In the southern half of the
district, U.S. Marines and Afghan forces faced a considerable number of well-trained Taliban insurgents but were
able to consolidate control over the town of Marjah by the 25th of February.
Figure 2: Marjah and Nad Ali on 15 February 201064
Figure 3: Marjah and Nad Ali on 28 February 201065
As a result of the directives issued by Gen. McChrystal, the use of airstrikes, night raids and indirect fire were
Dressler, Preparing for the Battle of Marjah, p. 3

Between the 11th and 12th of February, approximately 2,700 people fled Marjah in advance of the pending operation. See
Dressler, Taking and Holding Marjah, p. 2; Cordesman, p. 200
60 Dressler, Preparing for the Battle of Marjah, p. 3
62 West, p. 196; Cordesman, p. 199
63 Quoted in Van Ess, pp. 8-9, directly from Dressler, Taking and Holding Marjah, 1. Dressler cites Associated Foreign Press,
Afghan Police Deploy to Taliban Bastion, February 19, 2010; C.J. Chivers and Rod Nordland, Errant Rocket Kills Civilians
In Afghanistan, The New York Times, February 15, 2010. This figure of 15,000 includes troops in support roles.
64 With permission from CSIS. In Dressler, Operation Moshtarak: Taking and Holding Marjah, p. 203. Source: U.S.
Department of Defense
65 Ibid, p. 205.
58
59
28
limited as a result of Taliban insurgents fighting in and amongst compounds that housed women and children.66 In
effect, this concern for civilian casualties meant that Marines and ISAF forces could not fire on the enemy if they
did not positively identify them as such and isolate them from civilians. An article in the Washington Post quoted an
Afghan official who estimated that during the first two days of combat, over 140 airstrikes were requested by ISAF
and ANSF ground troops, but only six to seven had been carried out.67
These constraints obviously made the ISAF and Afghan forces more vulnerable on the ground. As Marine Lance
Cpl. Travis Anderson told the Associated Press, Its hard to fight a war like thistheyre using our rules of engagement
against us.68 An errant missile strike that killed twelve civilians (see below) further constrained an air support
capability already hampered by new directives limiting airstrikes. After this missile strike, all air support requests
put before the Marine Brigade had to be referred to Regional Command South some fifty miles from the Marjah
area. The requests for an air strike followed a lengthy chain of command. For example, an ISAF soldier would
communicate directly with a pilot as to the exact location of the enemy while his immediate commander in the field
was on the radio with the regimental staff. The regimental staff was then relaying the request to the brigade staff
who were inquiring with the staff at Regional Command South.69 As airstrike requests were passed up the chain of
command and vetted by different commanders, troops on the front line remained exposed to additional enemy fire
as crucial air support was delayed and often ultimately denied.
Before the air support request even reached higher authorization levels, the pilot could (and often did) refuse to
support the ground forces calling for assistance. This was a direct result of instructions to pilots to conform to the
new focus on civilian casualties. As a result of the new directives, pilots themselves could be prosecuted if audio or
video evidence was produced showing that their ordinance caused civilian casualties.70 The new regulations created
an environment in which those charged with providing and/or authorizing air support were fearful of carrying
out or ordering any strike in which civilians may be at risk. The result was ground forces arguing with pilots and
commanders as enemy troops continued firing on their position or simply scurried away to safety. In effect, every
person within the chain of command now felt that any collateral damage would be their responsibility. As such, the
safety of the troops responsible for engaging the enemy on the ground was compromised in order to avoid collateral
damage.71
Although the ISAF and Afghan forces went to extreme lengths to ensure the safety of the Afghan population, civilian
casualties did occur during Operation Moshtarak. In February 2010, while the operation was in its most violent
stage, 46 civilians were killed as a result of airstrikes.72 The first major incident involving civilian casualties came
on the second day of the operation when an American surface-to-surface rocket strike mistakenly hit a compound
in which civilians were located. Estimates ranged from 11-12 dead, including 5-6 children.73 In the aftermath,
McChrystal immediately suspended the weapons system, launched a formal investigation and issued an apology
admitting that the strike landed 300m from its intended target. Meanwhile, British Gen Nick Carter stated that
the missile struck its intended target, but that commanders didnt know that civilians were present.74 This is just
one example of the confusion and difficulty of analysing every missile strike in a combat situation. Despite the
conflicting assessments, after this airstrike, the surface-to-surface missile system was suspended from use while a
formal investigation was launched.
The second major incident was on 21 February 2010 when an airstrike killed 27 civilians, the worst such case of
civilian deaths since September 2009.75 This was not in Marjah or within the Nad Ali District, but some 150 miles
Cordesman, p. 206
Partlow, NATO Rocket Misses Target, Kills 12 Afghan Civilians. Washington Post. 14 February 2010.
De Montesquiou, Troops: Strict War Rules Slow Marjah Offensive.
West, p. 205
Ibid, pp. 205-206
Ibid, pp. 205-206; U.S. serviceman have openly spoke of the dangers caused by stricter rules of engagement. See Motlagh,
Petraeus Toughens Afghan Rules of Engagement, Time, 6 August 2010
72 Important to note that not all of these were in Operation Moshtarakthis report includes one that was over hundred miles
outside of Marjah but it involved US forces tracking down insurgents who had recently fled the Marjah offensive.
73 C.J. Chivers and Rod Nordland, Errant Rocket Kills Civilians In Afghanistan, New York Times, February 15, 2010
74 The Telegraph. Operation Moshtarak: missiles that killed civilians hit correct target. 16 February 2010
75 BBC News. NATO Airstrike Kills 27 Afghanistan Civilians. 22 February 2010; Nordland, NATO Airstrike Kills Afghan
Civilians. New York Times. 22 February 2010.
66
67
68
69
70
71
29
away. It is relevant here because the troops responsible for the airstrike were targeting insurgents who had fled the
conflict in Marjah. The strike occurred in Khotal Chowzar, a mountain pass that connects Daykondi Province
with Oruzgan Province in central Afghanistan, and was carried out by U.S. Special Forces helicopters. The aircraft
mistakenly struck a vehicle convoy believed to be insurgents moving to engage ISAF and Afghan forces. Instead, the
vehicles contained 42 civilians. An investigation into this incident found that drone surveillance provided incorrect
intelligence to the helicopters that opened fire on the vehicles. As a result, four officers and two junior officers
faced disciplinary action and Gen. McChrystal ordered training on the targeting process, responsibilities, and
engagement criteria at all levels in accordance with the Rules of Engagement and Tactical Directives.76
The third major incident occurred during a firefight between U.S. Marines and Taliban insurgents in which Charlie
Company of the 1st Battalion 6th Marines called for an airstrike on a compound that was occupied by 17 civilians.
The missile killed 4 people (1 woman, 3 children) and wounded 11. The film The Battle of Marjah chronicles the
aftermath of this event which included U.S. Marines meeting with family members who lost loved ones and first
apologizing and then offering a condolence payment of $10,000.77
Outcomes
Casualties
Approximately 100 insurgents were killed by ISAF and ANSF forces during Operation Moshtarak.78 Among ISAF
forces, 45 Americans, upwards of 10 British and upwards of 10 Afghans were killed during the operation.79 The
civilian deaths caused by ISAF and Afghan forces during Operation Moshtarak was estimated to be 46.80 The
number of civilian deaths caused by Taliban insurgents during Operation Moshtarak is unknown, but there are
detailed reports by UNAMA which tracked the number of civilian deaths in the first six months of 2010.
There was a decrease in the number of civilian casualties caused by ISAF and ANSFalso referred to as progovernment forcesafter the implementation of Gen. McChrystals directives. According to an August 2010
report by UNAMA, civilian casualties caused by pro-government forces between January-June 2010 declined by
30 percent compared to the same period in 2009.81 Furthermore, civilian casualties caused by pro-government
airstrikes decreased by 64 percent.82
The decrease in the number of civilian casualties caused by pro-government forces did not lead to a decline in the
overall number of civilian casualties. Just as pro-government forces were causing less civilian casualties, Taliban
insurgents were causing more fatalities among civilians, leading to a 31 percent rise in the overall number of civilian
casualties.83 Over 75 percent of civilian casualties were now the direct result of Taliban actions, which included an
increase in the use of IEDs, suicide attacks and assassinations.84
Quoted in Brunstetter, pp. 353-354, from McChrystal, U.S. Army, Memorandum for Record, Subject: AR 15-6 Investigation,
21 February 2010.
77 Wonke, The Battle for Marjah
78 Dressler, Taking and Holding Marjah, p. 5
79 Cahn, Months after Marjah offensive, success still elusive. Stars and Stripes. 10 July 2010.
80 Dressler, Taking and Holding Marjah, pp. 7-8; King, Displaced Afghans fret in a cold, cramped limbo; Los Angeles Times,
24 February 2010
81 UNAMA, Afghanistan mid-year report 2010, p i
82 Ibid, p ii; Amore, p. 73; Because Operation Moshtarak was the largest combat operation carried out in Afghanistan during
2010, the UNAMA report tracking all casualties in Afghanistan in 2010 is relevant in analyzing the casualties caused by ISAF
and Taliban forces during Operation Moshtarak.
83 Ibid
84 UNAMA, Afghanistan mid-year report 2010, p. vii; Amore, p. 74; Rogers and Chalabi. Afghanistan Civilian Casualties. The
Guardian. 12 April 2013.
76
30
Situation Post-Conflict
This report examined the first two stages (SHAPE and CLEAR) of what was a four-stage operation (SHAPE,
CLEAR, HOLD, and BUILD). The latter stages involved the majority of the counterinsurgency strategy developed
by Gen. David Petraeus and implemented in Afghanistan by Gen. Stanley McChrystal. Central to this was Gen.
McChrystals idea of government in a box which put in place Afghan government officials and an Afghan police
force. This process began shortly after ISAF and ANSF forces consolidated control over the town of Marjah and
the Nad Ali district. Humanitarian projects aimed at improving and developing infrastructure and public works
were undertaken. Cash compensations were paid to family members who lost relatives while businesses were
encouragedoften through cash paymentsto reopen their store fronts.85
The ISAF forces charged with implementing this new counterinsurgency strategy were often hindered by an
inherent distrust of the national government among the local populace as well as innate fear among residents who
believed the Taliban would punish them if they were to return to power.86 Despite such statistics revealing the
number of civilian casualties caused by the Taliban, local residents in Marjah and its surrounding areas did not
view the Taliban as the problem. Many Afghans believed the Taliban would not be killing civilians if U.S. forces
were not in the country, thus the blame was laid on the United States.87 Overall, ISAF and Afghan forces were
not welcomed by the majority of residents who viewed the outside troops as destabilizing and agents of a corrupt
national government. One significant grievance was that the local economy was heavily dependent on the lucrative
poppy trade which the ISAF forces sought to eradicate.
International Council on Security and Development (ICOS) report took surveys of the population that revealed
such indignation at foreign troops in the region. One such poll conducted in March 2010 found that 68 percent
of those interviewed believed the Taliban will return to Marjah after the Operation. Alarmingly, 67 percent did
not support a strong NATO-ISAF presence in their province and 71 percent stated they wanted the NATO forces
to leave.88 Furthermore, a poll by the Asia Foundation in 2013 found that a third of the Afghan population,
particularly from Pashtun dominated rural areas, expressed support for the Taliban.89 The Talibans ability to
provide law and order, despite the severity of their laws, resonates with many rural citizens who believe the national
government in Kabul to be plagued by corruption, too far removed from local concerns and acting as agents of
Western powers.90
Conclusions
The operation to clear and hold Marjah and the Nad Ali district was an overall success. The ISAF and ANSF forces
who carried out the operation adhered to strict directives which went beyond the standing rules of engagement
used by ISAF and ANSF forces during earlier operations in Afghanistan. These rules of engagement put ISAF and
ANSF at extreme risk as airstrikes or other weaponry that would normally be authorized were declined because of
increased pressure to avoid civilian casualties. ISAF forces also found that Taliban insurgents were benefitting from
the stricter rules of engagement by traversing the battlefield or moving from compound to compound unarmed,
thereby ensuring that they would be viewed as a civilian.
Even with these stringent directives handed down by Gen. McChrystal, civilian casualties still occurred as a result
of wartime realities including weapon malfunction, soldier error and the Talibans cruel conduct. It is important
to note that while the overall number of civilian casualties increased, the number of civilian casualties caused by
pro-government forces decreased significantly after Gen. McChrystal implemented his directives and guidance.
The increase in the overall number of civilian casualties was a direct result of Taliban insurgent conduct which
included using civilians as human shields, staging suicide bombings and IED attacks which disregarded the presence
of civilians, and assassinating civilians who would not comply with Taliban orders. It is clear that during Operation
Van Ess, p. 25
Ibid, p. 27
87 West, p. 206; Nakamura, David. Afghans blame civilian deaths on U.S. despite spike from insurgent violence. Washington
Post. 14 August 2010.
88 ICOS report, pp. 16-17
89 Hopkins, p. 42
90 Laub, The Taliban in Afghanistan. CFR Backgrounder
85
86
31
Moshtarak, the Taliban did not seek to conform to International Humanitarian Law (IHL) or the Law of Armed
Conflict (LOAC).
Although the number of civilian casualties caused by pro-government forces declined after Gen. McChrystals
directives were imposed, such strict rules of engagement also undermined the safety and capability of ISAF and
ANSF forces. Many American and British commanders and troops felt that such regulations constrained their
inherent right to self-defense, put themselves and their comrades in harms way and slowed their advancement
against Taliban insurgents.91 Shortly after Gen. McChrystal was relieved of his command in June 2010, the new
commander of ISAF forces in Afghanistan, Gen. Petraeus, issued his own tactical directive which, while still seeking
to avoid civilian casualties, sought to place more emphasis on ISAF forces right to self-defense during future conflicts.
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Dressler, Jeffrey. Operation Moshtarak: Preparing for the Battle of Marjah. Institute for the Study of War. 11
February 2010. Online.
Dressler, Jeffrey. Operation Moshtarak: Taking and Holding Marjah. Institute for the Study of War. 2 March 2010.
Online.
Embattled Taliban rely on human shields against allied forces. Associated Press. 18 February 2010. Online.
Farmer, Ben. Marines have won Marjah battle and now fight for hearts and minds. The Telegraph. 7 March 2010.
Online.
Filkins, Dexter. 09 Deadliest Year for Afghans, U.N. Says. New York Times. 14 January 2010, p. A6. Online.
Filkins, Dexter. Afghan Offensive is new war model. New York Times. 12 February 2010. Online.
Gall, Sandy. War Against the Taliban: Why It All Went Wrong in Afghanistan. London: Bloomsbury Publishing, 2012.
In his comprehensive assessment of the American rules of engagement in Afghanistan under McChrystal, Amore points out
that: Even though Gen. McChrystals Tactical Directive was not intended to deprive commanders of their right to protect the
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33
2006
Israel Lebanon Conflict
Southern Lebanon
12 July 14 August 2006
Major Gen. (ret) Giora Eiland
Overview
The Second Lebanon War was a conflict between the Israeli Defense Forces (IDF) and Hezbollah paramilitary
forces which began on 12 July 2006 and continued until a UN-brokered ceasefire went into effect on 14 August
2006. The 34-day conflict took place in Lebanon and northern Israel and involved between 2,000 - 4,000 Hezbollah
militants and nearly 10,000 Israeli soldiers. By the end of the conflict, a total of 164 Israelis were killed, including
119 soldiers and 45 civilians. On the Lebanese side there were 1,191 individuals killed. Of these, approximately 40
percent were considered Hezbollah militants.
Background
The First Lebanon War took place between 1982-1985 and began when the IDF invaded southern Lebanon in
retaliation for continuous attacks across the northern Israeli border by militants from the Palestine Liberation
Organization (PLO) and other anti-Israel organizations. The war ended with the IDF and its local ally, the South
Lebanon Army (SLA), establishing a buffer zone which was designed to prevent continuous threats to Israeli cities
and towns in northern Israel. Shortly after this conflict, the Shiitemilitant group Hezbollah formed and declared
an armed struggle to end theIsraeli occupationof Lebanese territory. In the years after Hezbollahs formation,
the IDF remained in a state of armed conflict with the Shiite militant group in the area once designated as a buffer
zone. In 2000, the IDF withdrew its forces from southern Lebanon. Upon the IDFs withdrawal, the UN and the
government of Israel demarcated the international border between Israel and Lebanon.
Following the IDFs withdrawal, the SLA collapsed and Hezbollah consolidated control over southern Lebanon.
Hezbollah, encouraged by the Israeli withdrawal, managed to increase its political power within Lebanon by
34
claiming, inter alia, that Israel was still holding on to territories allegedly belonging to Lebanon (Shiba farms), as
well as proclaiming that the fight against Israel was not over.1 In the following years, Hezbollah enhanced its arsenal
with long-range rockets and missiles and adopted a guerrilla warfare strategy, which included numerous attempts
to abduct Israeli soldiers. Between 2000 and 2006, Hezbollah launched dozens of attacks which killed 17 Israelis,
including six civilians. Despite these attacks, Israels policy was one of containment, with officials preferring to
respond either locally or not at all. This policy changed dramatically after the abduction event of 2006.
Abduction Event
On 12 July 2006, Hezbollah militants launched an anti-tank missile attack on two armored Humvees patrolling the
Israeli side of the border.2 The ambush left three Israeli soldiers dead, and Hezbollah militants were able to abduct
two Israeli soldiers. Shortly after the kidnapping, five more Israeli soldiers were killed in a failed rescue attempt.
Conflict Escalation
Soon after the Hezbollah ambush, Israel retaliated, first by launching airstrikes against Hezbollah military targets
in southern Lebanon and then by beginning a ground maneuver to thwart Hezbollah long-range rocket barrages
on Israeli towns. At its peak, the conflict involved Israeli air and naval blockades, a ground operation, and airstrikes
directed at Hezbollah targets and critical infrastructure. Throughout the conflict, Hezbollah fired thousands of
rockets into Israeli towns and cities, covering an area inhabited by more than a million Israeli citizens.
Terrain
The ground operations during the 2006 Lebanon
conflict took place in what once was the buffer zone
in southern Lebanon, a region adjacent to the Israeli
border. The area covers approximately 1,000 square
kilometers, comprising 10% of Lebanons overall
territory. The ground operation did not cover the
entire buffer zone, reaching less than 50% by the time
the conflict ended. The terrain is mountainous and
contains deep creeks. Portions of the land are used for
agricultural cultivations and made up of fields, groves
and mountain-side stone terraces, some of which is
covered with thick vegetation.
This sort of terrain can present significant challenges to
a conventional military which might find it difficult to
maneuver its large forces and heavy armored vehicles.
The terrain can also serve as an effective cover for
the enemy, which is able to conceal its positions and
channel the military forces into ambushes and inferior
strategic points.
The mountainous landscape and thick vegetation of
southern Lebanese benefitted Hezbollah which was
able to use guerilla tactics and an extensive knowledge of the region to its advantage. In such an environment, it is
usually expected that a military will use more firepower and heavier artillery to overcome the vulnerability of its
maneuvering forces. On the other hand, the low density of population and the open, rural nature of the territories
of southern Lebanon made it relatively easy for the military ground forces to minimize civilian casualties in those
1
2
This was done despite the fact that the new border between Israel and Lebanon was recognized by the UN.
During this ambush, Hezbollah militants fired rockets at Israeli border towns as a diversion
35
specific areas. This was not the case within the dense urban neighborhood of Dahiehin in which uninvolved civilians
were inevitably at high risk of being wounded during air strikes on enemy targets.3
Population
Approximately 150,000 people inhabit the area which is concentrated into 67 villages and small towns. About half
of the population is Shiite Muslims while the remaining half is made up of Sunni Muslims, Christians and Druze.
The average density of population (DOP) of Lebanon is estimated at 800 persons per square mile (psm).4
Intensity
During the 34 day conflict, the Israeli Air Force conducted 11,897 sorties, which surpassed the number of combat
missions during the 1973 October War (11,223) and almost doubled the number of missions during the 1982 First
Lebanon War (6,052).5 The Israeli Air Force delivered 13,916 bombs during these missions. Furthermore, over the
course of the conflict, the Israeli Army fired 170,000 shellsmore than twice the number fired in the 1973 October
Warwhile the Israeli Navy fired 2,500 shells.6
3
4
5
6
36
Dahieh, a Shiite suburb south of Beirut, also known as Beiruts stronghold of Hezbollah. Being in the same area, the Hezbollah
auditorium, residential areas and television station,Al-Manar, were also targeted.
In comparison, Israels DOP is 900 psm, and Gazas DOP is over 9000 psm.
Kober, Avi (2008). The Israel Defense Forces in the Second Lebanon War: Why the Poor Performance?.The Journal of
Strategic Studies31(1): p. 23
Kober p. 24; The war in numbers.Janes Defence Weekly. 23 August 2006.
Hezbollah claimed that it forces fired nearly 8,000 rockets into Israel during the 34-day conflict. Israeli military
officials disputed this figure, however, stating that the number was 3,917.7 According to separate estimates by the
Israeli police, Hezbollah fired 4,228 rockets at a rate of more than 100 per day.8
The numbers mentioned above indicate that the overall intensity level of this conflict was fairly high. Israel has
officially recognized the conflict as a war, not an operation. Hezbollahs secretary general, Hassan Nasrallah, has
also stated that the conflict was a war saying in a TV interview, If I had known on July 11 ... that the operation [to
capture Israeli solders] would lead to such a war, would I do it? I say no, absolutely not.9
Urgency
On the one hand, there was no urgent need to begin the campaign immediately after the abduction event. Hezbollah
did not launch rockets against Israel and probably would not have done so if Israel did not launch large-scale air
strikes that night. Indeed, one of the criticisms expressed towards the Israeli Government and IDF was the hasty
manner in which the IDF initiated the response without sufficient preparations.
On the other hand, Hezbollahs continuous aggression against Israel eroded the deterrence completely. Moreover,
due to the proximity of Hezbollah combatants to the border it was clear that many Israeli troops and Israeli civilians
lived under immediate and unbearable risk. The decision to launch the operation on that specific dayafter the
abduction of two soldiers and the death of another 8was, in the eyes of the Israeli government, a reasonable act
of self-defense.
In assessing the urgency at the time of the operation itself, it is essential to examine the circumstances under which
the military forces operated. For example, were military forces under fire or trying to stop enemys fire from targeting
civilians? From the very first days of the war, Israeli towns and cities were under constant attack by Hezbollahs
rocket and missile barrages. At certain stages, the rate was as high as several hundred rockets per day. There was
tremendous pressure on the IDF to take immediate actions to cease these attacks and to contain Hezbollah as much
as possible. Overall, the IDF operation was under urgent circumstances.
Why are they fighting?

In the run up to the 12 July ambush on Israeli military forces, Hezbollah had repeatedly threatened Israeli soldiers
and civilians along the Lebanon-Israel border. These actions created tension and instability which Israel viewed as
a growing threat to their military forces and civilian population. After the events of 12 July, in which eight Israeli
soldiers were killed and two kidnapped, Israel launched an operation to rescue the kidnapped soldiers and perhaps
more importantly, to deter future transgressions by Hezbollah militants.
Hezbollah
Capabilities
Highly trained and well equipped with night vision abilities, modern anti-tank missiles and sophisticated
communication capabilities, Hezbollah is one of the most powerful non-state actors in the world. The organization
has been described as a militia trained as an army and equipped like a state. Hezbollah is a highly robust organization
with a clear chain of command and the infrastructure to protect and maintain its high command. The group has
special units for intelligence, antitank warfare, explosives, engineering, communications and rocket launching. The
core fighters are aided by a larger circle of part-timers, who provide logistics and store weapons in houses and
civilian buildings. Within Lebanon, the organization enjoys the support of the Shiite civilian majority in southern
Lebanon and encounters little resistance from other religious groups within the country.
7
8
9
Civilians under attack, Human Rights Watch report, August 2007, p. 10

Hizballahs Rocket Campaign Against Northern Israel: A Preliminary Report. Jerusalem Center for Public Affairs. 31
August 2006.
Alfano, Nasrallah: If I had known Associated Press. 27 August 2006. Online.
37
During the conflict, Hezbollahs corps consisted of between 2,000 to 4,000 combatants. The militants were well
trained and were equipped with flak jackets, night-vision goggles, modern communications and a network of
tunnels, storage rooms, barracks and I.E.D (booby traps) laid under the hilly landscape. Its vast arsenal of rockets,
which numbered approximately 20,000 and ranged between 10 and 210 km, enabled Hezbollah to continually
threaten the security of the Israeli population. Hezbollah also attacked Israeli naval vessels with the Noor (C802) anti-ship missile. In addition to these surface-to-surface rockets, there were also reports of Hezbollah militants
operating armed Iranian drones.10
One of the organizations more potent and successful tactics consisted of the use of anti-tank guided missiles
(ATGM), which were equipped with some of the worlds most advanced systems, such as the Russian made Metis
and Kornet. Mastering ATGM weapons gave Hezbollah the ability to effectively strike and destroy not only tanks
and armored vehicles, but also ground infantry forces taking cover inside buildings and structures. Due to its low
profile, accuracy and quick operation, ATGM weapons allow militants to fire from distant positions (sometimes
as far as 4-5 km) without being detected. The ATGM threat is deadly and powerful in such way that it leaves the
military who is facing it no choice but to use massive fire power and artillery in order to maintain its own survival
and carry out its missions.
Hezbollahs capabilities and strength were, for the most part, also the result of close and dedicated support by both
Iran and Syria. Both countries provided Hezbollah with satellite communications and some of the worlds best
infantry weapons including modern, Russian-made antitank weapons (RPG-29, Kornet, Metis, and Concourse)
and Semtex plastic explosives, as well as the training required to use these weapons effectively against Israeli armor.11
The patronage of these two powerful states provided the organization with not only financial and military resources
but also a sense of confidence and motivation for its operational initiatives.
Conduct
While Hezbollah has many similarities to a regular military, its conduct reflects the behavior of a guerilla
organization. Hezbollah did not operate under international laws governing warfare and the use of armed force
and often intentionally implicated Lebanese and Israeli civilians in the conflict.
1. Involving its own civilians in the conflict

According to a HRW report:
Hezbollah fired rockets from within populated areas, allowed its combatants to mix with the Lebanese civilian
population, or stored weapons in populated civilian areas in ways that violated international humanitarian law,
howeverHezbollah stored most of its rockets in bunkers and weapon storage facilities located in uninhabited fields
and valleys, that in the vast majority of cases Hezbollah fighters left populated civilian areas as soon as the fighting
started, and that Hezbollah fired the vast majority of its rockets from pre-prepared positions outside villages.
Intentionally using civilians as human shieldthat is, whether Hezbollah forces not only endangered civilians in
violation of the duty to take all feasible precautions to spare civilians the hazards of armed conflict, but also deliberately
deployed among civilians with the aim of protecting themselves from attack, we found a handful of instances but
nothing to suggest a widespread practice.12
2. Attacking Israeli civilians

Despite Hezbollahs claims that its rockets were aimed primarily at military targets in Israel, the large number
of rockets that hit civilian infrastructure indicates otherwise. During the 2006 conflict, Hezbollah repeatedly
At least one of the Hizballah UAVs downed by the Israeli Air Force carried a 30-kg. bomb. This was the first recorded use of
UAVs as land attack cruise missiles.
11 Erlanger, Steven; Oppel Jr, Richard A. A Disciplined Hezbollah Surprises Israel With Its Training, Tactics and Weapons.The
New York Times. 7 August 2006. Retrieved25 November2011.
12 Why they died, Human Rights Watch report, September 2007, pp. 5-6
10
38
bombarded cities, towns and villages without any apparent effort to distinguish between civilian and military
targets.13 Hezbollahs rockets were lacking any guiding systems and therefore were incapable of being directed at
specific targets. Many of these rockets hit densely populated areas of Israel.
Moreover, the IDF found range cards which were prepared in December 2005 and contained the precise
coordinates of various locations within Israel as well as the formulas for aiming mortar shells and 122mm rockets
toward these targets from locations in southern Lebanon. 56 of the 91 locations that appeared on the range card
were civilian targets while only 27 were IDF military posts and bases.
The HRW report also elaborates on the ammunition that the Hezbollahs rockets carried:
220mm rockets packed with thousands of 6mm steel spheres (sometimes referred to as ball bearings) that sprayed
out upon impact with great force. These spheres are devastating anti-personnel weapons: while incapable of inflicting
serious damage to hard military structures or matriel, they penetrate human flesh and organs within a wide radius of
the rocket blast. Hezbollah also fired an undetermined number of cluster munition rockets loaded with submunitions
(i.e., explosives) that, upon impact, dispersed 3mm steel spheres over a wide footprint.14
Although there were instances of Hezbollah militants involving the Lebanese civilian population in the conflict,
there was no evidence that this was a larger, deliberate strategy. In this respect, the groups conduct can be viewed
as relatively moderate. There was, however, sufficient evidence to prove that Hezbollah militants launched rockets
towards Israeli civilian infrastructure. Despite official declarations by Hezbollah leaders that the organization fights
the IDF only, militants knowingly and deliberately aimed to hurt Israeli civilians and infrastructure and took no
measures to distinguish between military and civilian targets.
Israeli Defense Forces

Rules of Engagement
The IDFs rules of engagement follow the basic common principles of distinction between combatants and civilians.
While the first are considered legitimate targets, the latter are protected. Given the nature of the conflict that the IDF
was facing, specific rules were developed to provide IDF troops with the means to achieve their military objective
while taking all necessary measures to minimize civilian casualties. Some of these procedures include: additional
senior authorization before the use of heavy fire in populated areas; delineated buffer zones; early warnings; non
harming precautionary fire; and use of precise weapon systems.
From the first assignments and commands throughout the conflict, there were specific directives concerning the
treatment of the civilian population in the course of the operation. The IDF applied several measures to separate
the local citizens from enemy combatants, preventing unnecessary casualties and damage to those who were
uninvolved.15 A special task force headed by a Brigadier General was assigned and specifically dedicated to the
efforts of isolating civilians from the battle areas, delivering the precautions and early warnings, and coordinating
all humanitarian efforts. There were also measures applied to ensure that targets were approved by high-level
commanding officers. Some of these measures were toughened following the Qana airstrike incident. For instance,
there was an immediate cessation to attacks on bridges, roads and buildings, even those adjacent to rocket launch
sites as well as a new directive stating that future targeted killings and attacks on storage facilities needed the
approval of the Chief of Staff.
As a result of the effectiveness achieved by the IDFs prior warnings and efforts to evacuate the civilian population,
there was very low contact between the IDFs ground forces and the local population. Even the most critical human
rights reports blaming Israel for war crimes did not bring evidence for more than 4 separate incidents in which
Lebanese civilians were allegedly killed by IDF ground forces.16 The low number of these unfortunate exceptions
Ibid, p.10
As a part of our research, we received access to confidential directives and operational plans of the IDFs Northern Command.
Our observations rely on those as well as open source materials.
16 Why they died, Human Rights Watch report, September 2007, pp. 236-237
13
14
15
39
indicates that there was no intention of targeting civilians in the course of the operation and precautions were taken
to minimize damage. Despite some casualties, the overall results were not unreasonable.
Gradual Means
There is sufficient evidence and protocols to demonstrate the gradual manner in which the IDF expended its
operation during the conflict. The first week of the operation was mostly limited to air and artillery strikes on
Hezbollahs rocket stores. The intention expressed by the Chief of Staff was to complete the operation without a
serious ground operation being undertaken. Up until 19 July, only limited ground operations took place with small
forces around Israels border.
From 19 July to 27 July, the ground operation was still very limited and only after 16 days of fighting, the IDF
started mobilizing reserve units in preparation for a vast ground operation. Throughout the conflict, the IDFs
ground forces were placed no more than 4-5 km from the Israeli border.
The vast ground operation was seriously discussed for the first time on 31 July and was approved on 9 Aug. This
operation was planned to exert control as far as the Litani River, which marks the northern border of southern
Lebanon. Even with these plans, the maneuver was never fully initiated.17
The entire Israeli strategy was, in many regards, criticized as too gradual, even hesitant. This was widely discussed
within parliament, in deliberations of the Winograd National Inquiry Commission, as well as within the media.
The IDF war protocols reflect the careful and moderate manner in which the Chief of Staff wished to conduct this
conflict with minimum civilian casualties on both sides.
The following map shows the IDFs lines at the end of the conflict:
17
40
Winograd report, Chapter 4
Use of force
Choice of weapons
Israel dropped 13,916 bombs during the conflict18. Of these, 7,732 were considered to be accurate (smart) munitions.
Guided by GPS, Laser and Electro-Optic, these weapons are less likely to cause collateral damage. Although this
ratio was ten times better than the First Lebanon War, the use of such accurate munitions come with a significant
financial cost. The choice of weapons demonstrates the IDFs attempt to achieve its military objectives with as little
collateral damage as possible.
There were allegations made against the IDF for using phosphorous munitions and cluster bombs. The use of
munitions containing phosphorous is prohibited by an international treaty19 because of their incendiary nature,
which might lead to burning wounds and other negative effects on humans. White Phosphorus (WP) munitions
were indeed used by the IDF during the conflict for illumination and obscurity purposes. However, at the time of
the conflict, the use of WP munitions designed to illuminate and obscure the battlefield were excluded from this
prohibition with their incendiary effect being described as incidental.20
The IDF was also criticized for using cluster bombs (CBU), which rely on the scattering of sub-munitions. Although
the use of CBU is not banned by international law, such weapons receive criticism when used in highly populated
areas because of their indiscriminate nature. In addition, the munitions have a high ratio of duds, which can cause
civilian casualties long after the conflict has ended. According to the 2008 Human Rights Watch report, Israel
fired 4.6million sub munitions into dozens of towns and villages over the course of 962 separate strikes in southern
Lebanon. As many as 1million sub-munitions failed to explode on impact and instead lingered as land mines which
killed or maimed almost 200 people after the conflict had concluded.
Israel has responded to these claims by arguing that:
1) There was no violation of international law by using CBUs.
2) The decision to use CBUs to neutralize the missile attacks was only made after other options had been examined and
found to be less effective in ensuring maximal coverage of the missile-launching areas.
3) In practice, the operational effectiveness of CBUs was clearly shown, resulting in a disruption of missile attacks
against Israeli population centers.
4) All CBU fire was directed at legitimate military objectives and, for humanitarian reasons, most of the CBU fire
was directed at open areas, keeping a safe distance from built up areas. In those cases where CBU fire was directed at
military objectives which were in the vicinity of built up areas, it was always toward particular locations from which
missiles were being launched against Israel, and after significant measures were taken to warn civilians to leave the
area. Moreover, following the cessation of active hostilities, Israel handed over to UNIFIL maps of the areas suspected
of containing unexploded ordnance, including from CBUs, in order to facilitate the ordnance clearing process.21
The Winograd Commission, Israels official commission of inquiry into the events of military engagement, discussed
the problematic use of CBUs and recommended that the IDF improve the strictness of its commands and policy
regarding the use of such munitions.22
Yitzhak Ben Israel, The first Rocket war

Protocol III to the 1980 convention on certain conventional weapons, p. 10
20 UNEP cannot confirm the use of unconventional weapons by IDF during
the 2006 conflict. Only in 2009-2010, UN and other NGOs moved to ban this kind of munitions completely with no exceptions.
18
19
21
22
Why they died, Human Rights Watch report, September 2007, pp. 245-246
Winograd report, Chapter 14.
41
Target definition
The process by which the IDF defines its military targets clearly influences its ability to minimize damage to
civilians during combat. According to Israeli officials,
The guiding principle adopted by the IDF was to target only infrastructure that was making a significant
contribution to the operational capabilities of the Hezbollah terrorists. This meant that, for the most part,
Israeli attacks were limited to the transportation infrastructure. Most of the other infrastructure (medical,
cultural, railroad, tunnels, ports, banking, manufacturing, farming, tourism, sewage, financial, electricity,
drainage, water and the like) was left almost completely untouched. 23
While there is no doubt that a significant portion of Israeli targets were clearly military in nature, some allegations
were made regarding the IDFs targeting of civilian facilities and infrastructure. Special attention was given to the
Qana airstrike incident in this respect. Most Human Rights organizations claimed that Israel had no legitimate
right to target this location because Hezbollah rockets were not fired from the area. In contrast, the IDF supplied
photos of Hezbollah militants firing rockets from sites in Qana.
Regardless of the evidence present, it is misguided to draw conclusions based on one misfortunate and regrettable
event during a wider conflict. Such accusations do not adequately reflect a militarys policy or conduct throughout
the conflict.
Professionalism
The professionalism (or lack thereof) of military forces can be another cause for high number of casualties. The
Israeli forces that took part in the 2006 conflict in southern Lebanon were well-trained, professional soldiers. It
is important to note, however, that because of budget cuts, there was a decrease in the frequency of large unit
(battalions, brigades and divisions) exercises in the years prior to the war. Although IDF forces gained operational
experience through low intensity conflicts in the West Bank, many Israeli soldiers lacked training in large-scale
conflicts in which forces have to maneuver and maintain coordination. As a result, there were some poor judgments
and a lack of tactical understanding by some soldiers in large units during the 2006 conflict.24
While battalion commanders led their forces from the front line, some of the infantry brigade commanders stayed
behind, choosing instead to watch their forces through plasma screens at the border. A number of these commanders
were criticized for their actions after the conflict25
Why they died, Human Rights Watch report, September 2007, pp. 242-244
As a side note, professionalism also affects the number of friendly fire incidents, which are obviously unintended. During the
war there were only two incidents in which forces were hurt by other military forces. (One case featured an infantry soldier
being run over by a tank, and the other featured shooting by mistake).
25 In the 2014 Israel-Gaza conflict the lesson was learned and all infantry Brigade commanders were leading their forces in the
23
24
42
The Winograd Commission reported that there were no incidents in which soldiers executed illegal orders or acted
in contrast to what they were ordered to do by their superiors. The commission also did not encounter any cases in
which soldiers knowingly violated international law.26
For the most part, the IDF engaged in responsible use of force including the use of accurate munitions which
targeted only infrastructure contributing to the enemys capabilities. Furthermore, its forces were obedient and did
not loot or knowingly violate the law of armed conflict (LOAC) with respect to captured combatants or innocent
civilians.
Some specific issues, such as the use of cluster bombs and phosphorus, inexperience in combating this specific type
of guerilla warfare, and the misfortunate incident of the Qana airstrike deserve special attention and examination.
However, these instances do not affect the overall impression that the IDFs professionalism was lawful and
contributed to a lower number of civilian casualties.
Humanitarian Considerations
Precautions
As detailed below, Israel provided early warning to civilians in southern Lebanon during the 2006 conflict. These
measures reduced civilian casualties even at the cost of making the military operation less effective.
The IDFs Northern Command was assigned the specific mission of warning the population of southern Lebanon
and advising them to move north before the start of the operation. Artillery batteries fired around the vicinity of
south Lebanese villages, intending to isolate the area before ground attacks. Israel issued advance notice to the local
residents through various mediums, including leaflet drops, radio broadcasts and contact with local leaders. The
notices were intended to allow the civilians to distance themselves from areas in which Hezbollah was operating
and from places in which its weaponry was being stored27. For example, in the second phase of the operation, the
IDF distributed pamphlets from the air calling on the residents of Tsidon and the surrounding villages to evacuate
immediately. In the third phase of the operation, when the IDF intended to take over portions of territory, Israeli
troops delivered messages by broadcasting across local radio stations, instructing the local population on how to act
in order to avoid being mistaken for a militant.
It is clear that Israel provided early warnings to civilians; however, human rights organizations have argued that these
means were only partly effective, as a significant number of Lebanese citizens remained even after the warnings.28
Despite these claims and the fact that some civilians stayed in the villages and towns of southern Lebanon after
being warned, the vast majority of the population did abandon the fighting areas after the initial warnings and
before the start of the operation. There is sufficient evidence to prove that the ratio of people who stayed in fighting
zones was fairly low (less than 5%).
Humanitarian Treatment
The IDF has firmly asserted that it had taken extensive measures to provide humanitarian treatment to Lebanese
civilians:
.These efforts included steps taken to facilitate access of humanitarian assistance to civilians within Lebanon. An
operations room was set up in northern Tel Aviv to coordinate international efforts to provide aid to Lebanon. This
facility was headed by senior IDF staff and manned by representatives of the Israeli Foreign Ministry, the United
Nations and the
International Committee of the Red Cross. At the same time Israel established a humanitarian corridor to enable
shipments of aid to reach Lebanon despite the ongoing hostilities. A sea-route to Lebanon was established through the
26
27
28
front line and had much more presence.

Winograd report, Chapter 14, p. 483
Why they died, Human Rights Watch report, September 2007, p. 242
Ibid, pp. 64-69
43
port in Beirut, and a land route was designated from Beirut northward along the coast to the Syrian-Lebanese border.
Throughout the hostilities, Israel coordinated humanitarian issues with the international community, even expanding
the corridor to include other points of entry, and establishing a special humanitarian headquarters to direct the
coordination efforts. In addition, Israel made arrangements to permit the landing of aircraft at Beirut International
Airport to unload humanitarian goods for residents of southern Lebanon.
Another issue of humanitarian concern was the evacuation of foreign nationals from Lebanon. From the very first day
of the war, the IDF helped coordinate the evacuation of at least 70,000 foreign nationals from Lebanon. To the best of
our knowledge, this effort was accomplished without any loss of life. A total of 213 passenger ships, 123 land convoys
and 196 helicopters were allowed to dock in or travel through Lebanon to evacuate the expatriates and tourists. The
convoys were able to travel on approved routes, which were coordinated with IDF forces.
Israeli hospitals also offered free medical care to any Lebanese person who was wounded in the warThis
offer was broadcast via a hospital representative in Cyprus due to the fact that many Lebanese fled there, and
was also broadcast on Arabic radio stations in the region.29
This study has found that the IDF made a sincere and effective effort to isolate the civilian population from battle
zones. Warnings were given prior to attacks and the vast majority of the local population did evacuate, leaving
relatively little friction between the IDF ground forces and the local civilians. In contrast to allegations against the
IDF, these findings indicate that the precautions taken by the IDF were indeed effective and saved civilian lives.
Furthermore, it is evident that the IDF did not neglect the humanitarian needs of the Lebanese civilians that stayed
in areas of conflict. Throughout the operation, the IDF facilitated humanitarian corridors and maintained good
coordination with international humanitarian NGOs.
Investigations
For an investigation to take place, the Israeli Military Advocate General (MAG) must independently decide to
investigate an allegation of misconduct and if necessary, to prosecute soldiers for violations of international law. The
MAG decision is subjected to review by the Israeli Attorney General and the Israeli Supreme Court. The structure,
process and effectiveness of the Israeli military judicial system has been extensively reviewed by the national inquiry
commission chaired by former Supreme Court Justice Turkel30.
There were no significant investigations or indictments as a result of the 2006 war. The only issue that was carefully
reviewed was the Qana incident, which became the subject of legal opinions but not of any criminal proceedings.
Such proceedingsor lack thereofcould not attest to the seriousness of the authorities to investigate any wrong
doings, as long as there is capability and willingness to do so. This study has found that the Israeli military forces
not only have appropriate accountability structures in place but that there is also evident willingness of military and
legal authorities to hold soldiers and commanders responsible when allegations of wartime violations are raised.
Outcomes
Casualties
Assessing the accurate number of combatants versus civilian casualties is especially difficult for this conflict as the
Lebanese government does not differentiate between civilians and Hezbollah combatants. Instead, the government
considers all combatants to be Lebanese civilians. Added to this ambiguity is the fact that many Hezbollah fighters
do not wear military uniforms to distinguish themselves from the civilian population.31 Overall, there were 1,191
Lebanese killed and 4,409 injured in the course of the 2006 conflict.32According to Hezbollahs declarations, 250
Statement by the Government of Israel in response to the Human Rights Watch report. We should note that on this particular
matter there were no claims from HRW or any other NGO suggesting otherwise.
30 See the conclusions at http://mfa.gov.il/ProtectiveEdge/Documents/IsraelInvestigations.pdf.
31 Lebanon Sees More Than 1,000 War Deaths, AP, December 2006. http://news.usti.net/home/news/cn/?/world.mideast.
misc/1/wed/bq/Alebanon-war-deaths.RYBR_GDS.html
32 Report of the Commission of Inquiry on Lebanon to Human Rights Council resolution S-2/1, General Assembly, November
29
44
of its combatants were killed during the conflict.33 Some Israeli and IDF officials, however, have stated that 650
Hezbollah combatants were killed. On average, it is estimated that approximately 40% of the casualties were
combatants.34
A total of 164 Israelis were killed during the conflict, including 119 soldiers and 45 civilians killed by indiscriminate
rockets fired by Hezbollah. 2,118 Israelis were injured, among them 628 soldiers and 1,490 civilians.35 Hospitals
were reported to have treated 2,773 Israeli civilians for shock and anxiety.36
Damage to property
Infrastructure
The IDF limited itself by targeting only civilian infrastructure related to the transportation of Hezbollah men and
equipment. The following infrastructure was reported as being damaged by Israels bombardment: the Port of
Beirut, the airports five runways, the modern lighthouse of Beirut, 109 bridges and 137 roads.37 While no water
stations were destroyed in the conflict, a number of transformers, generators, reservoirs and pumps were damaged.38
Protected sites
One of the claims against the IDF was that it deliberately attacked protected sites. According to some allegations,
there were 30 recorded attacks by the IDF on UNIFIL and OGL positions during the conflict, resulting in 6 dead
and 10 injured.39 78 health facilities (dispensaries, health centers and hospitals) were seriously affected, with 2
hospitals destroyed.40 There were also allegations that numerous mosques and churches sheltering civilians had
been damaged or destroyed for no legitimate reason.41
Israel has disputed these claims, insisting that some of these sites were targeted because Hezbollah was using them
as headquarters, military installations and launching sites. In such circumstances, these protected sites lose their
immunity and the IDF is allowed to retaliate under the Law of Armed Conflict. There is adequate evidence to show
how Hezbollah exploited these protected sites to gain military advantages.42
Private property
According to figures provided by the government of Lebanon, 30,000 homes and 30 civilian vehicles were destroyed
or damaged.43
2006, p. 3; Report of the Commission of Inquiry on Lebanon to Human Rights Council resolution S-2/1, General Assembly,
November 2006, p. 26
33 Why they died?, Human Rights Watch report, September 2007, p. 79
34 Ben Israel Yitzhak, The first rocket war, p. 26
35 Winograd report, Chapter 9, p. 353.
36 Civilians under attack, Human Rights Watch report, August 2007, p. 4
2006, p. 37; Report of the Commission of Inquiry on Lebanon to Human Rights Council resolution S-2/1, General Assembly,
November 2006, p. 26
38 Lebanon/ Israel ICRC Bulletin No. 15 / 2006. https://www.icrc.org/eng/resources/documents/news-release/2009-andearlier/lebanon-news-250806.htm
2006, p. 56
2006, p. 26
41 Ibid, p. 47
42 Why they died, Human Rights Watch report, pp. 46-52
43 Ibid, p. 26
45
Impact on civilian life and economy

The 2006 war in Lebanon had a significant impact on the lives of civilians on both sides. On the Israeli side,
Hezbollahs actions resulted in twenty-five to fifty percent of the Israeli population [in the north] fleeing their
homes in cities such as Kiryat Shmona, Karmiel, and Nahariya. Thousands of those who remained spent
days and nights confined to shelters or safe rooms in their homes.44
At least 6,000 houses or businesses in the north were destroyed or damaged during the fighting. Much of the
regions fruit harvest rotted on the trees because farm laborers spent the month in their shelters. More than
a million people were displaced from the north and about a quarter of the regions small businesses had to
be saved from bankruptcy by emergency government support, according to Oded Feller, the president of the
Chamber of Commerce for Haifa and the north. On top of that, 30,000 reservists left their jobs around the
country when they were called up. Most importantly, tourism died completely in the northern beach resorts
and around the Sea of Galilee and was badly hit in the rest of the country. Even if fighting does not break
out again, there are likely to be ripple effects on tourism into next year at least.45
Furthermore, 70% of businesses closed in northern Israel (Federation of Israeli Chambers of Commerce.)46 The
Bank of Israel reported that the 2006 war cost the economy about 5% of GDP. The total cost of the war (includes
military spending and lost GDP) was estimated to be NIS 23bn ($4.8bn.)47
Aftermath
The 2006 Israel-Hezbollah conflict ended on 14 August 2006, with a cease-fire going into effect after UN Security
Council Resolution 1701 of 12 August. The resolution called for a full cessation of hostilities and the withdrawal
of all Israeli forces from Lebanon, followed by the immediate deployment of Lebanese and UNIFIL soldiers
throughout South Lebanon.
As for the long-term solution, the resolution called for the disarmament of all armed groups in Lebanon, including
the Lebanese army and UNIFIL (implying Hezbollah). Other clauses included the unconditional release of the
abducted Israeli soldiers and a call for all sides to respect the blue line and the territorial sovereignty of Lebanon.
The resolution put some heavy limitations on Hezbollah, which could no longer operate openly and build military
strongholds close to the Israeli border. Nevertheless, Hezbollah remained adjacent to the Israeli border and active
across southern Lebanon, usually under a civilian faade. Furthermore, the organization continued to rearm itself.
Today it is estimated that the number of rockets Hezbollah possesses is three to four times greater than the number
of rockets it had before the 2006 conflict. Hezbollahs current arsenal is also significantly more powerful in terms of
range, diversity and accuracy.
Moreover, Hezbollah has changed its tactics with regard to the protection of Lebanese residents. To date, the
organization has moved its launching sites and fighting strongholds into populated areas, relying on the dilemmas
it will cause the IDF should a future conflict arise. In other words, the organization realized that forcing the IDF
to target Hezbollah operatives in civilian areas would undoubtedly raise questions about violations of international
law.
On the Israeli side, there was widespread dissatisfaction and criticism by Israelis towards their own government
soon after the operation ended. This was primarily due to the fact that the operation caused many casualties and
ended without the return of the abducted soldiers. Furthermore, Hezbollah was not completely dismantled and still
possessed a significant arsenal of rockets and missiles.

Lebanon war cost Israel $1.6bn, the Guardian, August 2006.
http://www.theguardian.com/world/2006/aug/15/
israelandthepalestinians.lebanon
46 http://news.bbc.co.uk/2/hi/middle_east/5257128.stm
47 Israeli Ministry of Finance, Haaretz newspaper 13 August
44
45
46
As time passed, it became more apparent that Hezbollah suffered more damage than the organization was initially
willing to admit. Hundreds of its combatants were killed and thousands more were injured. Most notable was the
strategic and psychological effect. Hezbollahs leader, Nasrallah, admitted that if he had known that Hezbollahs
abduction operation would have resulted in such an intense conflict and destruction, he would have refrained from
initiating it in the first place.
Overall, the IDF, through this operation, regained its deterrence ability that had been slightly eroded in the
years before the conflict. The destruction and devastation that was brought upon Lebanon during the conflict,
along with the internal accusation against Hezbollah for dragging Lebanon into the conflict, caused Nasrallah to
carefully rethink his aggressiveness towards Israel. Since the summer of 2006 and into the present-day, there is an
unprecedented calm along Israels northern border which has not been present since the 1970s. In this context, the
price that both sides paid during the 33 days of conflict likely saved the lives of many civilians on both sides. While
we cannot be certain that the relative tranquility in recent years is a direct result of the 2006 conflict or due to other
geo-strategic changes in the region, we must always asses the results of an armed conflict based on the outcome it
generated for the long run.
Conclusions
The IDF went into the 2006 conflict hastily and not completely prepared. As a result, the military maneuvered itself
into an ill-timed, ill-planned war that brought a wave of dissatisfaction within Israel.
As one of the worlds most powerful non-state organizations, Hezbollah is highly skilled and equipped with advanced
weapons and supported by both the local population and more importantly, the states of Iran and Syria. Unlike
Israel, Hezbollah was well prepared for the conflict. On the one hand, they threatened Israels territory with long
range rockets; and on the other hand, they were able to successfully utilize the mountainous terrain of southern
Lebanon to attack the IDFs armored and infantry forces with their deadly ATGMs.
Hezbollah did not risk its own civilians as a deliberate strategy, but there were numerous cases in which it operated
from within populated areas and used protected sites for military purposes. Moreover, Hezbollah indiscriminately
launched thousands of rockets into Israel which posed a deliberate and immediate threat to Israeli civilians.
Under these circumstances, the IDF had no choice but to use overwhelming force to ensure the survival of its forces
and to prevent additional rocket attacks on the Israeli civilian population. Most of the shells and air munitions used
by Israel were distinctive and accurate in nature. Although not technically violations of international law, a few
weapons were considered problematic, namely cluster bombs and phosphorus.48
Nevertheless, the IDF went to tremendous lengths to minimize civilian casualties. This was done in part by
appointing a special task force dedicated to the mission of providing humanitarian solutions to the local population
that remained in the battle zone. Pamphlets and radio broadcasts were used to warn the population in advance
while warning shots were fired around the villages before the attacks. Additionally, humanitarian corridors were
opened and the coordination with humanitarian NGOs was kept throughout the war.
Overall, these methods proved to be effective and most of the villages were almost completely evacuated before the
conflict, which resulted in relatively infrequent contact between IDFs ground forces and Lebanese civilians.
Despite allegations lodged by NGOs, there were no notable records of misconduct or disobedience by IDF soldiers or
deliberate violations of international law. All allegations were brought to the appropriate IDF authorities, including
the Judge Advocate Generals corps and investigated accordingly. Even after such extensive legal oversight, no
significant investigations or proceedings were initiated.
This study has found that the training, expertise and professionalism of the IDF soldiers could have been better.
This was due in large part to the lack of training and equipment for such a conflict. It is important to note, however,
that the lack of professionalism, as this study has singled out, did not significantly affect the IDFs conduct with
regard to humanitarian considerations.
48
Since the 2006 conflict, Israel has not employed their use in combat.
47
There were two events that deserve special attention:

1. Qana- an unfortunate event that was unintentional, and at most can be considered a mistake that is not unlikely
to happen given the circumstances (location, and intensity of the fire).
2. Dahia district it can be argued whether this area was a legitimate military target, given the civilian nature of
the neighborhood. The IDF has claimed that it included headquarters, munitions warehouses and launching sites
heavily embedded within the civilian surroundings which turned them into a legitimate target.
However, Dahia can also be seen in retrospect as one of the tactics which were highly effective in influencing
Hezbollahs reluctance to continue hostilities. The damage caused to the Hezbollah stronghold allowed Israel to
reestablish its deterrence, avoiding additional fighting, damage and most importantly, lasted for a relatively long
period of time. If we examine the proportionality of that action not only from the immediate tactical point of view
but also from a strategic point of view, we can reach a conclusion that the massive attacks against the Dahia was a
proportional act since the goal of long lasting calm was achieved.
Our bottom line is that upon considering the challenges the IDF faced, including the length of fighting, the high
conflict intensity and Hezbollahs capabilities, the outcome, in terms of number of casualties and damage, is
not beyond reasonable, and it certainly does not attest to any systemic excessive use of force that is indistinct or
disproportionate.
Works Cited
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
48
Alfano, Stefano. Nasrallah: If I had known Associated Press. 27 August 2006. Online.
Ben Israel Yitzhak The first Rocket war.
Civilians Under Attack. Human Rights Watch Report. August 2007.
Eiland Giora, Methodology for examining military norms and conduct during armed conflicts in populated areas,
2015.
Erlanger, Steven; Oppel Jr, Richard A. A Disciplined Hezbollah Surprises Israel With Its Training, Tactics and
Weapons.The New York Times. 7 August 2006. Retrieved25 November2011.
Hizballahs Rocket Campaign Against Northern Israel: A Preliminary Report.Jerusalem Center for Public Affairs. 31
August 2006.
Kober, Avi (2008). The Israel Defense Forces in the Second Lebanon War: Why the Poor Performance?The Journal
of Strategic Studies. Vol.31(1):23
Lebanon/ Israel ICRC Bulletin No. 15 / 2006.
Lebanon Sees More Than 1,000 War Deaths. Associated Press. December 2006.
Lebanon: The Aftermath of War, Brussels Tribunal, September 2006.
Lebanon war cost Israel $1.6bn. The Guardian. August 2006.
Protocol III to the 1980 convention on certain conventional weapons
Report of the Commission of Inquiry on Lebanon to Human Rights Council resolution S-2/1. U.N. General
Assembly. November 2006
The war in numbers.Janes Defence Weekly. 23 August 2006.
Why They Died. Human Rights Watch Report, September 2007.
Winograd Commission Final Report, 2008.
Operation Al Fajr
Fallujah, Iraq
7 November 23 December 2004
Professor Gary Hogan
Overview
Operation Al Fajr (New Dawn) was a joint American, British and Iraqi conventional assault on Fallujah, a city in
Al Anbar Province, Iraq. The assault took place in the midst of a counterinsurgency effort by the Coalition forces
against Sunni and Shia militants across Iraq. Operation Al Fajr was launched on 7 November 2004 and ended in a
Coalition victory with Iraqi Prime Minister Ayad Allawi inviting residents back to the city on 23 December 2004.1
During the Operation, there were over 680 U.S. casualties, including 82 killed; 60 Iraqi casualties, including six
killed; and an estimated 2,175 enemy casualties. The number of civilian casualties that occurred during the conflict
remains disputed but is believed to be low. Based on the fact that the majority of civilians had left Fallujah before
the start of the operation, the presence of 91 reporters on the frontline as the battles took place, and the absence of
credible figures for civilians killed, we are confident that there were few civilian deaths as a result of Operation Al
Fajr.
Historical Context
Operation Al Fajr is also known as Fallujah II, as it followed upon Coalition operations in the city the previous
April, which were halted due to international outrage over televised reporting of the assault. The city was then
handed over to former Iraqi generals, who took responsibility for restoring order. When it became clear that the
generals were unable to maintain stability, the decision was made to launch Operation Al Fajr.
A study by the Institute for Defense Analyses draws on extensive interviews with key Iraqis and concludes that
certain Coalition Provisional Authority policies such as de-Baathification, the dissolution of the Armed Forces,
John Sattler & Daniel Wilson, Operation Al Fajr, (2005), Marine Corps Association, http://www.mca-marines.org/gazette/
operation-al-fajr, at 18 August 2015, p3
49
and the failure to provide security alienated the [Iraqi] people and helped set the conditions for the insurgency.
These actions also enabled foreign fighters and criminals to prosper.2
Added to this instability was the fact that Iraq underwent a number of significant changes throughout 2004. One
study characterises the situation in 2004 as chaotic, transitional and condition-setting. First, major force rotations
occurred from January through March as the Coalition contended with critical combat actions in the Sunni triangle
and in the Shia community. Next, Coalition forces and the Iraqi Government underwent major reorganisations
and leadership transitions throughout the summer. Finally, from October through December, the Coalition and
Iraqi Interim Government (IIG) set out the conditions for elections which were to take place in January 2005.3
Duration
Operation Al Fajr was launched on 7 November 2004 and officially concluded when Iraqi Prime Minister Allawi
declared victory and reopened the city to residents on 23 December 2004.4
Intensity
The conflict was very intense, with the on-going operations described as prolonged ferocity to capture the
unrelenting nature of urban warfare against well-prepared adversaries.5 The two months of combat have been
described as some of the most intense fighting experienced by Coalition troops during the Iraq War. According to
Bing West, There were 540 air strikes and 14,000 artillery and mortar shells fired, as well as 2,500 tank main gun
rounds. Eighteen thousand of Fallujahs 39,000 buildings were damaged or destroyed.6
Terrain
Fallujah is a city in the Iraqi province of Al Anbar. The area is a dense urban environment and takes up roughly
25 square km.7 The city is located on the Euphrates River, approximately 69 km west of the Iraqi capital Baghdad.
Population
The population at the beginning of 2004 was estimated to be approximately 300,000 people.8 That figure gives
Fallujah a population density of 12,000 residents per square km at the beginning of 2004. Given the high population
density present in Fallujah, commanders placed great importance on avoiding civilian casualties as plans were
drawn up during the pre-assault shaping phase. Significant attention was placed on encouraging civilians to leave
the city before the military operation commenced.
Urgency
It is clear that enemy combatants had established Fallujah as the key planning and supply centre for terrorist
operations throughout Iraq.9 The threat to the civilian population, military forces and government of Iraq was
severe. The intention was not only to kill and maim civilians across Iraq, but also to sow social discord, specifically
sectarian tensions and conflict, and undermine the legitimacy of the Interim Iraqi Government.10
In order to reduce the number and severity of terrorist outrages, including the killing and maiming of civilians
across Iraq, the capabilities marshaled in Fallujah by the enemy combatants had to be neutralised. Furthermore,
Knarr and Castro, 12
Dr William Knarr and Major Robert Castro U.S.MC (with Dianne Fuller), The Battle for Fallujah: Al Fajr the Myth-buster,
Institute for Defense Analyses, Joint Advanced Warfighting Program, IDA Paper P-4455, September 2009, xi
4 Sattler, 3
5 Molan, 240
6 Bing West, No True Glory: A Frontline Account of the Battle for Fallujah, Random House, New York, 2005, 509
7 McWilliams, 3
8 Chang, 32
9 Ibid, 33; Molan, 172; Sattler, 1
10 Molan, 172
2
3
50
with Iraqs elections scheduled for early in 2005, it was essential that the ongoing terrorist threatas well as the
spectre of sectarian division and conflict that it encouragedwas addressed in a comprehensive and effective
manner.11 Although alternatives to a military operation against the enemy in Fallujah were considered, it was
decided that Iraqi civilians could be protected and the Iraqi election could progress by eliminating the terrorists
who were attacking Fallujah prior to Operation Al Fajr. 12 This could only be done by a concerted assault against
the enemy combatants.13
Immediate Cause of Conflict

The Coalition mission in Operation Al Fajr was to destroy anti-Iraqi forces in Fallujah in order to establish legitimate
local control. The intent was to eliminate Fallujah as an insurgent sanctuary, to set conditions for local control of
the city and to support wider efforts to secure approaches to Baghdad. Furthermore, the operation was conducted
to support the January 2005 election and to further U.S. objectives and strategy in Iraq.14
Military Forces
Capabilities
The Coalition forces comprised approximately 13,000 troops, including 10,500 troops from the United States, 2,000
from Iraq and 850 from the United Kingdom. Coalition forces were supported by tanks, artillery and aircraft.15
Taking measures to minimise civilian casualties and damage

The Coalition forces had the time and space to shape the battle environment prior to launching Operation Al
Fajr.16 The Coalition leadership was determined to abide by international law and to minimise civilian casualties.17
Rules of Engagement (ROE) were developed specifically to minimise the possibility of killing civilians, especially
when targeting combatants in the middle of a city.18 In addition to the standard ROE applicable to operations
in Iraq, ROE that apply to handling the special conditions that apply to Fallujah were given to the Corps as an
order.19
Coalition forces also took a number of actions designed to reduce the potential for confrontation that could lead
to civilian deaths. These included buying weapons from the population rather than conducting searches in homes
which would disrupt life and risk civilian casualties, creating employment opportunities for civilians to counter
the insurgents who offer money to the unemployed to plant roadside bombs, and using police rather than heavily
armed soldiers to enforce the law.20
The imperative to minimise civilian casualties was accentuated by the Coalitions Fallujah experience earlier in
2004. It was clear that any civilian casualties would be exploited by the enemys efficient public communications
strategy. As Bing West observed of operations in Fallujah the previous April: In three weeks of fighting, eighty-two
buildings and two mosques had been bombed. The average number of air strikes per day was four. Massive civilian
casualties, however, became the accepted storyline. The Coalition made no institutional effort to rebut each false
11
12
13
14
15
16
17
18
19
20
Sheridan, 118
Molan, 172
Sheridan, 118
Jim Molan, Running the War in Iraq: An Australian General, 300,000 Troops, the Bloodiest Conflict of Our Time (2008), 222
Molan, 183
Molan, 185
Ibid
Ibid, 200
Ibid
51
report or to conduct systematic assessments. Given the imagery from the UAVs and from every air strike, records
were certainly available to inform the press. In the absence of such data, however, Al Jazeera shaped the story.21
Rules of Engagement
The leadership of the Coalition forces understood the obligation to protect civilians and minimise the potential for
civilian deaths in military operations targeting enemy combatants. Specifically, targeting and operational decisions
were informed by reference to three principles:
1) 1. Military Necessity: Is this act that I am about to commit necessary for military reasons?
2) 2. Discrimination: Can I discriminate sufficiently between civilian and military targets?
3) 3. Proportionality: Am I likely to cause destruction or suffering disproportionate to the expected military gain, even
against legitimate targets?
In each case, these considerations were evaluated by a senior military and civilian team. In cases where an action
was likely to lead to civilian deaths, the benefit of achieving the military objective was considered before concrete
action was taken.22
ROE cards normally held by Coalition forces were also translated into Arabic and given to Iraqi forces. Prior to
operating in Fallujah, instructions on both ROE and the Law of Land Warfare were provided to the Iraqi Security
Force elements. According to one study, This was a prime example of teaching the Iraqis the importance of the
rule of law, which in turn supported Information Operations because it reduced collateral damage and provided
more protection for non-combatants.23
Command level required for authorisation of attack

Coalition forces employed the highest level of supervision to ensure targeting complied with international law.24 In
addition to targeting decisions being made by the most senior officer in Iraq, there was significant oversight by the
U.S. Secretary of Defense Donald Rumsfeld.25 In providing advice to the senior military and civilian leadership,
the targeting team was comprised of the head of targeting, an operational lawyer, and the commander of Coalition
troops during Fallujah, Australian General Jim Molan.26 The aim of avoiding civilian deaths was assisted by realtime imagery from unmanned drones that provided details on the presence of combatants and non-combatants.27
While General Molan and his team recommended whether to proceed with a strike or not, the final authorization
rested with U.S. General George Casey, commander of U.S. forces in Iraq.28
Author Bing West describes the level of risk aversion which dominated target engagement authorisation: The
[U.S.MC] division had more than two hundred targets confirmed by reliable sources, such as the Watchdogs
[UAV]. But the military coalition at the Baghdad level, fearing adverse press coverage and collateral damage,
approved strikes on fewer than twenty targets. Concerned about their own casualties, more than a few Marines
were angered by the approval process.29
21
22
23
24
25
26
27
28
29
52
West, 285-286
Molan, 189-190
Molan, 185
Ibid, 191
Molan, 197
Ibid, 198
Molan, 203
West, 423
Force protection v. civilian protection

The desire to limit civilian casualties often put coalition troops in increased danger. According to General Molan,
We could have flattened the city in a night, and killed everyone there (and lost no marines) but that would have
been wrong.30 While force protection was a high priority, it was balanced by the commitment to minimise civilian
deaths. For instance, although enemy forces used mortars at least 60 times during the initial assault, Coalition
troops only responded to 47 of those attacks as a result of concerns for civilian protection.31
Rules during special situations requiring immediate decisions

Despite the best efforts by the Coalition leadership to develop robust ROEs that were specifically designed to
minimise collateral damage when targeting combatants in the middle of a city, there was a recognition that the
ROE could not cover every situation and decisions would have to be based on sound moral judgments.32 These
judgments were often informed by special intelligence, which provided high quality, reliable information. This
intelligence allowed commanders to reach their decisions based on an accurate weighing of considerations which
included the presence or absence of civilians.33
Use of Force
Choice of weapon (accurate v statistic/lethal vs non-lethal)
The Coalition leadership consistently claimed that minimising collateral damage was one of their highest priorities.34
The goal of avoiding civilian casualties led Coalition troops to weigh military necessity against the number of
civilians who might die. That consideration may include the harm that the target (i.e., a suicide bomber) might cause
to civilians in Fallujah or elsewhere in Iraq.35 In all cases, the decision had to have a defensible and accountable
judgment. And the supporting intelligence had to be convincing.36 Furthermore, if the target was in a residential
area at night, additional options had to be considered, including delaying the strike until the following day when
there might be a better chance of avoiding civilian casualties.37
The leadership of the Coalition forces had available to them an unprecedented array of weapons. Nonetheless, the
leadership consistently chose weapons and capabilities that would achieve the military purpose while at the same
time provide for the minimisation of civilian casualties.38 Highly accurate weapons such as the Joint Direct Attack
Munition ( JDAM) 500lb bomb, which uses highly accurate satellite navigation systems to hit within a few metres
of the target, were most commonly used.39 Weapons such as the JDAM were used instead of larger bombs, which,
although more effective militarily, may have led to more civilian casualties.40
Furthermore, there was a reliance on Special Forces troops, both to attack high value targets and to provide
intelligence to assist in target authorization.41 One analyst attributes Marines use of technological superiority
30
31
32
33
34
35
36
37
38
39
40
41
Greg Sheridan, The Partnership: The Inside Story of the U.S.-Australian Alliance under Bush and Howard, (2006), pp 118-119
Molan, 236
Molan, 185
Ibid, 203
Ibid, 200
Ibid, 201
Ibid
Ibid
Ibid, 191
Molan, 191
Ibid, 192
Molan, 192
53
in innovative ways, combining snipers, forward air controllers and precision weaponry to create a degree of
discrimination in urban combat never before seen.42
Alternatives to bombs were also widely used. For example, the diverse cannons on AC-130 aircraft allowed pilots to
use weaponry with smaller blast radii than bombs and thus decrease collateral damage.43 The accuracy and utility
of the AC-130 was emphasised by the leadership of the coalition forces who often preferred its capabilities to that
of more traditional bomber aircraft.44
In relation to heavy armour, it was also decided that the use of the M1A1 tanks 120mm main gun with highexplosive anti-tank rounds was best for military operations on urbanised terrain (MOUT). These munitions
minimised collateral damage by restricting damage to a single room, as opposed to the 12.7mm machine gun which
often penetrated many walls with its armour piercing rounds.45
Target definition (distinction between legitimate and illegitimate targets)

An important technological development that assisted in the Coalitions effective target definition was the deployment
of unmanned aerial vehicles (UAVs) which consistently provided highly accurate targeting information.46 Despite
this technology, there were still difficult judgments to make when determining whether a target was legitimate or
illegitimate. For example, of the 140 mosques in Fallujah, 66 were discovered to have been fortified and used to store
weapons while others were used as vantage points for enemy combatants to fire on Coalition forces.47
Use of force when civilians on the military side are attacked

Coalition forces came under significant pressure to act decisively when enemy combatants killed civilians inside
Fallujah and across Iraq. These included the recorded beheadings of three British contractors, Eugene Armstrong,
Jack Hensley, and Kenneth Bigley; and one Japanese contractor, Shosei Koda.48 Despite this brutality, the Coalition
leadership was determined not to hastily rush into military operations, such as the one undertaken in Fallujah the
previous April.

A key success in the shaping of the battle environment in Fallujah was the effectiveness of Coalition efforts to
encourage civilians to leave Fallujah in advance of the launch of Operation Al Fajr. While estimates of civilians
departing from Fallujah before the military operation vary between 50 and 90 percent, it is clear that a majority of
the civilian population had departed prior to the conflict.49 Some estimates have indicated that only 500 civilians
were in Fallujah at the time of Operation Al Fajr.50
The Coalition forces sought to reduce support for the insurgency and separate the insurgents from the residents
of Fallujah through a comprehensive campaign that included radio broadcasts and dropping leaflets on the city.
To defeat al-Qaedas claims that the Coalitions precision attacks against high-value targets killed innocent noncombatants, additional communications explained to the public who the attacks were targeting and why. The
communications also informed Fallujahs residents that the insurgents presence and activities kept locals from
Anderson, COL Gary W. (U.S.MC Ret), Fallujah and the Future of Urban Operations, Marine Corps Gazette, Vol 88, No 11,
November 2004, 54
43 Tao-Hung Chang, The Battle of Fallujah: Lessons Learned on Military Operations on Urbanized Terrain (MOUT) in the 21st
Century, (2007), Institute for Defense Analyses, Vol 6, Issue 1, Fall 2007, 35
44 Molan, 236
45 Chang, 35
46 Ibid, 35
47 Sheridan, 118
48 Timothy McWilliams & Nicholas Schlosser, U.S. Marines in Battle: Fallujah, November December 2004, (2014), 4
49 Molan, 226
50 Chang, 34
42
54
receiving humanitarian aid, halted the restoration of essential services and stalled investment that would revitalize
the city.
By October 2004, the communications included more pointed leaflets, broadcasts from aircraft and other
warnings in the media.51 The Coalition also staged nightly attacks against the enemy leadership, contributing
to the effort promoting the departure of civilians.52 Furthermore, the Coalition promised millions of dollars in
development assistance to the city once it had been cleared of enemy combatants.53
Humanitarian Treatment
The Coalition leadership was determined to provide humanitarian assistance to the people of Fallujah, in part so
they would recognise the benefit of the Coalitions presence, and contrast it positively with the experience of living
with the enemy combatants.54 Indeed, humanitarian assistance was one of General Molans 42 pre-conditions
for launching Operation Al Fajr.55 Concerning medical treatment, the Coalition forces provided significant
treatment for civilians and wounded enemy combatants in Fallujah, including the establishment of a civilian
medical evacuation system independent from the militarys own.56 Furthermore, in the aftermath of the conflict,
the Coalition established a number of humanitarian relief sites which provided assistance to 87,620 residents of
Fallujah.57
When collateral damage did occur, Coalition forces had developed a response of reconstruction and reimbursement
of damages. This became a key pillar of Coalition Information Operations. Within 24-48 hours of a school or other
civilian installation being damaged, a local contractor and civil affairs personnel would begin reconstruction even
as fighting continued nearby. According to one study, developing, funding and executing reconstruction projects
on the heels of combat operations was critical to success.58 In total, the Coalition allocated at least $100 million
for reconstruction in Fallujah.59 In considering the type of assistance most necessary and useful to the residents of
Fallujah, the Coalition created a civil affairs program that engaged representatives from Fallujah, known as the
Fallujah Liaison Team.60
Professionalism
The Coalition forces were highly professional and disciplined.61 Throughout the Iraqi campaign, Coalition troops
had demonstrated that acts by the U.S. military against international law were isolated, and when they did occur,
they were condemned and investigated by the U.S. military.62 General Molan later described the U.S. Army as
the most competent military force in the world, which abides by international law during conflict and makes few
mistakes.63 According to the General, the morality of the U.S. force is as high as you could get.64
An example of the Coalitions professional conduct and the measures taken to observe the Geneva Conventions was
evident in their policy on the clearance of mosques. The Geneva Convention protects culturally sensitive areas
unless they are being used for military purposes, whereupon they lose their protected status. In most cases, despite
Molan, 204
Ibid, 205
Ibid, 206
Sheridan, 200
Ibid, 219
Molan, 220
Sattler, 3
Knarr and Castro, above, 40
Ibid, 220
McWilliams, 11
Matthews, Matt, Operation Al Fajr: A Study in Army and Marine Corps Joint Operations (2007) Combat Studies Institute
Press, 41
62 Sheridan, 127
63 Ibid, 121
64 Ibid, 120
51
52
53
54
55
56
57
58
59
60
61
55
the fact that a mosque lost its protected status under the Geneva Convention, the Coalition opted for Iraqis to clear
the site so the insurgents would be unable to exploit it for their information campaign.65
The level of military professionalism also extended to the treatment of dead enemy combatants. Coalition forces
set up a mortuary east of Fallujah and Muslim clerics were brought in to ensure that the bodies were prepared and
buried in accordance with Islamic rites.66 Following the fighting in Fallujah, Humanitarian Assistance Sites were
established throughout the city and provided food, water and clothing to the returning residents [and]every head
of household was immediately paid $200 for damages.67
Investigations into alleged violations

The Coalition leadership anticipated allegations against Coalition forces, and so took measures to minimise the
potential for allegations arising and to respond promptly to allegations when they did arise. General Molan was
personally responsible for investigating allegations and reporting to General Casey within an hour of an alleged
violation.68 During these classified briefings, General Molan described to General Casey the outcomes and issues
arising from the attack.69 Predator video footage, with its ability to record real-time information, proved to be
important in proving or disproving allegations.70 Furthermore, the Head of Targeting at Corps Headquarters,
led a large team of information specialists to follow the assault troops into the city and immediately document
transgressions of international law, including by the enemy.71
There were a number of investigations, including three into reports of Coalition troops firing on medical clinics.
The investigations found that three of the buildings were used by insurgents to fire at coalition troops while the
fourth had not been used as a clinic for several years.72
Coalition forces also travelled with 91 embedded reporters representing 60 media organisations. These reporters
were allowed to report on anything that did not risk the mission.73 The presence of the reporters ensured that
violations of international law would have been reported, as was the case in relation to accusations of unlawful
killing of injured Iraqis in a mosque. In reviewing the effectiveness of the embedded reporters, General Conway
estimated that 95 percent of reporting by embedded reporters was accurate.74
One accusation stemming from video footage made by an embedded reporter alleged that a U.S. Marine shot four
wounded enemy combatants on 13 November. The allegation was investigated by the Naval Criminal Investigative
Service which found that the Marine had acted in self-defence. The NCIS investigation found that feigning death
was a tactic employed by enemy combatants who subsequently fired on coalition troops.75 During the investigation,
prosecutors considered multiple witness accounts, close review of video showing the incident captured by an
embedded reporter and detailed ballistics and forensic evidence.76

Ibid, 71
67 Knarr and Castro, 73
68 Ibid, 228
69 Molan, 204
70 Ibid, 229
71 Ibid
72 Ibid, 239
73 Chang, above n 22, 34
74 Chang, 36
75 McIntyre, Jamie, Marine Cleared in Videotaped Shooting, (2005), CNN, http://edition.cnn.com/2005/U.S./05/05/falluja.
marine/index.html?eref=sitesearch, at 19 August 2015
76 Ibid
65
66
56
Enemy forces
Enemy Objectives
The enemys ideology was to return Iraq to a Sunni Caliphate similar to that of the 14th Century. That involved
killing Shia in the belief they were apostates, defeating the Iraqi government and killing and defeating Coalition
forces.77
Rules of Engagement (de jure and de facto)

The enemy did not have formal ROEs. Its rules of engagement focused on attacking the Coalition forces and
inflicting maximum destruction. These de facto ROEs did not take into account the safety of civilians.
Capabilities
At the start of Operation Al Fajr, there were approximately 3,000 enemy combatants in Fallujah.78 The enemy had
been fortifying the city and had established 306 well-constructed defensive positions.79 In terms of communication
capabilities, the enemy had radios across all units and called in mortar fire with cell phones.80
As Bing West observes: In April, Fallujah was defended by about five hundred hard core and a thousand parttimers. Seven months later the estimate had doubled to a thousand hard core and two thousand part-timers,
although how many had fled in late October was unknown. Eager to show they were ready to repel the Marines,
the insurgents welcomed Arab reporters. From press stories and numerous agent reports, a composite picture of the
insurgents emerged. They were clustered in groups of four to twenty, each with a leader and a spiritual commissar.
Their daily training consisted of weapons handling, studying the Koran, and watching videos of suicide bombers
and attacks on Coalition forces. With months to prepare, they had dug trench lines, rigged daisy chains of explosives
along alleyways, hauled buses and trucks as barriers across the main streets, and planned fallback positions.81
Relationship to the Civilian Population

The enemy combatants had declining support among the civilian population due to the imposition of harsh sharia
lawincluding torture and abuse of civiliansand the presence of foreign fighters.82 The enemy was not interested
in protecting civilians. Indeed, its interest lay in the propaganda value of the Coalition wounding or killing civilians.
Thus, it was left to Coalition forces to protect the civilians in Fallujah.83

The enemy combatants in Fallujah represented a threat to civilians, particularly Westerners they had taken hostage
and were executing, and Iraqi civilians throughout Iraq who were victims of the improvised explosive devices
(IEDs) produced in bomb factories in Fallujah. There were 19 IED factories in Fallujah.84 The presence of foreign
fighters and torture chambers evidenced the hard-core nature of the on-going threat to civilians, both in Fallujah
and throughout Iraq.85 Indeed, the enemy leadership had turned Fallujah into supply centre for terrorist and suicide
bomber attacks in Iraq.86
77
78
79
80
81
82
83
84
85
86
Sheridan, 119
Sattler, 1
Molan, 211; Sattler, 1
Molan, 212
West, 411-412
Ibid, 205; Sheridan, 118
Molan, 169
Sheridan, 118
Sattler, 1
Chang, 33
57
Aside from the threat to civilians, enemy combatants also posed a significant threat to Coalition forces. Their forces
were well prepared, well drilled and had physically shaped the battle environment through building fortifications,
killing zones and denying areas such as rooftops to the Coalition troops.87 The enemy combatants had also
developed sophisticated killing zones. These included imaginative IED ambushes and efforts to lure Coalition
troops into killing zones by deliberately placing some enemy combatants in full view.88
By utilizing these tactics, the enemy was able to draw Coalition forces into close combat. A pattern emerged
whereby insurgents would first engage the Coalition forces with rifle fire or IEDs and later direct sniper fire at
commanders and radio operators. If during this exchange an armoured vehicle was called in by Coalition forces, it
was usually met by a barrage of RPG fire.89
In the pre-Operation Al Fajr phase, the enemy leadership used to meet in populated areas in order to lessen the
chance of attack by Coalition forces. However, during Operation Al Fajr, while the presence of civilians continued
to impede Coalition actions, there were so few that the opportunity for the enemy to hide among civilians was
greatly reduced.90 In regards to warning the civilian population beforehand, there is no evidence to suggest that the
enemy took any precautions whatsoever to prevent civilian casualties.
Use of Force
The choice of weapons by the enemy was influenced by its preference to engage the Coalition forces in close combat.
This involved small arms, IEDs and RPGs.91 Indeed the fighting was, at times, so close that it involved knives and
bayonets.92 The enemy also used weaponry such as mortars and complex IED ambushes.93 Investigations after the
Operation concluded 653 IEDs had been detonated or found in Fallujah, along with 229 weapons caches.94
Use of civilian infrastructure for military purposes

The enemy consciously used civilian infrastructure such as schools, mosques and hospitals for military purposes,
both to afford their actions some protection from attack and to gain propaganda advantages by provoking attacks
on protected buildings such as hospitals and places of worship. For example, of the 140 mosques in Fallujah, 66 were
used as weapons stores while three medical clinics were used by enemy combatants to fire on Coalition forces.95 One
of the key characteristics of the battle was the enemys decision to bring the battle inside the city rather than fight
at its edges, where Coalition long-range weapons would have been more effective. As a result, the battle took place
in the heart of the city, delivering more damage to civilian infrastructure.96
In his award-winning analysis of Operation Al Fajr, author Gary Anderson comments on the inherent challenges
this presents as follows: situations where fighters hide in protected sites, such as mosques and among civilians
[and]where civilians are used as willing or unwilling shields, remain problematic. We knew the situation would
arise but we still lack the tools to effectively deal with it. The enemy used situations where we were forced to fire into
areas with civilians and fighters intermixed, as well as damage to mosques, to their own propaganda advantage
The use of mosques, schools and other protected sites to fight from, as well as the use of women and children as
shields, has been anticipated since Somalia and Grozny, but the systematic use of the propaganda value of having
Americans firing at mosques was broadcast to the world, particularly the Arab world, much more quickly than ever
87
88
89
90
91
92
93
94
95
96
58
Ibid, 33
Molan, 234
Ibid, 233
Chang, 34
Molan, 233
Ibid, 234
Ibid, 235
Ibid, 244
Sheridan, 118; Molan, 239
Ibid, 215
before. To some extent, the Islamic medias version of embedded journalists was something of a backhanded tribute
to the first phase of Operation Iraqi Freedom.97
According to Andersons study, enemy tactics extended beyond the use of protected areas only as static places of
refuge. Fighters rapid reaction forces in Fallujah were transported around the urban battlefield by means of school
buses and ambulances.98 As noted above, the enemy had turned Fallujah into the supply and operations centre for
terrorist and suicide bomb attacks across Iraq.99
Outcomes
The two-month conflict ended in late December 2004 with a decisive Coalition victory. The Insurgency had been
driven out and Coalition troops had regained control of the area. On 23 December, Iraqi Prime Minister Ayad
Allawi announced the success of the operation and invited residents back to the city. In their work entitled The
Battle for Fallujah, Dr. William Knarr and Major Robert Castro conclude that the mission was accomplished and
that Al Fajr was an unequivocal military victory.100
Casualties
Reports of civilian casualties during Operation Al Fajr vary. An official account indicates that as of 10 December
2004, one civilian had been killed and 66 wounded.101 Another report developed by Democracy Now claimed
800 civilians had been killed.102 However, the report cites independent journalist, Dahr Jamail, who quotes an
unnamed Red Cross official as estimating 800 civilians dead. In our extensive research for this study, we have not
found another source to support the figure provided by Democracy Now, even after searching Red Cross databases.
Moreover, we have found no reports of the Red Cross operating in Fallujah at the time of Operation Fajr.
Additional evidence also suggests the figure of 800 civilians killed is not credible. As previously noted, as few as
500 civilians might have been present in Fallujah at the start of Operation Al Fajr.103 Furthermore, Coalition forces
conducted the operation with 91 embedded reporters, who represented 60 media organisations.104 As we have seen
from the investigations that took place after allegations of misconduct by Coalition troops, the killing of hundreds
of civilians would have created an international controversy.
On the enemy side, there were 2175 casualties as of 23 November 2004. The final number of insurgents killed was
over 3000, which was tallied by the number of bodies recovered.105
As of 10 December 2004, there were 72 Coalition troops killed and 648 wounded This number included 293 who
were only slightly wounded and were able to return to duty.106 By the end of the operation, the U.S. troops suffered
82 killed and over 600 wounded while Iraqi forces suffered six dead and 55 wounded.107
Anderson, COL G.W. (USMC, Ret), Fallujah and the Future of Urban Operations, in Marine Corps Gazette, Vol 88, No 11,
November 2004, 53
98 Ibid, 54
99 Chang, 33
100
101
Molan, 241
102
Amy Goodman, Red Cross Estimates 800 Iraqi Civilians Killed in Fallujah, (2004), Democracy Now! Independent
Global News, http://www.democracynow.org/2004/11/17/red_cross_estimates_800_iraqi_civilians at 19 August 2015
103
Chang, 34
104
Ibid, 34
105
Molan, 240
106
Ibid, 241
107
McWilliams, 66
97
59
Damage to property and infrastructure

At the beginning of Operation Al Fajr, Fallujah had an estimated 17,432 public and private structures. Post-conflict
assessments indicate that between 10 and 25 percent of these structures were destroyed or severely damaged.108 In
terms of cost, post-conflict surveys conducted by the Interim Iraqi Government estimated the total damage to be
U.S. $493 million.109
In line with the overall figure of damaged buildings, it is estimated that around 10 percent of protected sites were
destroyed or damaged during the operation. It is important to reiterate that mosques and medical clinics had been
used by enemy combatants for military purposes, thereby removing their protected status.
Overall economic impact

Prior to Operation Al Fajr, Fallujah had a population of approximately 300,000 people.110 As noted above, most
of the civilians departed the city before Operation Al Fajr commenced.111 In the post-conflict period, specifically
between December 2004 and March 2005, 90,000 residents had returned to Fallujah. By August 2005, that number
had increased to 180,000 residents.112
Although reliable estimates of economic impact are not available, it is obvious that normal economic activity in
the city of Fallujah was severely disrupted during the conflict. With the return of residents post-conflict and the
reconstruction funds provided by Coalition forces, economic activity slowly began to resume in the area.
Assessment
Overall, Coalition forces displayed professionalism and adhered to international laws governing the use of force
during conflict. The author of this study found the professionalism of the military forces to be exceptional and
substantiated simply by the presence of embedded media. While there were instances of questionable conduct,
these were rare, widely reported and appropriately investigated. Nonetheless, the aim is to be beyond reproach on
these important matters.
The greatest cost to the Coalition for its determination to minimise collateral damage was the casualties it sustained.
As stated earlier, it would have been possible to eliminate the enemy combatants without subjecting Coalition
troops to danger. Nonetheless, the priority the Coalition leadership afforded abiding by international law and
minimising collateral damage meant that the dangerous and painstaking job of clearing the city house by house had
to be undertaken. As a result, by 10 December 2004, Coalition casualties included 72 dead and 648 wounded.113
On the other hand, insurgents acted unprofessionally and ignored international laws of warfare. One of the key
aims of the insurgents was to promote sectarian violence through committing violent attacks against the Shia
(although it is probable that they also attacked Sunnis) to provoke a violent response. With that objective, which is
completely counter to Western notions of the rule of law, it is not surprising that lawlessness characterises much of
their actions. Accordingly, it is not just the lawless actions, but the systemic threat that they represented, that made
it vital to develop an effective counter.
The insurgents actions reflect their different world view and limited capabilities. In addition to deploying
overwhelming military force against an adversary with limited capabilities, the Coalition needed to properly
understand the insurgents world view in order to counter their appeal to other Sunnis. In this context, the lesson
from Fallujah may be that a military victory, or even a succession of military victories, in the same location against
Molan, 243; Jim Miklaszewski, Still Locked Down, Fallujah Slow to Rebuild, (2005), http://www.nbcnews.com/
id/7503610/#.Vde_GOkVhLM, at 20 August 2015
109
Molan, above n 2, 248
110
Chang, 32
111
Ibid, 34
112
Molan, 254
113
Molan, 241
108
60
largely the same adversary, does not deliver ultimate victory, or victory in the strategic sense. This challenge may
be a recurring challenge in future conflicts.
Works Cited
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Anderson, Colonel Gary W. (U.S.MC Ret), Fallujah and the Future of Urban Operations, Marine Corps Gazette,
Vol 88, No 11, November 2004
Ballard, John, Fighting for Fallujah: A New Dawn for Iraq, (2006)
Chang, Tao-Hung, The Battle of Fallujah: Lessons Learned on Military Operations on Urbanized Terrain (MOUT)
in the 21st Century, (2007), Institute for Defense Analysis, Vol 6, Issue 1, Fall 2007
Doran, John, The Reality of Australias Collateral Damage in Iraq, (2008), http://onlineopinion.com.au/view.
asp?article=7710, at 21 August 2015
Goodman, Amy, Red Cross Estimates 800 Iraqi Civilians Killed in Fallujah, (2004), Democracy Now! Independent
Global News, http://www.democracynow.org/2004/11/17/red_cross_estimates_800_iraqi_civilians at 19 August 2015
Knarr, Dr William and Castro, Major Robert, U.S.MC (with Fuller, Dianne), The Battle for Fallujah: Al Fajr the
Myth-buster, Institute for Defense Analyses, Joint Advanced Warfighting Program, IDA Paper P-4455, September
2009
Lyman, Robert, Iraq 1941: The Battles for Basra, Habbaniya, Fallujah and Baghdad, (2006
Matthews, Matt, Operation Al Fajr: A Study in Army and Marine Corps Joint Operations (2007) Combat Studies
Institute Press
McIntyre, Jamie, Marine Cleared in Videotaped Shooting, (2005), CNN, http://edition.cnn.com/2005/U.S./05/05/
falluja.marine/index.html?eref=sitesearch, at 19 August 2015
McWilliams, Timmothy & Schlosser, Nicholas, U.S. Marines in Battle: Fallujah, November December 2004,
(2014)
Miklaszewski, Jim, Still Locked Down, Fallujah Slow to Rebuild, (2005), http://www.nbcnews.com/id/7503610/#.
Vde_GOkVhLM, at 20 August 2015
Molan, Jim, Running the War in Iraq: An Australian General, 300,000 Troops, the Bloodiest Conflict of Our Time
(2008)
ODonnell, Patrick, We Were One: Shoulder to Shoulder with the Marines Who Took Fallujah, (2006)
Ryehani, Rowan, The Legality of the Use of white Phosphorous by the United States Military during the 2004
Fallujah Assaults, (2006)
Sattler, John & Wilson, Daniel, Operation Al Fajr, (2005), Marine Corps Association, http://www.mca-marines.org/
gazette/operation-al-fajr, at 18 August 2015
Sheridan, Greg, The Partnership: The Inside Story of the U.S.-Australian Alliance under Bush and Howard, (2006)
West, Bing, No True Glory: A Frontline Account of the Battle for Fallujah Random House, New York (2005)
61
Operation Serval
Sahel Region, Africa
11 January 30 July 2013
Dr. Bruno Tertrais
Background
Duration and Intensity
The operation lasted seven months (early January to 30 July 2013). Initial operations (Serval-1, January-March
2013) included three distinct phases. First was the containment phase, which lasted from 11 January to 25 January.
Next, two battalion-sized forces led the northward conquest of the Niger Crescent from 25 January to 1 February. As
the deployment of Serval forces was finalized, operations deep into Malian territory could begin. These operations
included the rush to Timbuktu (4 to 9 February); the takeover of Gao and the reduction of Movement for Oneness
and Jihad in West Africa (MOJWA)-held wadis (10 to 24 February); and most importantly, the long and difficult
cleanup of the valleys held by Al Qaida in the Islamic Maghreb (AQIM) in the high desert (19 February to 2
April), a period which also saw residual fighting around Timbuktu (22 to 31 March). This 3-month high-intensity
operation was followed by stabilization and transition phases (Serval-2 and Serval-3).
Terrain and Population

The territory of Mali covers approximately 1,240,200 km/sq. Initial operations took place in the central part of
Mali (Niger Basin), in particular along the Niger river, where major urban centers are located including Mopti
(115,000) and the nearby town of Svar (40,000). Subsequent operations took place in Northern Mali, a mineral
desert the size of France (about 1000 x 1000 square kilometers). Key cities include Gao (88,000) and Timbuktu
(55,000), which together represent about 95% of the population of Northern Mali. Heavy fighting took place in
two mountainous regions of the high desert of the North, the Adrar Tirgharghar (and the Ametatta valley) and the
Adrar des Ifhogas. While most of the combat operations have taken place in desert areas, several significant ones it
has also happened in low-to-moderate density urban environments such as villages and towns.
62
The Malian population was overwhelmingly supportive of the French operation. In the North, citizens had been
subjugated by jihadist groups which imposed harsh rule over their communities. Only a few individuals supported
these groups, mostly for material reasons such as financial gain.
Serval was conducted in extreme conditions in terms of weather and distances. French units were often driven to
take liberties with established patterns of doctrine. Area control was stretched to the limits.1 A battalion of 500 could
be stretched on a distance of 500 kilometers (normally the distance covered by the deployment of a 5,000-strong
brigade).
Urgency
The operation took place in light of the growing terrorist threat in the Sahel region, which affected French core
interests directly. Abductions and various attacks carried out by insurgents and terrorists in the region threatened
French nationals as well as the political and economic stability of the region which included a number of French
business operations. Operation Serval was launched in January 2013 when preparations for a southward offensive
of jihadist forces were detected. Given the increasing number of jihadist forces operating in North and Central
Africa, the operation was viewed as necessary to prevent the Malian state from collapsing and falling under the
control of various insurgent and terrorist groups.
Historical Context
Mali had been plagued for several years by a weakening of the state, the development of cross-Saharan trafficking,
and the growth of radical Islam, encouraged by Pakistani imams. The civil war in Libya led to the creation of the
National Movement for the Liberation of Azawad (NMLA) by returning veteran Tuareg fighters, which sought the
secession of Northern Mali. Separately, the presence of jihadist groups became stronger in the region. This included
AQIM, the MOJWA, a Gao-based Black African offshoot of AQIM created in 2011 (refusing subordination to
Algeria-based groups), as well as Ansar Dine (AD), a breakaway salafist Tuareg movement created in 2012 which
was joined by many NMLA fighters. During the Spring, which saw the complete crumbling of the State authority,
a NMLA-AD alliance groups conquered Northern Mali; soon after, AD and MOJWA ejected the NMLA, leading
to the creation of a jihadist breakaway State.
In France, contingency planning for a major operation in Mali had begun months before, with the expectation
that it would be in support of a pan-African intervention. Significant intelligence had been acquired by the French
services, which was on the ground already, reportedly eliminating several tens of terrorists in the previous months.
The permanent presence of French forces in a nearby country as well as the existence in France of a quick Army
reaction force primarily designed for urgent African operations also contributed to the ability of Paris to react
immediately.
Immediate Causes of the Conflict

On 6 January 2013, French intelligence detected the preparations of an offensive towards the South by 1,200 AD
fighters and numerous (up to 200 according to some sources) vehicles assembled near Konna in Central Mali.
During the next three days, there was evidence of coordination between AD and demonstrators in the capital
Bamako. AD took Konna on January 10. The Malian armed forces were overwhelmed and fled. Paris believed that
the jihadists were about to take Mopti and Svar, leading to the complete collapse of the Malian State.
On January 11, President Franois Hollande gave the order to intervene. Specifically, special forces from the
250-strong contingent stationed in Burkina Faso were to take back the city of Konna, which was the last stronghold
before Bamako. Simultaneously, Mirage aircraft prepositioned in Chad were ordered to strike jihadist convoys.
The decision to embark on a ground offensive appeared quickly and was taken the next day. Four battle groups or
joint tactical groups as the French Army call them (Groupements Tactiques Inter-Armes, GTIA) of about 700
Olivier Hanne & Guillaume Larabi, Jihd au Sahel. Menaces, opration Barkhane, coopration rgionale, Paris, Bernard
Giovangeli Editeur, 2015, 136, 140.
63
men each were deployed: GTIA-1 arrived on January 16, GTIA-4 on January 26, GTIA-3 on February 5, and
GTIA-2 on February 7.
Enemy Forces
Pre-conflict
The exact size of the adversarys forces at the onset of Serval was between 1,200 and 1,800. An official Joint Staff
document estimated the number of jihadists in Mali to 1,170 at the beginning of the operation.2 Other official
sources put the total to closer to 1,400-1,800.3 Some sources mentioned as many as 3,000 fighters possibly
including individuals not based in Mali. The militants usually operated in katibas of several tens, occasionally
several hundred, fighters.4
Armed groups in Mali included the MOJWA, AD, AQIM and the MLNA. The MOJWA were located mostly in
Central Mali (Gao region), which managed to maintain the support of some local communities and merge with
them. According to the Joint Staff, the MOJWA conducted upwards of 450 suicide operations in Timbuktu, Gao
and Kidal. AD operatives numbered approximately 400 and were largely scattered after initial operations began.
AQIM was positioned mostly in the North and numbered approximately 320 individuals. Of the various opposition
groups, AQIM was considered the fiercest adversary, characterized by its excellent organization and training and
accurate snipers. Also involved in the resistance were members of the MNLA, a Tuareg movement considered by
the French as being neither friend nor foe.

These groups used three different modes of fighting: position warfare, classic rezzou, and harassment by suicide
attacks (a novelty in Sub-Saharan Africa) and snipers. A significant part of their weaponry came from Malian
armed forces.5 The AK-47 was a weapon of choice. A few ground-to-air Libyan missiles were later found by the
French, but the jihadists were unable to use them. In the AQIM stronghold of the Ametteta valley, 22 tons of
munitions were found by French forces.
During the conflict, there was no systematic use of IED or human shield tactics by the jihadist militants. There
were, however, reports of weapons caches were being uncovered in schools.6 Generally speaking, the adversary
operated far out of the bounds of international law. According to General Bernard Barrera, they used child
soldiers, they booby-trapped their dead, sent us kamikazes, mistreated the populations operating very far from
our combat codes, from our code of honor.7
2
3
4
5
6
7
64
Jean-Christophe Notin, La guerre de la France au Mali, Paris, Tallandier, 2014, 148.

Notin 2014: 371, 563.
Jean Guisnel, Nous nous sommes parfois trouvs tout prs de la catastrophe, Interview du gnral Bernard Barrera,
lepoint.fr, 20 June 2015.
Rebel Forces in Northern Mali: Documented Weapons, Ammunition and Related Material, April 2012-March 2013, Conflict
Armament Research / Small Arms Survey, April 2013.
Mali troops search Gao for militants after attack, BBC News, 12 February 2013.
Guisnel 2015.
Military Forces
Pre-conflict
The goals fixed by Hollande were to stop the enemy, help the Malian government to re-conquer its country,
and destroythe terrorists.8 Alternatively, they could be made prisoners if possible.9 In addition, it was widely
believed that the search for the seven hostages detained by AQIM and the MOJWA were part of the mission. The
enemy was later defined as Jihadists Armed Groups although forces on the ground reportedly used the word
terrorists when they saw the first suicide bombings in urban areas.10
Specific secondary objectives were added by the government: the destruction of terrorist rear bases infrastructures,
the protection of French expatriates, and the rapid deployment of both a new African stabilization mission (the
MISMA) and the EU training program for Malian forces.11
High value targets and hostages were by far the first intelligence priority (80%), ground operations a distant second
(20%).12
During Conflict
Organization and order of battle
Classically, the operation was directed at the strategic level by the Chief of Defense Staff and his Deputy for
Operations, from the Joint Operations Center in Paris. At the operational level, a joint force headquarters manned
by 80 personnel was installed in Dakar (Senegal) on 24 January. It was supplemented with a forward command
post manned by 25 personnel in Bamako (Mali). It coordinated the French ground and air operations with those of
the special forces, and liaised with African supporting forces (up to 6,000 Malian and other UN-mandated forces,
including up to 2,300 Chadians directly participating in the operation), thus constituting an informal coalition.
There was also a small detachment of French liaison units (Dtachement de Liaison et dAssistance, SLA) which
were embedded with African forces.
At the tactical level, the Army elements (Serval brigade) were commanded from Bamako, with an additional
contingency command post in Gao; the Air Force operations were conducted from NDjamena (Chad), while
overall operational control of all air assets was maintained in Mont-Verdun, France. The chain of command was
kept short. At times, there were no more than four echelons between the President and the men on the ground.13
At the peak of the engagement (mid-February 2013), Serval included 6,500 French personnel. This total included
5,168 Army (3,500 on the ground in Mali), 950 Air Force, and 370 Navy personnel.14 The Serval brigade included
six battalion-sized units: the four GTIA, a helicopter battalion, and a logistical battalion. Equipment included the
following: 252 armored infantry vehicles, 183 light armored vehicles, 34 other armored vehicles, 173 logistical
vehicles, 22 fuel tanks, 354 trucks, 262 light vehicles, 12 artillery pieces (including 4 Caesar 155 mm cannons and
8 MO120120 mm mortars), 8 engineering vehicles, and 17 helicopters (6 Gazelle, 6 Puma, 4 Tigre, 1 Pilatus).15
Air assets involved included 14 fighters(6 Rafale, 6 Mirage 2000D, and 2 Mirage F1), 9 surveillance aircraft (up to
6 Atlantique-2 and 3 Harfang MALE drones), as well as 5 refueling aircraft. The Rafale were armed with A2SM
missiles and GBU-12 laser-guided bombs. The Mirage-2000D were armed with GBU-49 bombs, supplemented
with Mk-82 Airburst. The latter was bought in because the French Air Force believed that this very efficient but
Admiral Edouard Guillaud quoted in Notin 2014: 175.
Franois Hollande quoted in Notin 2014 : 178.
10 Guisnel 2015.
11 Christophe Guilloteau et Philippe Nauche, Rapport dinformation dpos en application de larticle 145 du Rglement par la
Commission de la dfense nationale et des forces armes en conclusion des travaux dune mission dinformation sur lopration
Serval au Mali et prsent par MM. Christophe Guilloteau et Philippe Nauche, n 1288, Assemble nationale, 18 July 2013.
12 Notin 2014 : 498.
13 Ibid: 124.
14 Guillotteau 2013.
15 Ibid
8
9
65
very powerful weapon, which the French would not use in Afghanistan because of the risk of high collateral damage,
could be used in the desert areas against large numbers of militants such as those traveling in convoys.16
Special forces (Task Force Sabre) numbered 250 at the onset (with 20 helicopters) and up to 500 at the peak of
combat operations. They liaised with the Serval brigade and the Dakar operational command but also reported
directly to the Paris strategic command. Apart from intelligence, their missions included the neutralization of high
value targets and the search for hostages, although the latter responsibility was not publically stated. To that effect,
they benefitted both from the DGSE (external security) and DRM (military) intelligence the former having
perhaps a more strategic and the latter a more tactical role.17
Non-African contributions included allied assistance to transport and in-flight refueling, as well as some limited
combat contributions (Belgium included two Agusta helicopters in the Serval brigade).
French Military Culture

Since 2007, the French Defense Code explicitly protects French soldiers from any criminal lawsuit as long as the
use of force respects international law and is necessary to accomplish the mission.18 Soldiers, however, remain
unprotected (and thus liable to trial) in case an order is obviously illegal or contrary to applicable international
law. Legal advisers (LEGAD) have been inserted in French command structures since 1999. They operate at each
level of the operation: strategic, operational, and tactical.19 At least one is assigned to the local force commander.
They refine ROE at the level of the force. They are sometimes consulted in real time.
A specific French tradition since the early 1980s is to add rules of behavior to rules of engagement. Such rules
are exclusively the purview of the military and do not need to be approved by the political authorities. They
concern mostly contacts with the population. Inherited from the colonial tradition, French operational culture
includes being close to and at ease with [local] populations.20 One Serval officer claims, we always respect local
installations which are fundamental for the social and economic life of inhabitants.21 This includes taking the time
to meet key local figures and authorities, going to the market to shop for food, fixing or repairing infrastructures or
markets (such as the one in Gao), or providing medical support.
French forces also believe in leveraging local knowledge, or mixing in with the population and understanding
the entire context in which one is operating.22 This includes inserting small human intelligence (HUMINT)
detachments within the population, to identify the presence of weapons and munitions caches, high value targets,
IED makers23 This allows them to count on Malian Tuaregs, with whom French forces and intelligence have
had a longstanding cooperation. The Tuareg contingents involved in French operations were small, but they
played important roles as guides, scouts, and interpreterstheir involvement may have helped secure for France
local buy-in and popular support.24
French forces claim to be obsessed with legitimacy, a recurring theme in military schools and training.25 They
pride themselves in being masters at calibrating (matriser) the use of force.26 The Serval force commander
describes how they behaved after the first casualty: Our units react to the losses without the cowardly reaction of
disproportionate violence.27 In theaters such as Afghanistan or Africa, they tend to beware of any binary opposition
Ibid
Jean-Dominique Merchet, Renseignement: partie de ping-pong entre la DGSE et la DRM, LOpinion, 20 September 2015.
Rpublique franaise, Code de la dfense (French Defense Code), Article L. 4123-12, Alina 2.
Nicolas Hervieu, Entretien avec Claire Landais, Directrice des affaires juridiques du Ministre de la Dfense, La Revue des
droits de lhomme, July 2015.
20 Gnral de Saint-Quentin in Hanne & Larabi 2015: 132.
21 Frdric Gout, Librez Tombouctou! Journal de guerre au Mali, Paris, Tallandier, 2015, 201.
22 Michael Shurkin, Frances War in Mali: Lessons for an Expeditionary Army,RAND Corporation, 2014, 41.
23 Chef descadrons Gay, Cette difficult de voir juste de Tora Gao, Cahiers du CESAT, n 39, March 2015, 67.
24 Shurkin 2013: 20.
25 Interview with a MoD official, Paris, July 2015.
26 Isabelle Lasserre & Thierry Oberl, Notre guerre secrte au Mali. Les nouvelles menaces contre la France, Paris, Fayard, 2013,
55. In Afghanistan, French RoE were said to be more restrictive than American ones.
27 Gnral Barrera, Opration Serval. Notes de guerre, Mali 2013, Paris, Seuil, 2015, 158.
16
17
18
19
66
between friends and foes among local populations, for instance. They always insist, in coalition operations,
on having a separate presumed hostile category. This turned out to be helpful during Serval, which included,
according to the theater commander, friends, allies, neutrals, hostiles.28
When air strikes are guided by ground controllers, those on the ground generally have the final say on whether or
not to strike. They also propose the type of munitions that should be used, based on projected damage.
It is worth noting that when it comes to committing national forces in combat, the French are less constrained
compared to other nations because of the absence of real parliamentary control over foreign military operations.
Furthermore, the case of the Foreign Legion isunique as these forces are technically a branch of the French Army,
yet their numbers are comprised of entirely foreign nationals.
Legal Framework
Technically, Serval was an operation of collective self-defense: the Malian president a hastily written call for military
support from France. According to some lawyers, this was a fragile legal foundation.29 A Status of Forces Agreement
(SoFA) was signed on 8 March bolstered the legal status of the operation, including by referring to UNSC resolutions
2056, 2071 and 2085.30 Inter alia, the SoFA authorized French forces to circulate freely in and over Mali, to take
any necessary measures to ensure their protection and that of French nationals. It also committed Mali to respect
international humanitarian law when dealing with prisoners transferred to its custody by French forces, and to
avoid any cruel, inhuman or degrading treatment, including the death penalty.
As the operation entered its stabilization phase, the UN Security Council consolidated the legal basis of the
operation. UNSC resolution 2100welcomed the swift action by the French forces, at the request of the transitional
authorities, to stop the offensive of terrorist, extremist and armed groups; and authorized French forces to use
all necessary meansto intervene in support of elements of MINUSMA when under imminent and serious threat
upon request of the Secretary-General.31 In July, a UN/France agreement gave Francea large freedom of action
to those French forces which are part of MISMA.32
Lawyers in the Ministry of Defence defined it as a high-intensity Non-International Armed Conflict, for which
applicable rules were Article III of the Geneva Conventions, and First and Second Additional Protocols. Four legal
advisers (LEGAD) were deployed: one at the operational command level and three at the force level (ground, air,
SOF).33
Rules of Engagement
Since the 1990s, French rules of engagement have followed NATO and EU patterns. The basic categories of ROE
are the same, to facilitate combined operations.34 The use of force is permitted either defensively in circumstances
of self-defense, or offensively in specified circumstances. Mission-specific ROE are defined at the strategic level by
the Joint Staff Legal Division (EMA/JUROPS).
ROE were strict to protect civilians (including journalist and hostages) and friendly forces (Mali, Chad). A government
spokesperson said: ROE were very strict to protect civilian populations.35 The force commander testified: We
Grgoire de Saint-Quentin, Premires leons opratives de lopration Serval, Dfense nationale, octobre 2013, 31.
Dan E. Stigall, The French Military Intervention in Mali, Counter-Terrorism, and the Law of Armed Conflict, Military Law
Review, vol. 223, issue 1.
30 Rpublique franaise, Dcret n 2013-364 du 29 avril 2013 portant publication de laccord sous forme dchange de lettres
entre le Gouvernement de la Rpublique franaise et le Gouvernement du Mali dterminant le statut de la force Serval, signes
Bamako le 7 mars 2013 et Koulouba le 8 mars 2013.
31 United Nations Security Council, S/RES/2100, 25 April 2013.
32 Christina Mackenzie, France Brings Military to Bear in Mali, Aviation Week & Space Technology, 9 September 2013.
33 Claire Landais, Lexprience du conflit du Mali, 36me Table ronde sur les sujets actuels du droit international humanitaire,
San Remo, 5-7 September 2013.
34 RoE series 10 to 43 are the same as NATOs as defined in MC362/1. RoE series 50 to 59 are placeholders for French-specific
RoE.
35 @FranceDiplomatie, 25 January 2013.
28
29
67
must remain exemplary in our behavior, in the treatment of prisoners and wounded, and we will beWe know
that nothing will be forgiven to usMy LEGAD does not sleep much. Together, we study the rules for opening fire,
the specific directives for each case, which were conceived and drafted by Paris. She converts them into procedures
designed to meet the expectations of the GTIA, which need to know the exact conduct vis--vis prisoners and child
soldiers. The tactical orders will always be drafted bearing in mind their conformity to the law.36
A complication was that terrorists often dressed like locals and used the same pick-up trucks as the Malians. At
one point the force commander, General Bernard Barrera, asked a Tuareg for guidance on how to differentiate
locals from terrorists.37 Malian Army pick-ups did not have radios, so a system of visual communication was
designed to avoid fratricide shooting.38 The latter risk was described by the force commander as a constant source
of anguish.39 Liaison teams were established to coordinate tactical operations and avoid friendly fire.40
In the high North, the presence of child soldiers led the force to take extra precautions during operations in early
March. Loudspeakers were often used to induce combatants to surrender.41 When a blanket authorization to fire
was given, units were asked, whenever possible, to first gauge the age of combatants.42
ROE, in particular for combat in urban areas, were said to be in conformity with those generally used by NATO.43
Collateral Damage Estimates (CDE) use the same five-level scale as allies.
ROE applicable to the Serval Brigade (defined in two sets, 11 and 19 January) were said to be comprehensive.
They were adjusted during the operation, upon request from the forces to the LEGAD, giving the latter a greater
freedom of action. However, the overarching principle remained the use of minimal force.44
Specific RoE included the following:
Absent self-defense, the use of lethal force was authorized only to target individuals directly participating
in operations or belonging to organized armed groups.45 Regarding the first type of circumstances,
ostensibly hostile acts or intentions was said to be the overriding principle. At the onset, only the
airborne battalion could attack elements belonging to armed groups without hostile acts or intentions.
As a general rule, the authorization to open fire was subordinated to certainty of facing an armed threat
through Positive Identification (PID). For aircraft, this meant either visually or by two different electronic
means. As one Serval officer explained, We prefer to deliberately let possible jihadists escape if we are
not sure that they represent a threat.46 Uncertaintiesoften caused by malfunctions of equipment to
high temperatures and dustwere resolved by using two modes of identification (ground and air).
The Target Engagement Authority (TEA) depends on the type of target and CDE. Absent self-defense
circumstances, the Serval force commander (COMFOR) was the principal authority allowed to authorize
fire. Exceptions in both directions existed (see below).
It was requested that the choice of munitions was of particular attention. There were restrictions on the
use of certain munitions. Helicopter support was provided preferably through the use of guns, as opposed
to missiles. Eryx and Hot missiles could not be fired in urban areas without explicit authorization
from the command. On 10 February, 10-15 terrorists were barricaded in the Gao police station. The
force commander sent two armed columns, one to help the Malians destroy the resistance and protect
journalists, the other to protect the hotel and evacuate those journalists who wanted to. A helicopter
36
37
38
39
40
41
42
43
44
45
46
68
Barrera 2015: 168.

Ibid: 276.
Notin 2014 : 413.
Barrera 2015: 296.
Ibid: 219.
Barrera 2015: 216.
Notin 2014 : 474.
Interview with a MoD official, September 2015.
Ibid
Landais quoted in Hervieu 2015.
Gout 2015 : 168.
armed with Hot missiles was available to destroy the police station but the force commander judged
that using it in an urban area was too great a riskfor civilians. Instead, he resorted to 30 mm shells.47
On February 21 in Gao, the force engaged in urban combat against 20-30 MOJWA militants hiding in
houses. A Gazelle helicopter asked for authorization to use a Hot missile. After asking the force to take
shelter, the COMFOR gave the go-ahead to the airborne units liaison officer.48
Fighter-bombers were to avoid shooting where there was a risk of collateral damage.49 On January 11 in
Konna, a Mirage used a delayed-fuse bomb to minimize collateral damage.50 On January 17 in Diabaly,
a Mirage descended to shoot with its cannonas opposed to dropping a bombto avoid collateral
damage.51
The Air Force requested from artillery forces that they called for the establishment of a Restricted
Operations Zone to avoid fratricide incidents. An estimated 300 were called for and none were refused.52
The suspected presence of hostages could warrant the sanctuarization of a sector.
High-value targets such as the main jihadist chiefs could not be targeted without authorization from the
strategic level for fear that French hostages may be present.
As in Afghanistan, captured persons were not to be war prisoners, but persons deprived of liberty
due to hostilities and were to be transferred as soon as possible to Malian authorities, which were
committed to uphold international humanitarian law. Moreover, when children were involved, French
forces oversaw their transfer to UNICEF.53
As a result, on several occasions, strikes were refused or aborted:
On January 16 in Konna, a Mirage aborted its bombing run due to the imbrications of French and
jihadist forces.54
On 26 January, a Mirage refused to drop its bombs in Gao, as a result of civilians being present.55
On 9 February in Kaoussa, a Mirage declined to strike three suspect vehicles in an inhabited area because
the pilot was not sure the individuals were aggressors as the presence of arms had not been confirmed.
Instead, three helicopters flushed out the passengers and ascertained the presence of weapons. Once this
was confirmed, the two vehicles which were armed were destroyed after the COMFORs authorization.56
There were exceptions:
In non-urban areas (desert in the high North), ROE could be less strict. In the Adrar des Ifoghas, the
whole brigade was, for a specific duration, given a blanket authorization to attack any element belonging
to armed groups.57 On 25 February in the Ametetta valley (high North), the commanders of the two
GTIA received an exceptional authorization: a complete delegation of authorization to fire by any means
from the COMFOR.58 As the latter put it, the absence of population and thus of risk of collateral
damage, and the need to destroy a mobile enemy, led me to take this decision.59
47
48
49
50
51
52
53
54
55
56
57
58
59
Barrera 2015: 141.

Ibid: 164-167; Notin 2014: 432-434; Gout 2015: 170-171.
Notin 2014 : 398.
Ibid: 1999.
Ibid: 250.
Notin 2014 : 456.
Ibid: 475; Landais 2013.
Ibid: 248.
Ibid: 311.
Ibid: 411; Gout 2015 : 148-150.
Notin 2014 : 455.
Barrera 2015 189.
69
In a specific region of central Mali (the Lr-Diabaly-Svar-Kona quadrangle, which includes several
hundred square kilometers), the absence of Malian forces warranted a blanket authorization by President
Hollande to engage identified enemy vehicles.60
Minimal use of force to search property was allowed only north of the 18th Parallel (where Malian forces
were not present), and the use of weapons outside of individual firearms had to be authorized by the
COMFOR. The geographical scope of this ROE was extended in November 2013.
Serval ROE allowed military forces to attack any individual or groups belonging to the opposition force which
either ostensibly had a hostile intention or committed or directly contributed to a hostile act towards the French
or allied forces.61 The Serval Force was authorized to attack any target of military interest designated by the
OPCOM.
Examples of Serval ROE allowing for the minimal use of force included the following:
Force potentially hostile vehicles or individuals to divert
Capture any individual identified as a threat to French forces
Capture and seize vehicles and materials when they are a threat to French or allied forces or when such
action is justified by the needs of the mission
Prevent any obstacle to conduct of the mission
Defend any member of the French or allied forces against any act threatening his life or potentially
causing grave harm to his body
Prevent the capture or destruction of French or allied assets
Defend against intrusions
Free captured French or allied forces
Prevent crimes or major offenses being conducted or about to be conducted
Penetrate any property to seize weapons and materials (see above).
No complaints were reported regarding the Serval ROE. They have been qualified as robust and clear-cut.62
Moreover, there were no reports of the strict nature of ROE ever putting French or Malian soldiers at risk.
60
61
62
70
Notin 2014 : 178.

This section draws on interviews with MoD officials, September 2015.
Interviews with French MoD officials, September 2015.
Outcomes
In all, Serval included 53 operations: 6 at the brigade level, 10 at the GTIA level, 30 at the sub-GTIA level, and 7
emergency small scale operations. 58,000 munitions were fired by French ground forces, including several dozens
of anti-tank missiles.63 280 bombs and missiles (95% precision guided munitions) were dropped, including 204
GBU12, 36 GBU 49, 22 AASM missiles, and 17 Mk82 Airburst (the only non-precision munitions). The Air
Force conducted 7,500 sorties.
Casualties
The exact number of jihadists killed is unknown but is estimated to be between 600 and 700. This includes 399
confirmed kills by the Serval brigade. Some military sources refer to one-third of jihadist fighters having been
killed. This also included 10 jihadist leaders.64 A major success was the killing of Ahmed el Tilemsi, the founder of
MOJWA. Up to 600 insurgents were arrested or surrendered while several hundred fled or remained hidden.
During the conflict, 10 French soldiers were killed and about 200 wounded. 27 Chadian soldiers were killed in
combat operations in the high north.
There was no recorded loss of civilian life by French forces, but a number of civilians were killed as a result of
action taken by Malian forces. There were only minimum casualties from friendly fire. One incident occurred in
late February when two Malian soldiers were wounded during an air raid in Timbuktu.
Assessment
Overall, French forces were well-prepared for Operation Serval. Their knowledge of the region and populace,
intelligence assessments and contingency planning all contributed to the success of the operation. The experience
of Afghanistan was also said to be a factor, particularly for SOF and conventional forces coordination as well as air
and ground coordination. This allowed French forces to enter the theatre very quickly although such action meant
the use of a small force and the acceptance of significant risks.
Operation Serval was an exceptional operation in many respects but one that France is unlikely to repeat any time
soon. Some structural factors will remain including the ability of the executive branch to make quick strategic
decisions without legislative control; the permanent presence in Africa and a small force on very high alert for
operations in Africa; the deep memories of colonization which have left an imprint in military culture and
knowledge; and the daring military spirit that characterizes French expeditionary forces. Other factors are more
contingent:
In-depth advance contingency planning, including 80 sets of targets identified as early as 201265
The nurturing of local allies such as the Tuaregs
The support of the population
Excellent intelligence involving situations with hostages.
Excellent pre-existing personal ties between the main military commanders (generals Brethous, de SaintQuentin, and Barrera)
Full support of the political authorities without constant interference.
Given the risks taken by French forces during Serval, the low casualty count was a pleasant surprise. It is not known
how the French public would have reacted to operations if they had led to the deaths of several tens of soldiers in
just a few days, for instance.
63
64
65
Guilloteau 2013.
Notin 2014 : 564.
71
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72
Anonymous, Mali troops search Gao for militants after attack, BBC News, 12 February 2013
Anonymous, Rebel Forces in Northern Mali : Documented Weapons, Ammunition and Related Material, April
2012-March 2013, Conflict Armament Research / Small Arms Survey, April 2013
Barrera general, Opration Serval. Notes de guerre, Mali 2013, Paris, Seuil, 2015
dEvry Antoine, Lopration Serval lheure du doute: vrai succs et fausses leons, Focus Stratgique n 59, Paris,
IFRI, July 2015
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Etat-major des armes, PIA 5.2, Directive interarmes sur lusage de la force en opration militaire se droulant
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05.400: Rpertoire des rgles dengagement
Flichy Thomas (ed.), Opration Serval au Mali. Lintervention franaise dcrypte, Paris, Lavauzelle, 2013
Gay Chef descadrons, Cette difficult de voir juste de Tora Gao, Cahiers du CESAT, n 39, March 2015
Galy Michel (ed.), La guerre au Mali. Comprendre la crise au Sahel et au Sahara, enjeux et zones dombre, Paris, La
Dcouverte, 2013
Gout Frdric, Librez Tombouctou! Journal de guerre au Mali, Paris, Tallandier, 2015
Gros Philippe et al., Serval: bilan et perspectives, Fondation pour la recherche stratgique, 2013
Guilloteau Christophe & Nauche Philippe, Rapport dinformation dpos en application de larticle 145 du Rglement
par la Commission de la dfense nationale et des forces armes en conclusion des travaux dune mission dinformation
sur lopration Serval au Mali et prsent par MM. Christophe Guilloteau et Philippe Nauche, n 1288, Assemble
nationale, 18 July 2013
Guisnel Jean, Nous nous sommes parfois trouvs tout prs de la catastrophe, Interview du gnral Bernard
Barrera, lepoint.fr, 20 June 2015
Hanne Olivier & Larabi Guillaume, Jihd au Sahel. Menaces, opration Barkhane, coopration rgionale, Paris,
Bernard Giovangeli Editeur, 2015
Hervieu Nicolas, Entretien avec Claire Landais, Directrice des affaires juridiques du Ministre de la Dfense, La
Revue des droits de lhomme, July 2015
Landais Claire, Lexprience du conflit du Mali, 36me Table ronde sur les sujets actuels du droit international
humanitaire, San Remo, 5-7 September 2013
Lasserre Isabelle & Oberl Thierry, Notre guerre secrte au Mali. Les nouvelles menaces contre la France, Paris,
Fayard, 2013
Mackenzie Christina, France Brings Military to Bear in Mali, Aviation Week & Space Technology, 9 September
2013
Matarese Mlanie, Le chef des Touaregs islamistes est de retour, Le Figaro, 8 August 2014
Gregor Mathias, Les guerres africaines de Franois Hollande, Paris, LAube, 2014
Ministre de la dfense, Weekly press briefings
Notin Jean-Christophe, La guerre de la France au Mali, Paris, Tallandier, 2014
Rpublique franaise, Code de la dfense
Rpublique franaise, Dcret n 2013-364 du 29 avril 2013 portant publication de laccord sous forme dchange de
lettres entre le Gouvernement de la Rpublique franaise et le Gouvernement du Mali dterminant le statut de la
force Serval, signes Bamako le 7 mars 2013 et Koulouba le 8 mars 2013
Shurkin Michael, Frances War in Mali: Lessons for an Expeditionary Army,RAND, 2014
Stigall Dan E. , The French Military Intervention in Mali, Counter-Terrorism, and the Law of Armed Conflict,
Military Law Review, vol. 223, issue 1.
United Nations Security Council, S/RES/2100, 25 April 2013
Operation Barkhane
Sahel Region, Africa
1 August 2014 Present-day
Dr. Bruno Tertrais
Overview
Operation Barkhane followed both Operation Serval and the Epervier permanent presence in Chad since 1986.
The French militarys main focus is counterterrorism operations against violent extremists in the Sahel region.
Operation Barkhane began on 1 August 2014 and is ongoing. The conflict is a low-intensity, long-duration, largescale operation punctuated by short, localized combat phases. The operation is expected to last several years.
Terrain and Population

One of Operation Barkhanes distinguishing characteristics is the large size of the theater of operations.1 The area
covers Mali (1,240,200 km2), Mauritania (1,030,700 km2), Burkina Faso (274,200 km2), Niger (1,267,000 km2),
and Chad (1,284,000 km2). The size of the territory covered is as large as Europe and about eight times the size
of France. The Sahel region is frequently described by the French military as an ocean and Barkhane as being
analogous to a maritime operation. The area also corresponds to what was formerly called French Western
Africa, and the French armed forces have operated this area since the end of the 19th century.
Most offensive operations take place in Northern Mali and Northern Niger. They focus on the border passes of
Tazertat (Mali/Niger), Adrar Bous (Niger/Algeria), Salvador (Algeria/Niger/Libya), Ana (Algeria/Libya), Toumo
(Niger/Libya) and Korizo (Niger/Chad). These border passes are the main routes of the Saharan trafficking flows,
which include the northward route of drugs and migrants (from Morocco and the Gulf of Guinea to Libya) and the
southward route of weapons and gasoline (from Libya to sub-Saharan countries, notably Nigeria). This is also the
area where most of the jihadist leaders not neutralized by Operation Serval are presumably located (Northern Mali,
Southern Algeria and Northern Niger).2
1
2
The theatre of operations is the largest that French forces have dealt with in over 60 years.
Jeromine Santo-Gammaire, Opration franaise au Sahel: Barkhane va durer plusieurs annes, francetvinfo.com, 18 July
2014.
73
Operation Barkhane is conducted in extreme conditions in terms of weather and distances. French units are often
driven to take liberties with established patterns of doctrine. Area control has been stretched to the limits.3 One
armored tactical group de facto covers as much as 2 million km2 as opposed to a more normal area of responsibility
between 1,000 and 2,000 km2.
Urgency
The operation takes place in light of the continued terrorist threat in the Sahel region, which affects French core
interests directly. Abductions and various attacks carried out by insurgents and terrorists in region directly threaten
French nationals. Added to these threats are the dangers such groups pose to the political and economic stability of
the region which includes a number of French business operations.
Enemy Forces
Distinguishing between friends and foes was a major issue for French forces during Operation Serval and this
difficulty has only increased during Barkhane. As a result of the relative stabilization of Mali and the broadening
of the theater of operations, it has become increasingly difficult to distinguish between the local populations,
some armed groups not considered as adversaries (the Tuareg rebellion), traffickers and bandits, and the enemies
themselves.
This is especially true since armed groups tend to dress and behave as the locals. As the commander of Operation
Barkhane, General Jean-Pierre Palasset, describes, Its a real headacheFrom the point of view of discrimination,
we find ourselves in front of a terrorist armed group only when they shoot at us.4 The jihadists drive the same
pick-up trucks, wear the same outfits and brandish the same weapons as traffickers and other bandits.5 This has
only become more troubling as many jihadists have sought to hide amongst the population in the post-Serval
environment.
Compounding the problem are shifts in allegiances and positions of some movements. For instance, the
Coordination of the Azawad movements, a Tuareg umbrella organization which includes the National Movement
for the Liberation of Azawad (NMLA), signed the Mali reconciliation agreement in June 2015; however, some of its
members have defected in protest of the accord. The enemy is now formally qualified as Armed Terrorist Groups
as opposed to Jihadist Terrorist Groups because the term jihadist was a problem for some of the partner
governments during Operation Serval.
The nature of the adversary has also changed. The current situation can be described in a metaphor that has been
used by the French military: When you shoot into a flake of mercury, droplets disperse fast. There are no more
enemy strongholds such as those in Northern Mali. In fact, the enemys strategy is designed to avoid the creation
of such strongholds. The adversary has become more mobile, often moving in small-scale katibas of 5-10 men.
All the jihadist groups fought by French forces are remnants of organizations disrupted and scattered by Operation
Serval. They are overwhelmingly made up of Sahelian individuals originating from the northern parts of G5
countries, as well as from Algeria and Libya. Al-Qaeda in the Islamic Maghreb (AQIM) and Ansar Dine (AD)
remain the primary adversaries but Al-Murabitoun has conducted major attacks since the Summer of 2014,
including the Bamako hostage-taking of November 2015. This group is an Algerian-led merger of the Movement
for Oneness and Jihad in West Africa (MOJWA) and other small groups and led by Mokhtar Belmoktar and has
pledged allegiance to AQIM. These groups have also reportedly become more engaged in trafficking.6
The number of active jihadist fighters is very difficult to ascertain due to their dispersal and mobility which includes
fighters moving outside the G5 countries and into Algeria and Libya. At the outset of Serval in January 2013,
enemy forces were estimated to be between 1,000 and 3,000. When Barkhane began, one source estimated that AD
3
4
5
6
74
Olivier Hanne & Guillaume Larabi, Jihd au Sahel. Menaces, opration Barkhane, coopration rgionale, Paris, Bernard
Giovangeli Editeur, 2015, 136, 140.
Rdaction de France-Infos, Barkhane, lopration antiterroriste franaise au Sahel, franceinfos.com, 15 September 2014.
Frdric Powelton, Nord-Mali: les difficults de Barkhane remplir sa mission, Sahel Intelligence, 12 June 2015.
Jean-Dominique Merchet, Le chef de lopration Barkhane plaide pour une opration en Libye, LOpinion, 6 July 2015.
and AQIM fighters in Mali included 800 and 700 men, respectively.7 Smaller groups such as Al-Murabitoun still
number between 150 and 300 men.
Military Forces
Pre-conflict
The aims of the French military forces are twofold: to help African forces secure the area and to avoid the
reconstitution or creation of terrorist sanctuaries. More specifically, the French armed forces are intending to rid
the Sahel-Saharan region of armed terrorist groups by applying constant pressure on insurgents and operatives
already within the region and destroying jihadistin particular, AQIMconvoys coming from Libya. In this
pursuit, French forces also plan to assist local national forces as well as the multinational Mission des Nations Unies
in Mali (MINUSMA) in Mali, assistance which has been described as the life insurance of the MINUSMA.
Operation Barkhane involves over 3,000 French military personnel along with soldiers from other partner nations.
The operation is planned to last at a minimum of three to four years or until 2017-2018.
Under French leadership, MINUSMA currently (September 2015) includes 9,100 soldiers and 1,050 policemen, as
well as civilian personnel. French liaison units (Dtachement de Liaison et dAppui Oprationnel, DLAO of about
30 personnel) are embedded with African forces.
Operation Barkhanes joint force command is located in NDjamena, Chad, and includes three permanent support
points for ground forces in NDjamena (GTIA East: 600 men), Gao in Mali (GTIA West: more than 1,000 men, as
well as an airborne detachment), and Niamey (300 men, intelligence assets and logistical base). Additionally, there
are three maritime support points in Dakar, Abidjan, and Douala and two air support points in Niamey and
NDjamena, along with an air command post in Mont-Verdun, France.
Operation Barkhane includes deployments at temporary forward bases which are comprised of between 200 and
1,000 men at any given time. Five temporary forward bases existed in the summer of 2015 and were located near
the Northern borders. They included Tessalit, Mali, where about 800 fought against some 150 jihadists; Kidal,
Mali; Abch, Chad; Faya, Chad; and Madama, Niger. Other implantations have included Atar, Mauritania, and
Ouagadougou, Burkina Faso. Temporary forward bases can become permanent support points, or vice-versa,
depending on operational needs.
The Barkhane order of battle includes up to 20 helicopters, 200 armored vehicles, 200 logistical vehicles, up to 2
refueling aircraft, up to 7 transport aircraft, 8 fighter-bombers (4 Rafale et 4 Mirage-2000), and 4 Harfang and
Reaper drones. The Reaper drones, available since the end of operation Serval, have made it easier to treat highvalue targets (HVT). The timely intelligence they provide allows French forces to quickly dispatch small teams of
airborne commandos to attack HVTs.
As was the case in Serval, special forces have the lead for neutralizing HVT, and thus far have played a more
important role than in Serval. To that effect, they benefit both from the DGSE (external security) and DRM
(military) intelligence, with the former having perhaps a more strategic and the latter a more tactical role.8 They
are fully integrated in the operation but may report to a separate chain of command. One such group of special
forces is Task Force Sabre which comprises about 200 men and is primarily based in Burkina Faso but stationed
throughout the theater of operations.
7
8
Mlanie Matarese, Le chef des Touaregs islamistes est de retour, Le Figaro, 8 August 2014.
Jean-Dominique Merchet, Renseignement: partie de ping-pong entre la DGSE et la DRM, LOpinion, 20 September 2015.
75

French military culture9
Since 2007, the French Defense Code explicitly protects French soldiers from any criminal lawsuit as long as the
use of force respects international law and is necessary to accomplish the mission.10 Soldiers, however, remain
unprotected (and thus liable to trial) in case an order is obviously illegal or contrary to applicable international
law. Legal advisers (LEGAD) have been inserted in French command structures since 1999. They operate at each
level of the operation: strategic, operational, and tactical.11 At least one is assigned to the local force commander.
They refine the rules of engagement (ROE) at the level of the force. They are sometimes consulted in real time.
A specific French tradition since the early 1980s is to add rules of behavior to rules of engagement. Such rules are
exclusively the purview of the military and do not need to be approved by the political authorities. They mostly
concern contacts with the population. Inherited from the colonial tradition, French operational culture includes
being close to and at ease with [local] populations.12 This includes taking the time to meet key local figures and
authorities, going to the market to shop for food, fixing or repairing infrastructures or markets, or providing medical
support.
French forces also believe in leveraging local knowledge, or mixing in with the population and understanding
the entire context in which one is operating.13 This includes inserting small human intelligence (HUMINT)
detachments within the population, to identify the presence of weapons and munitions caches, high value targets,
IED makers14 This allows them to count on Malian Tuaregs, with whom French forces and intelligence have
had a longstanding cooperation. The Tuareg contingents involved in French operations were small, but they
played important roles as guides, scouts, and interpreterstheir involvement may have helped secure for France
local buy-in and popular support.15
French forces claim to be obsessed with legitimacy, a recurring theme in military schools and training.16 They
pride themselves in being masters at calibrating (matriser) the use of force.17 In theaters such as Afghanistan or
Africa, they tend to beware of any binary opposition between friends and foes among local populations, for
instance. They always insist, in coalition operations, on having a separate presumed hostile category.
When air strikes are guided by ground controllers, those on the ground generally have the final say on whether or
not to strike. They also propose the type of munitions that should be used, based on projected damage.
It is worth noting that when it comes to committing national forces in combat, the French are less constrained
compared to other nations because of the absence of real parliamentary control over foreign military operations.
Furthermore, the case of the Foreign Legion isunique as these forces are technically a branch of the French Army,
yet their numbers are comprised of entirely foreign nationals.
Legal Framework
Politically, Barkhane is mandated by the G5 Sahel, an ad hoc organization of five Sahel countries created on 16
February 2014 which includes Mauritania, Mali, Niger, Chad, and Burkina Faso. The French military presence in
Authors note: this section is identical to the French military culture section of the SERVAL chapter.
Rpublique franaise, Code de la dfense (French Defense Code), Article L. 4123-12, Alina 2.
11 Nicolas Hervieu, Entretien avec Claire Landais, Directrice des affaires juridiques du Ministre de la Dfense, La Revue des
droits de lhomme, July 2015.
12 Gnral de Saint-Quentin in Olivier Hanne & Guillaume Larabi, Jihd au Sahel. Menaces, opration Barkhane, coopration
rgionale, Paris, Bernard Giovangeli Editeur, 2015, p. 132.
13 Michael Shurkin, Frances War in Mali: Lessons for an Expeditionary Army,RAND Corporation, 2014, 41.
14 Chef descadrons Gay, Cette difficult de voir juste de Tora Gao, Cahiers du CESAT, n 39, March 2015, 67.
15 Shurkin 2014: 20.
16 Interview with a MoD official, Paris, July 2015.
17 Isabelle Lasserre & Thierry Oberl, Notre guerre secrte au Mali. Les nouvelles menaces contre la France, Paris, Fayard, 2013,
55.
9
10
76
Mali is now regulated by a new bilateral defense treaty signed on 16 July 2014, which has given it a long-term legal
basis.18
Rules of Engagement
Since the 1990s, French rules of engagement have followed NATO and EU patterns. The basic categories of ROE
are the same, to facilitate combined operations.19 The use of force is permitted either defensively in circumstances
of self-defense, or offensively in specified circumstances. Mission-specific ROE are defined at the strategic level by
the Joint Staff Legal Division (EMA/JUROPS).
The ROE for Barkhane are different from one theater country to another for two reasons. First, only Mali qualifies
from the legal point of view as a country in a situation of armed conflict, where the use of lethal force is authorized
for the defense of individuals not only against illegal acts but also against armed groups when military necessities
demand it. In the other countries, only circumstances requiring self-defense allow for the use of lethal force.20 Second,
country-specific ROE reflect bilateral agreements. As on French Barkhane officer has stated, Some [participating
countries] have asked for a more aggressive engagement, giving us more freedom of action. And others restrict a bit
more the conditions for using force.21 As a French MoD legal expert puts it, there is not one, but five distinct legal
frameworks for BARKHANE.22
The right of hot pursuit, which was mutually agreed to by Mali and Mauritania in 2012, has been applied to the
whole G5.23 The legal foundation for this is the so-called spillover doctrine. This is usefuleven necessarynot
only for air operations but also for ground operations due to the porosity of national borders in the Sahel region,
which makes it easy for enemy forces to move between countries. As a result, French forces are authorized to use
lethal force outside Mali (Mauritania, Niger, Chad) absent self-defense circumstances if the targeted groups or
individual participate in the conflict, if there is a clear operational continuum and if the neighboring country
has given its consent. This includes logistical flows and rear bases as well as, presumably, an armed group fleeing
Malian territory. Overall, the Barkhane forces operate under rather unique legal conditions.24 There are also legal
advisers (LEGAD) at the force commander level in NDjamena, which also hosts GTIA East and in Gao (GTIA
West). As the last French hostage in the Sahel was freed in December 2014, the French have been able to act with
more freedom.
Regarding the use of force and treatment of prisoners, French ROE are considered to be the same as for the
preceding operation Serval (see separate chapter for details). Outside self-defense, the use of force is strictly limited
and specific precautions are required to avoid collateral damage and friendly fire. Special Operations Forces
operating in the high desert are allowed to operate under less restrictive ROE.
Outcomes
Military Factors
As of November 2015, more than 500 operations had been conducted since the beginning of Barkhane in August
2014, thus averaging more than one per day.25 This number does not include special forces operations but does
include 8 major combined cross-border operations involving several hundred soldiers of multiple countries.26 One
major operation involving 1,000 soldiers was conducted in Northern Mali and Northern Niger in November 2015.
This operation was designed to dry the swamp and limit the ability of terrorist groups to conduct operations from
A Status of Forces Agreement had been signed in April 2013, but it was limited to the SERVAL operation.
RoE series 10 to 43 are the same as NATOs as defined in MC362/1. RoE series 50 to 59 are placeholders for French-specific
RoE.
20 Hervieu 2015.
21 Rdaction de France-Infos, Barkhane, lopration antiterroriste franaise au Sahel, franceinfos.com, 15 September 2014.
22 Opration BARKHANE: enjeux et contraintes juridiques de la lutte contre les groupes arms terroristes, Courrier juridique
de la dfense, October 2014.
23 Hanne & Larabi 2015 : 143.
24 Hervieu 2015.
25 Etat-major des armes, Barkhane: un an doprations, 10 July 2015.
26 Jean Guisnel, Les guerres secrtes de la France, Le Point, 6 August 2015.
18
19
77
these areas. A deadly hostage taking conducted by Al-Murabitun at a Bamako hotel in late November 2015 showed
that the group still has the ability to operate in Mali.
Several civil-military actions have been conducted in support of the local population. For instance, in late August
2015, French and Malian forces brought food and medical supplies to isolated villages in the Gao region.27 In
addition, a Dutch hostage was freed by French forces in April 2015.
Casualties
There have been significant military gains achieved by French forces in the Sahel; yet given that Operation Barkhane
is an ongoing conflict, the final outcome is still uncertain. Moreover, there are differing reports as to the exact
number of insurgents killed. In an interview given in July 2015, the Deputy-Chief of Staff of the French Army said
that French and allied forces had neutralized 70 terrorists (mostly from AQIM), and that 60 had been detained. He
further stated that several hundred tons of arms and munitions had also been destroyed.28
A public Joint Staff document published just a few days afterwards gave different figures which listed 60 insurgents
killed and 65 captured as well as 20 tons of seized munitions, including 2,000 shells, 680 grenades and rockets, 25
mines and IEDs, 210 IED triggers, and 30 mortars.29 A veteran journalist published similar figures in a major inquiry
published in August. This report listed 128 casualties, including 66 killed and 62 captured and transferred.30Another
assessment by the French Defense Minister in December 2014 mentioned 200 neutralized jihadists.31
French intelligence sources claim that Al-Murabitoun has now been significantly degraded. The French force
commander claimed in July 2015 that most of the leaders of local terrorist networks had now been killed.32 A list of
more than 15 high-level leaders had reportedly been compiled in 2014, and as of September 2015, reports state that
more than 15 have been killed since the beginning of Mali operations in 2013.33 According to the force commander,
the insurgents are no longer able to conduct large-scale, coordinated actions and have a reduced lethality.
Three French soldiers have been killed in action during Operation Barkhane while MINUSMA forces have suffered
at least 35 casualties in two years of combat. There have been no known civilian casualties thus far.
Assessment
In sum, the French have managed to contain the terrorist offensive in the Sahel, reduce the threat to some extent,
and contribute to the stability of the countries in the region. The threat, however, remains high. In the fall of
2015, a French intelligence report mentioned the strong resilience of jihadists who are regaining the initiative,
a prescient analysis in light of the Bamako attack in November.34 The French consider that absent a massive
international stabilization effort in Libya, the risks will remain very high. Other regional threats include Boko
Haram in neighboring Nigeria, a group which has ties to the various jihadist groups operating in the Sahel. The
prevalence of jihadist activity in Africa means that Barkhane is likely to continue, one way or another, beyond its
planned termination of 2017 or 2018. Its continuation will, however, remain vulnerable to changes in the political
situation of participating countries.
Anonymous, Barkhane: Franais et Maliens conduisent des actions civilo-militaires conjointes, ECPAD, 31 August 2015.
Gnral Didier Castres, Nous faisons face des crises mondialises, Interview in Les Echos, 13 July 2015.
29 Etat-major des armes 2015.
30 Guisnel 2015.
31 Jean-Yves Le Drian, Speech to the Dakar Forum, 15 December 2014; this estimate combined the end of Serval and the first six
months of Barkhane
32 Merchet 2015-2.
33 Jean-Dominique Merchet, Sahel: les ennemis publics que la France veut abattre, LOpinion, 30 December 2014; Rmi
Carayol, Barkhane, conue pour durer,Jeune Afrique, 22 September 2015.
34 Revault dAllonnes, 164
27
28
78
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Anonymous, Opration BARKHANE : enjeux et contraintes juridiques de la lutte contre les groupes arms
terroristes, Courrier juridique de la dfense, October 2014
Anonymous, Rebel Forces in Northern Mali : Documented Weapons, Ammunition and Related Material, April
2012-March 2013, Conflict Armament Research / Small Arms Survey, April 2013
Anonymous, Barkhane: Franais et Maliens conduisent des actions civilo-militaires conjointes, ECPAD, 31 August
2015
Carayol Rmi, Sahel: Barkhane, conue pour durer, Jeune Afrique, 22 September 2015.
Castres Didier (general), Nous faisons face des crises mondialises, Interview in Les Echos, 13 July 2015
Etat-major des armes, Barkhane: un an doprations, 10 July 2015
Etat-major des armes, PIA 5.2, Directive interarmes sur lusage de la force en opration militaire se droulant
lextrieur du territoire national, n 805/DEF/EMA/EMP.1.NP, 25 juillet 2006. Includes : PIA 05.203: Doctrine
interarmes sur lusage de la force en opration militaire se droulant lextrieur du territoire national; and PIA
05.400: Rpertoire des rgles dengagement
Gay Chef descadrons, Cette difficult de voir juste de Tora Gao, Cahiers du CESAT, n 39, March 2015
Gout Frdric, Librez Tombouctou! Journal de guerre au Mali, Paris, Tallandier, 2015
Guisnel Jean, Les guerres secrtes de la France, Le Point, 6 August 2015
Hanne Olivier & Larabi Guillaume, Jihd au Sahel. Menaces, opration Barkhane, coopration rgionale, Paris,
Bernard Giovangeli Editeur, 2015
Hervieu Nicolas, Entretien avec Claire Landais, Directrice des affaires juridiques du Ministre de la Dfense, La
Revue des droits de lhomme, July 2015
Isabelle Lasserre & Thierry Oberl, Notre guerre secrte au Mali. Les nouvelles menaces contre la France, Paris,
Fayard, 2013
Le Drian Jean-Yves, Speech to the Dakar Forum, 15 December 2014
Merchet Jean-Dominique, Le chef de lopration Barkhane plaide pour une opration en Libye, LOpinion, 6 July
2015 (Merchet 2015-1)
Merchet Jean-Dominique, Sahel: larme franaise saute par-dessus les frontires, LOpinion, 18 September 2015
(Merchet 2015-2)
Merchet Jean-Dominique, Renseignement : partie de ping-pong entre la DGSE et la DRM , LOpinion, 20
September 2015 (Merchet 2015-3)
Merchet Jean-Dominique, Sahel: les ennemis publics que la France veut abattre, LOpinion, 30 December 2014
Ministre de la dfense, Weekly press briefings
Powelton Frdric, Nord-Mali: les difficults de Barkhane remplir sa mission, Sahel Intelligence, 12 June 2015
Rdaction de France-Infos, Barkhane, lopration antiterroriste franaise au Sahel, franceinfos.com, 15 September
2014
Rpublique franaise, Code de la dfense
Revault dAllonnes David, Les Guerres du prsident, Paris, Seuil, 2015
Santo-Gammaire Jeromine, Opration franaise au Sahel: Barkhane va durer plusieurs annes, francetvinfo.
com, 18 July 2014
Shurkin Michael, Frances War in Mali: Lessons for an Expeditionary Army,RAND Corporation, 2014
79
War Plan Espada de Honor I

Cauca Region, Colombia
2012 2013
Rafael Guarn Cotrino
Overview
The purpose of this document is to examine the use of military force within the framework of International
Humanitarian Law (IHL) in urban environments and to facilitate compared analysis with other non-international
armed conflicts.1 During 2012 and 2013, the Military Forces (FFMM) of Colombia executed the War Plan Espada
de Honor I, a portion of which was carried out in the Cauca region. The object of study was temporarily limited
to 2012 and 2013 and the Cauca department was territorially selected the central and northern areas due to
its characteristics.
The analysis focuses on the jurisdiction assigned to the Apolo Task Force (Fuerza de Tarea Apolo, or FUTAP),
assigned to the Third Division of the National Army. Regarding the Revolutionary Military Forces of ColombiaPeoples Army (FARC EP), the structure operating in this area is the Joint Commando of the West the Western
Block. For methodological reasons, this document excluded the National Liberation Army (ELN) and the BACRIM
criminal gangs committing crimes in that part of the country.
Origins and Development of the Conflict in Colombia

The FARC EPs foundational myth was born with Operation Marquetalia, an attack carried out in 1964 by
Colombias military forces; however its existence goes back to 1949, the year when the Colombian communist party
adopted a policy of armed self-defense. In the past 30 years, the armed conflict with the FARC had two phases:
The first was to build an armed offensive unit, which started in 1982 and culminated in late 1998; and the second
was a phase of decline that began in 2002 featuring a return to guerrilla warfare and terrorism.
The armed conflict has lasted due to several factors, among them the existence of vast territories where the presence
of State institutions is lacking or non-existent. In addition, complex geography provides territories in which illegal
armed groups expand and have shelter and sanctuaries. These territories are also a source of funding, mainly from
1
80
This study is based on sources and information collected in the period between 2012 and 2014 for academic, scholastic, and
journalistic activities.
the criminal mining and from cultivating, processing and trafficking drugs. Furthermore, the extensive, porous
borders and the complicity of some governments in the region have also led to a prolonged conflict.
Terrain
Cauca is located in southwestern Colombia by the Pacific Ocean. Its geostrategic position is key since it allows
access to the countrys south and center regions. It borders the Valle del Cauca Department to the north, Nario,
Putumayo and Caquet to the south; and Tolima and Huila to the east. The FARC emerged precisely in the
triangle that the last three departments form. Nario, Putumayo and Caquet are enclaves with strong FARC
armed structures and large swaths of coca crops as well as mobility corridors for trafficking, illegal trade of arms
and explosives.
The geography of Cauca comprises all thermal floors, from snow to land on the Pacific Ocean coast. The department
is located in the Colombian Massif and has a mountain range with altitudes ranging between 2,600 and 4,700
meters above sea level. It is a water reserve making up the major rivers of the country.
In 2012, Cauca was the department with the fourth largest amount of illicit crops in the country coca, to be more
precise. In addition, its location serves as a mobility corridor for cocaine trafficking abroad. El Tambo is among the
ten municipalities with the largest cultivated area: 2,522 hectares in 2014.
Population
One characteristic of Cauca is its multiethnic character. There are blacks, whites, mestizos, and a significant
concentration of indigenous communities associated with a long history of land conflicts. The indigenous people
claim the ancestral lands and the lands of the former reserves (resguardos) and expand the existing eighty-four.
They have their own political and legal organization; some communities are highly politicized and have high
mobilization capabilities. According to the Regional Indigenous Council of Cauca (CRIC), out of the 29,308 square
kilometers of the department, the area of indigenous territory is 5,312 square kilometers belonging to eight ethnic
groups4 established in 26 of the 39 municipalities.
According to the National Administrative Department of Statistics (DANE), Caucas population is estimated at
1,379,169. 21.03% is indigenous; 21.64% is made out of black, mulatto and Afro-Colombian; and of the population
without a specific ethnicity is 54.88% and other 2.5%.
The Indigenous territories are concentrated mainly in the north and the eastern center of Cauca, in which the
FARC-EP has a strong presence. In some municipalities, such as Toribio, 94% of the population is indigenous.2
Intensity
For this period, data on the guerrillas actions reflect a new offensive of the organization, after an initial decline
during the period 2002-2008, and the organizations adaptation to the States strategy.3 The group placed greater
importance on terrorist attacks. There were 486 attacks in 2008, 571 in 2011, 894 in 2012, and 890 in 2013. During
this time, terrorist attacks against infrastructure alone almost tripled. In 2010, there were 116 attacks reported, 279
in 2012, and 405 in 2013. These attacks were against civilian infrastructure, e.g. blowing up pipelines, toppling of
pylons, blowing up bridges and roads. The ELN executed some of those attacks; nonetheless, the FARC bears most
of the responsibility.
The municipalities located in northern Cauca are: Buenos Aires, Caloto, Corinto, Guachene, Miranda Padilla, Puerto Tejada,
Santander de Quilichao, Suarez and Villarica. The eastern center of Cauca includes the municipalities of Cajibio, El Tambo,
Morales, La Sierra, Rosas, Paez and Jambal.
Ministry of National Defense. Logros de la Poltica de Seguridad y Defensa para la Prosperidad, July 2015. In: www.
mindefensa.gov.co Diversos y comunes: Elementos constitutivos del conflicto entre comunidades indgenas, campesinas y
afrocolombianas en el departamento del Cauca. Anlisis Poltico Magazine. Vol 22. No. 656 January - April. Bogot. 2009.
81
The activity of the guerrillas has increased since 2008. In that year, official data recorded fifty-two hostile actions,
which include attacks on villages, aircraft, and facilities, harassment, ambushes, armed contact, raids in populated
areas, and illegal roadblocks. There were 167 recorded hostile actions in 2012 and 157 in 2013.
In 2012, 1,140 individuals left the ELN and FARC with another 1,350 leaving in 2014, a figure much lower for the
years 2008 (3,461), 2009 (2,638) and 2010 (2,446). There is indeed an increase in the captures: 473 in 2012 and
4,302 in 2013; however, we must point out that less than 15% of the captured do prison time. Members of the FARC
and ELN killed in military operations reached 439 in 2012 and 341 in 2013.4
Data from Colombias Ministry of Defense record a continuous drive against the FARC and ELN, but also show
their high level of organization and hostility. The ability of both groups to keep in business and replicate is patently
clear. Despite the high number of demobilized, captured, and killed forces in combat, the FARC might have
approximately 7,000 members in 2014.5
The use of anti-personnel mines and improvised explosive devices produced 510 victims in 2012 and 373 in 2013.6
These commonly-used weapons by the FARC and ELN are prohibited by international humanitarian law.
The intensity of the conflict can be seen in the pummeling effect on the armed forces and the national police during
those years. In 2012, 377 are killed in acts of service, mostly related to the armed conflict; 361 died in 2013. In
both years, there is a reduction compared to 2009, 2010, and 2011 when 468 were killed, 487 and 484 respectively.
Nonetheless, the number of injured forces does increase dramatically: 2,468 in 2012 and 2,609 in 2013.7
On the northern and eastern center of Cauca, the intensity of the armed conflict is summarized in the following
table based on information from SalaHumanitaria.co of the United Nations Office for the Coordination of
Humanitarian Affairs (OCHA).
FARC-EP
Ideology
As mentioned above, the FARC was formally constituted in the 1960s with the goal of seizing power to establish
a new revolutionary order. It was constituted as the armed wing of the Colombian Communist Party. Its operation
is governed since its Sixth National Conference by the Statute, the regulations of the Disciplinary Regime, and the
internal rules of command. Other documents are also the Statute of the Bolivarian Militias, the Handbook of Mass
Organization, and the Statute of the Clandestine Colombian Communist Party.
The FARC describes itself as a political-military movement that develops its ideological, political, organizational,
propagandistic, and armed guerrilla actions in accordance with the tactic of combining all forms of mass warfare
for achieving the power for the people.8 The FARC has armed and clandestine structures that operate within the
law to achieve the implementation of the groups Strategic Plan.
5
6
7
8
82
Ministry of National Defense. Logros de la Poltica de Seguridad y Defensa para la Prosperidad, July 2015. In: www.
mindefensa.gov.co Diversos y comunes: Elementos constitutivos del conflicto entre comunidades indgenas, campesinas y
afrocolombianas en el departamento del Cauca. Anlisis Poltico Magazine. Vol 22. No. 656 January - April. Bogot. 2009.
According to sources from the National Police, the FARC has just under 7,000 members.
Office for Comprehensive Action against Anti-Personnel Mines. Anti-personnel mine is any mine designed to explode
due to the presence, proximity, or contact of a person and that, in case of exploding, it will have the potential to incapacitate,
injure and/or kill one or more persons. Mines designed to explode due to the presence, proximity, or contact of a vehicle, not
of a person, are not considered anti-personnel mines since they are equipped with anti-handling devices. Furthermore, It is
a hand-made device, designed with the intent of inflicting death or bodily harm by using the power of a detonation. According
to their tactical objective, Improvised Explosive Devices (IEDs) can be produced with different types of material, initiators,
sizes, and containers. Commercial, military, and artisan explosives, or components of any type of ammunition are used for their
manufacturing. They typically consist of an explosive charge, a detonator, and an initiation system, but they can be designed in
chemical combination, toxic, biological toxins, radioactive materials and/or elements generating shrapnel.
Op. Cit. Ministry of Defense.
Statutes of the FARC-EP. Article 1
The organization has declared itself Marxist-Leninist; and since its founding, has proposed a revolutionary program
supplemented by various documents adopted at the National Conferences of Guerrilleros. The group states that it
vindicates Simn Bolvars revolutionary thinking and declares itself as anti-imperialist and a supporter of both
Latin American unity and La Patria Grande (The Big Motherland). In the same vein, the group claims to fight
for equality and the welfare of the people. In the last two decades, the FARC has ideologically coincided with
the so-called Twenty-first Century Socialism and the Bolivarian revolution instituted in Venezuela. Under this
mantle, it sought to project itself as a powerful continental organization a decade earlier, before its military decline
began.9
Paramilitary Structure
The FARC is governed as a vertical-pyramidal organization. Its basic unit is the squad, made up of 12 individuals.
Two squads constitute a guerrilla in addition to its commanders (26 members). Two guerrillas constitute a company
(54 people), while two or more companies form a column (110 men or women). More than one column may
constitute a front which are coordinated via the block of fronts. A block must have at least five fronts. When the
conditions do not allow for the formation of a block, the fronts unify and coordinate their activities through a joint
command.
The organization is subject to the principle of collective leadership through chartered bodies of management and
control headed by the Central High Command as well as chartered lower-rank bodies.
The Bolivarian Militias are a military organization created and existing in the areas of influence of the FARC
fronts and are under the rule of the fronts high commands. In the asymmetric conflict, militias have a leading
role, especially after the change in operational mode that the group took on since 2008. The emphasis on guerrilla
warfare, after being close to imposing a war on movements, gave more relevance to the use of explosives, snipers,
and militias.
A militia integrates to a group of five to ten individuals. Ten militia members constitute a squad; three squads
constitute a rhombus of squads; four squads constitute a platoon. Four platoons constitute a company and four
companies constitute a battalion. Each of these structures has a first and a second in command as well as commands
of political-military leadership. The commands are appointed by the High Commands of the Fronts and ultimately
approved by the Central High Command. Additionally, the FARC has a Secretariat with seven members who are
part of the High Command, which has fifteen more main members and three substitutes.
According to information provided by official sources, by the end of 2013 and beginning of 2014, the FARC
structure was as follows:
Structure
Block of Fronts
Central Command
Mobile Block
Fronts
Urban Fronts
Mobile Columns
Mobile Companies
Commisions
Number
6
1
1
66
3
14
16
06
During 2002 and 2008, the FARC worked hard to create a region-wide organization. They founded the Bolivarian Continental
Coordinator that afterwards became the Continental Bolivarian Movement.
83
Grouped in seven blocks and one Central Command:

Block
Caribe
Magdalena Medio
Northwestern
Oriental
South
West
Central Command
Total
Number of members
356
418
833
3164
1105
923
139
6938
( Just members. It does not include militias)
In the Cauca department, the FARC exhibited the following structures by December 2011 and before the launching
of War Plan Espada de Honor I, according to law-enforcement sources:
Structure
Front 6 Hernando Gonzlez Acosta
Front 8 Jos Gonzalo Franco
Front 60 Jaime Pardo Leal
Number of guerrilleros
121
26
109
Number of militia men

182
78
53
Municipalities: Timbiqu, Argelia, Balboa, and El

Bordo
Gabriel Galvis Mobile Column
94
92
Municipalities: Pradera and Florida en Valle and

bordering with the Cauca Departament.
Jacobo Arenas Mobile Column
Political Company Ambrosio Gonzlez.
133
33
123
1
Miranda Municipality, Corinto.

Antonio Nario Company
25
Municipalities of Timbiqu, Argelia and Guap

Simn Rodrguez Company
15
Municipality of El Bordo
Total
Total: 1088 members
556
532
The militias are trained to carry out terrorist attacks, install landmines, prepare and detonate car bombs, undertake
intelligence activities, become involved in attacks against military units and execute the so-called Plan Pistola.10
They are camouflaged among the civilian population, over which they also exert control through intimidation or
political means. The militias are the support structures of the guerrillas and source of new members.
They militias are subordinate to the National and Local Militia Plan to operate, which, in turn, must be in
accordance to the FARCs Strategic Plan. The militias not only use violence, but they are linked to forms of mass
10
84
Under the name Plan Pistola, the plan is linked to the order issued by the FARC to murder soldiers and police officers in any
situation when they become targets of opportunity. In general, it implies non-combat situations, even when the personnel is out
of service.
organization. They are present in different types of social mobilization. The Statute of the Militia, adopted in
1989, states that its disciplineis fierce, for which it incorporates a disciplinary regime and specifies crimes that
warrant disciplinary action.11
In addition, there is the Clandestine Colombian Communist Party PC3. It is a covert organization that constitutes
an integral part of the FARC, made up of people coming from different social levels and influence. In areas where
this group operates, its sphere of action includes the infiltration of organizations and social and popular movements
in order to guide them in favor of the armed groups objectives, always using a combination of all operational forms
that guide the actions by the FARC. The PC3 is part of the armed apparatus and operates through cells.
Strategy and Tactics for 2012 and 2013

The Strategic Plan is the main element that unites all the structures of the FARCs armed and non-armed war.
All activities carried out by the organization must be within that framework and they indeed do as part of the
plan, going from strictly-military actions until what the group calls Border Policy. This includes recruitment,
relationships with the civilian population, funding, links to other illegal armed groups, the clandestine relationship
with governments in the region and international relations. Everything must revolve towards achieving the
implementation of the Strategic Plan. Thus, fronts, columns, and companies obey when conducting territorial
order plans since the objectives seek the progressive crystallization of goals necessary to achieve the Strategic Plans
overall objective of seizing power.
The FARC put its mind to crush the Democratic Security Policy that for eight years (2002-2009) had placed the
organization under political isolation and military pressure, with a strategy of dialogue and negotiations with the
State in order to seize power.12
It became obvious that the groups military action rose significantly from the start of secret talks with the government
in 2011. While the State viewed the peace process as an opportunity to dissolve the FARC as a violent apparatus, the
FARC took it as a phase of its revolutionary process, which is why it simultaneously engaged in a strong campaign of
terrorist attacks and murders of soldiers and police. In its calculation, the violent actions were necessary to advance
the process and reduce the capacity of government maneuvering.
Accordingly, the organization set out to obtain air-to-ground missiles, multiply its militias and the Clandestine
Communist Party of Colombia PC3, consolidate relations with the ELN, and strengthen the combination of
fighting strategies through closer international alliances.13 A war of wear and tear, based on a strategic defense and
tactical offensive, was launched. The group tried to protect itself and deny success to the Colombian Military Forces
by seeking refuge in rear areas, achieving greater mobility and dispersing.
The FARCs behavior during this period sought to preserve itself and destroy the enemy. At the tactical level, it
sought to neutralize the military asymmetry using the elements of surprise, vulnerability and selectivity in the use of
force. It was ordered to return to guerrilla warfare; to move in very small groups; to intensify the use of landmines,
snipers, and harassment; to avoid direct combat and instead execute commando actions; to strengthen the militia;
and to infiltrate and choose targets with the highest impact on public opinion.
FARC-EP, Statutes of the Bolivarian Militias

The Strategic Plan states that the achievement of the political objective should be sought through armed struggle or a negotiated
solution to the armed conflict.
13 The guidelines of the strategy were approved in January 2007 at the Ninth FARC-EP Conference.
11
12
85
Attacking From Inside the Civilian Population

The need to become invisible, to preserve the guerrilla structures, and to hit more effectively without being hit gave
greater importance to the FARC militias. The groups adaptation to military asymmetry gave prevalence to militias
and their work among the masses in the execution of a non-armed war. It was arranged that, in some cases, the
guerrilleros would not wear the groups uniform and dress instead in civilian clothes. It was also arranged as modus
operandi to develop attacks against security forces from places protected by international humanitarian law, such
as schools and populated areas.
The militants operated among the civilian population and carried small weapons or military equipment when
executing an attack. In this regard, it was understood in Colombia that the fight against the militias also fell to the
police, not just the Army, since it required intelligence activities and the involvement of the courts of justice.14
The risk when militants fight against the Army is that, despite being FARC members, since they are in civilian
clothes and carry small weapons, it is possible to say that these are people who have no direct involvement in armed
conflict; therefore, any confrontation when an individual from that group is legitimately eliminated by State agents
could be presented as either an extrajudicial execution or a murder of a protected person.
Relationship to Population
In the north and eastern center of Cauca, armed conflict arises in the midst of populated areas. Within the typical
conception of insurgent war, the FARC seek to win the hearts and minds of the people and become their saviors;
that is why they have different mechanisms of political influence in community and indigenous organizations. The
degree of overlap in political speeches facilitates the FARCs use of these communities as part of the combination
of guerrilla warfare and social mobilization. However, some Indian officials have publicly rejected the guerrillas on
several occasions.
The national government faces constant strikes and indigenous mobilizations and is rejected for breach of
commitments, especially regarding land issues and the presence of the police in urban areas or the Army in villages
of the area. While no one can say that there is an alignment with the insurgents, at least not the majority of the
population, it is clear that there is no receptivity for the State.
Non-violent tactics to influence the civilian population

The impossibility to return to the level of organization and military hostility attained fifteen years ago made the
organization devise or copy non-violent mechanisms for military purposes. It was intended to neutralize the
asymmetry of the conflict by moving the confrontation to an area where the Military Forces could not use its
weapon capacity under IHL.
That is why there was an emphasis in creating, infiltrating, and coercing social organizations, popular movements,
and indigenous peoples; social unrest in specific territories; manipulation, promotion, and infiltration in strikes,
demonstrations, and blockades; the consolidation of social control means on the territory; clandestine alliances
with various political factions and criminal groups; and the start of talks with the national government.15
In order to preserve the fronts, columns, and guerrilla companies, the FARC opted for blending among the
population, making its armed structures invisible, reducing the relevance of airpower and hindering military
operations by relying on the limits to the use of force set by international humanitarian law, particularly the principle
of distinction, as well as in non-armed warfare. Parallel to that, there was a political and legal strategy to break the
fighting will of the State as well as to affect the centers of political decision and actions of the Military Forces.
14
15
86
The Military Forces in Colombia have no judicial jurisdiction.

This is nothing more than the application of the FARCs internal rules seeking through the work of the masses to link
civilians to any fighting organization, be it the unions, community councils, the Bolivarian Militias, the nuclei of Solidarity, the
Guerrilla, etc. The group gives special attention to popular leaders...to bring them to our side. FARC EP, Beligerancia In
Resistancia. Published in Colombia within the framework of the peace process with the government of Andrs Pastrana 1998
2002, p. 9
The aforementioned guidelines were executed with discipline in the region that is our area of the study. In Cauca,
it is typical for the FARC to move in guerrilla structures, but also through militia networks. Given the geography
and population, the group found the ideal lab to design methods of non-violent action to neutralize the military
asymmetry and could be effective to liberate the area of the
presence of the police and Colombias Military
Forces.
Territorial control through non-armed means, able to survive even if there was permanent military or police
presence, became a priority. In irregular warfare, the FARC moved from direct confrontation to a new battlefield
for which the State was not prepared.
Rules of Engagement
In armed action, the FARC does not follow in any way the principles of IHL. On the contrary, the insurgents
execute all actions that they deem necessary to attack government forces or civilians. There are no formal rules
governing the FARCs use of force in the confrontation with the Military and Police Forces of Colombia. The group
says that it has not specifically signed for everything related to international humanitarian law, but that its rules...
are adjusted to it.16
The following behaviors qualifying as offenses and subject to sanctions within the group: The murder of men
or women of the civilian population, rape, robbing civilians, any activitytending to lower the FARC-EPs
prestige before the people, any activity aimed to prevent the faithful in the population to practice their religion,
and sleep overnight in homes of the civilian population.17
The FARC publicly defends the use of weapons prohibited by IHL such as landmines, IEDs, and tatucos (missiles)
hand-made, short- and medium-range bombs. The group is also openly against humanitarian norms. The FARC
publicly ordered the killing of civilians abducted by the group, and it continues to justify its policy of abducting and
recruiting children under 15 years of age, acts considered to be both crimes against humanity and war crimes.18
The FARC considers international humanitarian law to be conceived and designed for conflicts among nations
and, despite additional protocolsdoes not always provide the right balance. In another aspect, the organization
argues that the rule on the use of non-conventional weapons is a regulation for war against nations that cannot
cover popular movements such as ours, thereby attempting to justify the groups asymmetrical tactics.19
Nonetheless, the group says that its internal rules do establish criteria matching basic principles of humanitarian
law, such as the distinction between combatants and non-combatants, and the immunity of the civilian population.
In that vein, the FARC issued a document in the 1990s warning the civilian population to prevent military and
police headquarters becoming placed near your homes, or in public gathering places, to refrain from boarding
military vehicles of any kind, and to refrain from entering any military garrisons, among others.20
Conduct During the Conflict

The FARC applied the diluted siege to seize the initiative and take advantage of its strong presence in troop
numbers and territorial extension in the north and center of Cauca. In a diluted siege, a group carries out a series
of actions permanently, continuously, or sequentially at different points in the same geographical area during a
given time. Tactics may involve terrorist actions, coups de main, infrastructure attacks, skirmishes, and attacks on
opportunity targets.
FARC EP, Beligerancia. In Resistancia. Published in Colombia within the framework of the peace process with the government
of Andrs Pastrana 1998 2002, p. 2
17 FARC-EP, Reglamento de Rgimen Disciplinario, Article 3
18 Multiple pronouncements by FARC-EP announced in the previous decade that in case of rescue missions, the armed structures
holding kidnapped civilians or members of the security forces had the order to kill them. That order was carried out in several
cases, thus murdering unprotected, defenseless people.
19 It will always be possible to build negotiating scenarios with the government. Interview with Alfonso Cano.
20 Op. Cit. FARC-EP, Beligerancia, In Resistencia.
16
87
Military asymmetry was confronted by the group, particularly in the Cauca department, by resorting methods of
warfare which violated international humanitarian law. During the periods 2012 and 2013, the group used antipersonnel mines and IEDs banned by international standards and the results affected both civilians and members
of the security forces.
The records show the serious effects of the FARCs use of IEDs:
Use of anti-personnel mines forbidden by IHL
National Total: 884 persons affected
Year
Civilian
Security Forces
Injured Dead Injured
Dead
2012
179
43
253
35
2013
145
20
189
20
TOTAL
324
63
442
55
Total in Cauca: 51 persons affected

Civilian
Security Forces
Injured Dead Injured
Dead
2012
22
5
2
3
2013
11
1
6
1
TOTAL
33
6
8
4
Year
In Cauca, in 2012 and 2013, as part of 471 military operations, a total of 3,483 and 651 mines and devices,
respectively, were found and destroyed.
In addition, by 2012, the organization had developed the ability to manufacture launching pads for its artisan
missiles, tatucos, shot at mid-range and in many cases from civilian infrastructure without precision mechanisms or
control over the end target. Such weapons caused damage to civilian property due to high inaccuracy. For example,
in Miranda, the media reported that on April 5, 2013, the guerrillas launched tatucos against homes in a small
town located 20 minutes from the county seat and one of the devices hit a familys home in the area. One man was
killed and five others injured, including three children aged 4, 7, and 10 years old.
Similarly, it was reported that the Sixth Front acquired and used air-to-ground SAM 7 missiles in Toribio, Cauca,
against Black Hawk helicopters equipped with weapons belonging to the National Army.21
The group also carried out car bomb attacks against police stations in order to remove them from the area. In
December 2013, the FARC detonated a car bomb in Inza. The attack left nine people dead, including five soldiers,
one police officer and more than forty wounded among civilians and police officers. The explosion affected more
than thirty civilian homes and was launched in a populated area against a police station.
At the beginning of 2013, the FARC detonated a car bomb in Caloto, killing one soldier and one civilian. In
October 2013, the same method was used to attack a bridge in Santander de Quilichao. Nine people were injured,
including four children, most of whom were at home. In total, ten houses were affected.22 In April 2012, a similar
car bomb attack took place in the town of Morales, while in February of that year, the FARC detonated a car bomb
in the town of Villa Rica, killing five civilians, among them a child and the commander of the police station.
21
22
88
See Noticias Caracol

Carro bomba en Cauca deja 9 heridos, El Tiempo. 15 October 2013
Furthermore, the FARC formed special-forces teams known as Pisa suave (step softly). The name stems from an
attack technique originally used during the Vietnam War and which uses the element of surprise combined with
highly trained personnel capable of performing coups de main and destroying a military platoon within 6 minutes.
These attacks included the killing of soldiers who were just injured.
According to the combination of all forms of fighting and the conditions imposed by the asymmetry of the conflict,
the FARC implemented new forms of non-armed war. Amid the serious security crisis in Cauca (2012), the
Commander of the Military Forces, General Alejandro Navas, said: We do not doubt that this is the FARCs war
of the masses, using indigenous and peasant population as shields.23 The commander was referring to the biggest
news regarding the FARCs adaptation process: the development of non-armed action techniques for military
purposes.
Leveraged with political influence and a matching narrative with peasant and indigenous communities in the area
of study, the FARC managed to neutralize the States military superiority and temporarily succeeded in expelling
some military units from the area by mobilizing groups of citizens armed only with canes and sticks.
In July 2012, the Nasa Indians, led by the Indigenous Guard, expelled about 100 members of the Army from an
area located in the municipality of Toribio and tore down the improvised and rustic military base.24 That action was
preceded by reports of occupation of indigenous territories by the 28 Mobile Brigade of the Apolo Task Force in
the municipality of Miranda and a humanitarian convoy demanding the dismantling of the military base.
To block the execution of the military campaign and the police presence in the area, the FARC used infiltration
of indigenous communities and social movements, established alliances with specific factions and exploited its
discourse similarity with that of the indigenous movement.
Furthermore, in the studied period, it was all too common that, in populated centers located in rural areas, the
FARC would attack helicopters or troops from homes and use human shields, or hide behind assets protected by
IHL. These guerrilleros knew that the police force would not bomb or strafe while they were behind protected
assets. In such cases, the helicopters would often prefer to leave the area and avoid further legal problems in order
to ensure compliance with IHL.
The FARC in the area would warn civilians about imminent attacks against police stations located inside urban
areas of the municipalities. It did so with the intention of generating pressure to evict the police, rather than with
the intention of warning about the consequences of the indiscriminate attacks carried out with car bombs.
All actions were executed by FARC structures in the area, in compliance with the instructions received from the
Secretariat of the Central High Command and Western Joint Command. Regarding the weaponry, the guerrillas
selected it without taking into consideration IHL. This flouting of humanitarian rules also led the FARC to apply
coercion and intimidation techniques against the population, use civilians as human shields, and attack civilian
infrastructure.
The FARC skillfully articulated a narrative with which they justified their violent actions in the region in order to
influence national and international opinion. For example, after the detonation of car bombs in 2012, the FARC
claimed that the national government was to blame for endangering civilians by placing police stations in urban
areas. This narrative was further used to diminish the States legitimacy first by creating equivalency between
security forces and the FARC and then by demanding the departure of security forces from the region, so that state
soldiers might be replaced with Indigenous Guards.
The chain of command within the group remained on high alert during 2012 and 2013, if one takes into account
the different periods in which the FARC decreed unilateral ceasefires and resets. Two ceasefires took place
during the development of War Plan Espada de Honor I 12-2013. The FARC offered the ceasefires and kept them.
23
24
Guarn, A Repensar la Guerra, in Semana Magazine, 24 July 2012

Right after security forces regained control of the hill in Vereda Berln, an area where members of the National Army had been
previously expelled.
89
The security forces kept its presence throughout the country and continued with the development of military
operations.
The first unilateral ceasefire took place between November 20, 2012, and January 20, 2013, a time during which,
according to Fundacin Paz y Reconciliacin, there were 41 armed actions involving FARC structures and state
security forces. Out of those 41 armed actions, 7 were in violation of the unilateral truce. Out of the 41 actions,
11 took place in Cauca. The Foundation concluded that the FARC respected the ceasefire about 85% of the time.25
The second ceasefire took place between December 15, 2013, and January 15, 2014, a time during which a total
of twenty armed conflicts involving security forces and the FARC occurred. Out of the 20, 4 were in violation of
the truce and 12 were offensive actions by security forces (or defensive in the case of the FARC). In 3 cases, it was
not clear if they were FARC offensives or defensives. The remaining conflict was the result of a FARC mine field
activated by the military but previously installed by the FARC before the announcement of the truce. Thus, the
ceasefire was respected about 95% of the time.
Regarding the investigations for IHL violations by the organization, its clearly emphasized that many such behaviors
are actually permanent policies and practices of the organization and they are not covered by the regulations of the
Disciplinary Regime that typifies offenses deserving investigation and punishment within the group.
The Colombian Military

Structure
The composition of Colombian armed forces in 2012 and 2013 is as follows: 456,973 people made up the security
forces in 2012, including 288,194 in the military forces and 168,779 in the National Police corps. In 2013, there
were a total of 461,092 people, including 285,842 in the military forces and 175,250 in the National Police corps.26
By October 2012, the Army had 238,718 people, made up of 185,806 soldiers, 9,514 officers, 33,530 non
commissioned officers (NCOs), and the rest students and civilians. By October 2013, the total was 237,567 members,
made up of 9,477 officers, 33,703 NCOs and 184,278 soldiers.
The Colombian Air Force had 14,401 members in October 2012, including 2,343 officers, 3,422 NCOs, 4,896
soldiers, and the rest students and civilians. In 2013, the Air Force had 2,499 officers, 3,603 NCOs and 4,134
soldiers.
In October 2012, the Navy had 34,761 members, including 2,411 officers, 8,693 NCOs and 20,397 soldiers and the
rest students and civilians. By October 2013, the Navy had 33,913 members, of which 2,449 were officers, 8,704
were NCOs and 19,654 were soldiers.
In October 2012, the National Police had 168,779 members including 6,232 officers and 542 NCOs. By October
2013, the police force included 6,679 officers and 433 NCOs. The remaining members were executive officers,
assistants, students and civilians.
War Plan Espada de Honor I

During the second half of 2011, the War Plan Espada de Honor I was jointly designed by the Military Forces, the
National Police and the Ministry of Defense. This plan was implemented between January 2012 and December
2013. It was crafted in order to adapt to the changes experienced by irregular warfare and to break the FARCs
fighting will.
According to interviews, the operational objective in the center and north of Caucathe jurisdiction of the Armys
Third Divisionwas to occupy and neutralize the strategic corridor between the western and central mountain
25
26
90
Fundacin Paz y Reconciliacin

Fundacin Paz y Reconciliacin
ranges in the north of Cauca, thus neutralizing at least 50% of the structures in the mobile columns of Jacobo
Arenas, Gabriel Galvis, Miller Perdomo, the Sixth Front, and Frente Urbano Manuel Cepeda Vargas.
From the start of the War Plan Espada de Honor I, the joint and coordinated work went through the Apolo Task
Force whose jurisdiction extended to the north of the department and to the south of Cauca Valley and sought to
dismantle the rival system and drive the terrorist structures away from the civilian population in order to achieve
the consolidation of the areas affected by the FARCs actions.27
The Task Force consisted of mobile units 14, 17, 28, 29 and 37, as well as the Colonel Jos Mara Vezga High
Mountain Battalion. Also involved were more than 5,000 members of the police corps with jurisdiction in Caloto,
Corinto, Toribio, Suarez, Buenos Aires, Miranda, Prairie, Jambal Inz, Caldono, Tambo, and Morales.
Legal Framework for the Use of Military Force

The Constitution authorized the use of legitimate force by security forces. Article II established the authorities duty
to protect and to establish warranties. As part of that mandate, the Military Forces had authorization for the use
of force in the country. The Constitutional Court has recognized that the use of force is requiredagainst those
who have no intention of respecting the rights of individuals and are not willing to meet the regulatory mandate.
Only the States armed forces are legitimized to such use of force since the social structure has deposited in them
the monopoly on the use of weapons and, therefore, the task of defending the rights through its use.28
Furthermore this authorization also includes Article 93 which has been called constitutionality block.29 It
automatically incorporates the rules on use of force found in the International Law of Human Rights and in
International Humanitarian Law. In connection with the IHLs automatic incorporation in the Colombian legal
system, the Constitutional Court has stated in Decision C-225 of 1995 that, ...all armed State and non-State actors
are then forced to respect these norms enshrining those minimal principles of humanity that cannot be voided,
even in the worst situations of armed conflict While the incorporation of IHL is automatic in Colombia, it is
necessary for its application to verify objective criteria prior to its implementation, as the ICRC has pointed out on
many occasions and as international jurisprudence observes.30
Conduct of Operations in Hostile Contexts: Legal Standards and Applicable Doctrine

As noted above, the authorization of War Plan Espada de Honor I is based in the Constitution. Based on the
stated constitutional mandate and in order to ensure that members of the Military Forces, and where relevant the
National Police, had clear guidelines for the use of force as described in the first part of this study, the Ministry of
National Defense issued the Comprehensive Policy on Human Rights and IHL in 2008.
Subsequently, the General Command of the Military Forces issued the Operational Law Manual for the Military
Forces 3-41 Public in December 2009.31 The manual is a normative tool both for military commanders at all levels
and for legal operators involved in the planning, implementation and evaluation of military operations.
All rules applicable to the use of force are summarized and compiled in this manual, which makes it an important
tool for military commanders and all individuals involved in the planning, implementation and evaluation of
The Apolo Task Force was created on December 23, 2011.
Constitutional Court Decision SU-1184 of 2001. Eduardo Montealegre Lynett, M.P.
International treaties and conventions ratified by Congress that recognize human rights and prohibit their restriction in states of
emergency prevail in the domestic order. The rights and duties enshrined in this Charter shall be interpreted in accordance with
international human rights treaties ratified by Colombia. The Colombian State may recognize the jurisdiction of the International
Criminal Court under the terms provided in the Rome Statute adopted on July 17, 1998 by the United Nations Plenipotentiary
Conference and consequently ratify the treaty in accordance with the procedure established in this Constitution. The admission
of a different treatment on substantive matters by the Rome Statute regarding the guarantees contained in the Constitution shall
take effect exclusively within the scope of the matters that it governs.
30 ICRC Working Paper 42, 29 June 1999. See also Prosecutor v. Boskoski and Tarculovski (Trial Judgment), IT-04-82-T,
International Criminal Tribunal for the former Yugoslavia (ICTY), July 10, 2008.
31 By Regulation No. 019 of April 20, 2015, the General Command of the Military Forces approved the updating of the MANUAL
OF OPERATIONAL LAW FOR MILITARY OPERATIONS. We want to make clear that this case study was made based on
27
28
29
91
military operations. It is also a very useful tool for judicial and disciplinary authorities who have to evaluate the
results of military operations.
We would like to emphasize that the position of Operational Counselor was created in the Military Forces due to
this manual. By creating this position, young lawyers have been incorporated into the Military Forces as second
lieutenants and have been trained in operational issues in order to become direct advisors to military commanders.
For the implementation of the War Plan Espada de Honor I, the National Army issued Directive 181 of 2012, which
provided instructions to ensure proper comprehensive legal advice to grant commanders at all levels of command
the support necessary to make decisions on operational issues. The total number of military legal coordinators and
operational legal counselors in 2012 was 12 and 120, respectively.32
The Operational Law Manual for the Military Forces 3-41 Public indicates that the consolidation of the territory
and the significant progress made on security require the regulated use of military forces, noting that this is one of
the objectives of this manual. In compliance with the objective of controlling the use of military force, the manual
includes two directives issued by the Ministry of National Defense: the Reserved Permanent Directive 17 of 2009
and the Reserved Permanent Directive 22 of July 15, 2009, which was replaced by Directive 32 of October 16,
2009.
Through these directives, two sets of rules of engagement for military forces were defined and were applicable to the
conduct of operations in an environment of hostilities and for the maintenance of security conditions. These rules
regulated the conduct of hostilities in the Cauca theatre during the period that this study examines.
For the purposes of this study, the rules of engagement for conducting operations in a scenario of hostilities33
requires that the operation planning identifies the following:
1) A military target that meets the principles of limitation, distinction, and proportionality;
2) That the neutralization of the target be necessary and represents a direct, concrete, and foreseen military advantage;
3) That, according to intelligence and operational information available to the commander, he/she considers that his/
her intention when planning and developing the operation under the rules of engagement is to use military force as a
first option.
Note that one of the rules of engagement established for the conduct of military operations under hostilities directs
that when circumstances permit, demobilizations and captures should be favored over deaths in combat. It is
important to highlight that the issuance of this rule comes before the issuance of the directives in the rules of
engagement listed above. This rule was already defined in Directive 300-28 of 2007 by the General Command
of the Military Forces, which issued instructions regarding the applicable criteria for measuring results within the
Military Forces.
The system for the application of the Rules of Engagement in Colombia means that decisions are taken at different
levels of command. In the case of the implementation of War Plan Espada de Honor I, in the department of
Cauca, commanders plan military operations taking into consideration the type of operations authorized by the
hierarchical supervisor. In this regard, the rules of engagement derived from the type of operation that the military
the existing norms at the time of execution of War Plan Espada de Honor I. The current manual used for this analysis is the
Manual for the Military Forces 3-41 Public, First Ed. December 2009.
32 Direccin de Asesora Jurdica del Ejrcito Nacional. See also Management Report 2012. Command of the National Army.
33 Ministry of National Defense. Directive 32 of 2009. Rules of Engagement for Ground Combat: (1)You can make use of
force against a legitimate military objective or licit target, as long as it is framed in an operations order and it is identified as
a legitimate military objective or licit target when making use of weapons. (2) When circumstances permit, demobilizations
and captures should be favored over deaths in combat. (3) Make use of the weapons in a targeted, not indiscriminate, manner
to minimize damage against assets and protected persons. (4) You can always make use of weapons in legitimate self-defense
when your life, or that of others, is in danger.
92
commander selected according to the nature of the threat and they do not correspond in any case to the territory
where they were carried out.34
For example, in July 2012, violent Nasa Indians used blunt objects to assault FUTAP troops who were in Berlin
Hill protecting the communications infrastructure in the area. The action by the indigenous Nasa Community
forced 100 soldiers to withdraw from Berlin
Hill. Although FUTAP members were allowed to use force in legitimate

self-defense, they refrained from using offensive military force in order to avoid a situation in which force was used
disproportionally. The soldiers were attacked physically and psychologically; some of them were dragged without
exercising any kind of military force within their right to legitimate self-defense. This event illustrates how the rules
of engagement were applied and is evidence that it is possible for the subordinate commander in the field to restrict
the use of force when implementing a military operation.
The Military Decision-Making Process under War Plan Espada de Honor I

in the Cauca Department35
In Colombia, the military commander is in charge of the military decision-making process and the conduct of
operations. The decision-making process integrates the responsibilities and knowledge of all members of the High
Command. The Chief of Staff of the military unit, who serves as deputy commander, organizes and coordinates
the work of the commanders advisory team made up of the High Command (Estado Mayor) for the Division and
the Brigade and the Senior Staff (Plana mayor) for the Battalion.
During the military decision-making process, the High Command of the military unit researches and verifies the
possible courses of action both for the troops and for the enemy forces. The High Command makes a comprehensive
analysis of the enemy and the possible alliances that the enemy can develop with other insurgent, criminal or
interest groups. The High Command also analyzes the operational environment and the geographical conditions
of the places where it intends to launch a military operation within the framework of hostilities and capabilities of
the forces in relation to the enemys.
34
35
General Command of the Military Forces, Manual of Operational Law 3-41 Public, December 2009
Given that the text of the manual High Command Organization and Operations is confidential and protected by Colombian
law, this study will cover general aspects of military decision-making process with no level for classified document in order to
safeguard its confidentiality.
93
The military decision-making process, according to Colombias military doctrine, involves the following steps:
MILITARY DECISION-MAKING PROCESS (MDMP)
When an order from the next higher Command is received to develop an operation.
Once the mission is received, the military decision-making process starts and the
High Command is called to start with the corresponding tasks of planning and
1. Receipt of Mission
analysis.
The mission must be accepted and respected at all times and it must meet the duties
detailed in Article 87 of Additional Protocol I to the Geneva Conventions.1
Mission analysis includes the evaluation of the operational situation in light of
supporting documents such as maps, manuals, summaries of standing orders and
findings of the High Command
The objective of this step in the military decision-making process is that; based
3. Course
of
on criteria of appearance, feasibility, acceptability, differentiation, and integrity;
Action
(COA)
operational optionsunpredictable to the enemycan be planned and created.
Development
2. Mission Analysis
COAs developed in this manner should answer the questions: What?, When?,
Where?, How?, and Why?
This step is to identify the best way to accomplish the mission. This analysis includes
4. COA Analysis
evaluating COAs in terms of how to increase combat power against the enemy, while
protecting ones own troops and minimizing collateral damage.
In this step each member of the High Command, according to roles and
responsibilities, assesses each of the proposed COAs and present the outputs of this
5. COA Comparison analysis to the rest of the team.
6. COA Approval
7. Orders
Production
This step seeks to identify the most successful COA for the security forces, while
identifying the enemys most likely COA. With this step, one seeks to minimize the
risk to the troops as well as the accomplishment of the mission.
After evaluating the presentations of all COAs, the military commander determines
which COA provides greater advantages for the accomplishment of the mission.
In case the commander decides that no COA presents the needed advantage to
accomplish the mission, the commander can order the start of the entire process
again.
After the COA is approved, the order of operations is issued. It will contain precise
instructions about the military objective to be neutralized and the use of the force
authorized for the operation. Also, the order of operations will include the rules of
engagement applicable to the case in particular.
It is important to highlight that, in planning all military operations, the principle of distinction, precaution in the
attack, proportionality and military necessity is constantly analyzed by each member of the High Command. In
every case, there are supporting entities for the commander, such as the Battlefield Intelligence Team (PICC),
which identifies all aspects of the enemy, terrain and civilian population to ensure that the use of military force is
appropriate, proportionate and in accordance with the rules of IHL and Human Rights.
It is important to highlight that the armed forces only use weapons authorized by international treaties and ones
that do not cause unnecessary suffering or damage. Weapons are selected according to different evaluations that
the High Command provides about the purpose and conditions of the operation and the degree of precision and
combat power required to accomplish the mission. The beta bombing operations are launched by the Colombian
94
Air Force (FAC) and use precision weapons in order to destroy enemy targets without widespread collateral damage
or disproportionate use of force.
National Territorial Consolidation Policy and Interventions of the Military Forces with Comprehensive Action
Activities (Humanitarian Efforts)
Within the framework of War Plan Espada de Honor I, it is important to analyze the intervention by the Ministry of
National Defense and the Military Forces on what is known as non-kinetic or humanitarian efforts. It is an initiative
different from the military effort and seeks to guarantee some basic level of living conditions and state presence.
This is done to deter the presence of illegal armed groups, who take advantage of the absence of institutional power
to establish territorial control in urban and rural areas.
In Colombia, the National Territorial Consolidation Policy for 2012 and 2013 contemplated intervention with
projects in 58 municipalities. Under this policy, the Ministry of National Defense made an investment of 206 billion
pesos between 2012 and 2014. The projects implemented with these resources are macro-infrastructure projects
and fast-track projects such as bridges, local roads, sports centers and basic sanitation projects, among others.36
Some examples of projects included the improvement of 2 km - Va Vereda Santa Rosa, Caloto which cost
$355,087,397 and benefitted an estimated 1,000 people; a sports center in Cauca costing $365,925,452; and art
projects throughout Cauca costing $385 million and benefitting an estimated 6,000 people.37
During 2012, the National Army held 210 Workshops for Development Support throughout the country. An
estimated 170,530 people benefited from an investment of $6,474,130,406. The implementation sought to improve
the populations quality of life with health services and recreation in the community.38 In 2013, 382 workshops
were conducted, benefiting a total of 324,373 people. The investment of $ 14,374,782,261 managed to improve the
quality of life for the most vulnerable portions of the population, many of whom were settled in strategic areas for
the enemy. Out of the 382 workshops organized during 2013, 53 were carried out in Cauca.39
It is important to note that military doctrine has included Comprehensive Action in the evaluations that the military
commander must take into account when launching an operation. The criteria of Comprehensive Action have
been very useful in Cauca, where due to the variety of ethnic groups, it is necessary to have a particular approach
and special relationships with the communities to ensure the success of operations. For this purpose during the
implementation of the War Plan, there was a liaison officer with indigenous communities and this officer served as
an interlocutor between the National Army and indigenous populations.
Finally, it is important to highlight the presence of international organizations. The International Committee of the
Red Cross (ICRC) performed field observations in compliance with IHL rules for domestic armed conflict.40 Also,
the Office of the United Nations High Commissioner for Human Rights monitored the human rights situation in
Colombia and established strategic lines of cooperation.41
Ministry of National Defense. Figures and Facts of the General Security Strategy. August 2010 - December 2013
Ibid, p. 70
38 Command of the National Army, Planning Directorate, Management Report 2012, National Army.
39 Command of the National Army, Head of Planning and Transformation, Management Report 2012, National Army
40 The ICRC is present in Colombia due to the 1980 Headquarters Agreement between the Government of Colombia and the
ICRC, approved by the Congress with Law 42 of 1981,
and then developed with a memorandum of understanding signed between the Government of Colombia and the ICRC on 16
February 1996.
41 Agreement for the establishment in Colombia of the Office of the United Nations High Commissioner for Human Rights
dated 29 November 1996. The work of this Office in Colombia has been ongoing since the signing of that agreement.
36
37
95
Outcomes
Operating Results of War Plan Espada de Honor I Cauca Department
The results are as follows:
FARC
Front 6
Front 8
Front 60
Jacobo Arenas Mobile Column
Miller Perdomo Mobile Column
Gabriel Galvis Mobile Column
Antonio Nario Political Company
Ambrosio Gonzales Political Company
Total
Demobilizations Captures
25
123
12
16
8
10
60
80
3
10
6
50
1
0
1
0
116
289
Fatalities
13
8
0
30
1
10
2
0
64
Total
161
36
18
170
14
66
3
1
469
Affected
53%
35%
11%
66%
19%
35%
11%
3%
The FARC had 1,088 members at the end of 2012. The campaign in 2014 reduced the group to about 779, a
decrease of about 300 members, or 30%.
Below is the number of security forces killed and wounded in Cauca, according to the database of the Military
Conflict in Colombia by the Conflict Analysis Resource Center (CERAC):
Year
2012
2013
Total
Army
Injured
Dead
13
12
1
13
14
25
Police
Injured
Dead
18
9
12
2
30
11
Total: 80 dead or injured members of the security forces42
Research by results in the framework of the military operations of War Plan Espada de Honor I
When fatalities occur during a military operation, it is mandatory that Colombian authorities initiate a criminal
investigation to verify the circumstances in which individuals died. The authorities responsible for initiating
investigations of fatalities during military operations and police procedures are under the Military Criminal Justice
system. Under Article 221 of the Colombian Constitution, the acts committed by members of the Military Forces
on active duty (subjective criterion) and in relation to the same service (objective criterion) are investigated and
tried under the specialized jurisdiction of the Military Criminal Justice according to the provisions of the Military
Criminal Code.
In the event of casualties during a military operation, there is always a disciplinary investigation done in principle
by the commander of the military unit as the competent disciplinary authority. If, during the course of the
investigation, the Attorney Generals Office considers it should exercise preferential power, the investigation will
become the Attorney Generals responsibility.
42
96
Database of the armed conflict in Colombia of the Conflict Analysis Resource Center
Notwithstanding the criminal and disciplinary investigations, it is important to note that military doctrine commands
that operations always be evaluated once launched. The military commander, along with the High Command, is
required to undertake an operational evaluation of each tactical mission in order to identify the best operational
practices and as well as adjustments that should be made in the planning and conduct of future operations.
Investigations
According to information provided by the National Army, the complaints reported in 2012 to the Third Division
the military unit with jurisdiction in the Cauca departmentnumbered a total of twelve, including eight Human
Rights complaints and four IHL complaints.
Regarding the number of criminal investigations against Army personnel conducted by the Attorney Generals
Office, the Army reported the following numbers:
INQUIRIES
DEPOSITIONS
IMPRISONED PERSONNEL
CROSS EXAMINATIONS
TRIAL
2012
723
181
338
114
21
2013
656
234
181
196
14
Source: DIASC - National Army
However, the consolidated national figures relating to disciplinary investigations conducted by the Attorney
Generals Office against Army personnel are as follows:
LEGAL PROCEEDINGS
FREE VERSION
2012
1333
79
2013
1049
14
Source: DIASC - National Army
97
The Use of Military Force in accordance to the IHL Framework in Operational Contexts in the Cauca Department
According to the provisions on enemy behavior and legal standards, military doctrine applicable to the planning,
execution, and evaluation of operations as well as the operational practice of the military forces, the following are
parameters for the use of force within the IHL framework in urban contexts:
1) Under the principle of precaution and distinction, no military operations will be launched in populated areas in
accordance to the IHL framework.
2) In the military decision-making process, the protection of civilians prevails. The Military Forces apply maneuvers of
military control in urban areas and underpin the States judicial practice. In these cases, the Army develops roles and
missions within the third ring of security.43
3) In cases when FARC members shoot from assets protected by IHL, such as homes, although the Military would be
enabled to neutralize the attack, lethal force is not used as the first choice.
4) In cases of helicopter attacks from civilian assets, the option is to withdraw from the area.
5) In cases of an encounter with ground troops when the attack comes from a civilian place, it will be repelled as exercise
of the right to legitimate self-defense, using force in a strictly necessary way to safeguard the life and integrity of the
troops and the civilian population.
6) Faced with doubts on the quality of a military objective, or the direct involvement of a person in the hostilities, one
is to presume it is a civilian and refrain from using military force as a first option, its use is restricted to legitimate
self-defense.
7) Even in major operations against a high-value target, if the FARC leader is in an asset protected in principle by IHL,
even in non-populated areas and in spite of being able to apply the principle of necessity and military advantage to
launch beta bombing operations by the Colombian Air Force (FAC) against the target, these operation will not be
launched. This decision aims at avoiding the legal risks of an investigation by regular courts.
8) Under the course of military operations within the IHL framework, when circumstances permit, demobilization or
capture are preferred over the death in combat of a FARC member.
9) Considering that the FARC members blend into the civilian population, confronting the militias is considered the
primary responsibility of the National Police and the Law. The Military Forces act in this case as the third ring of
security, in support of legal action and via area operations of military control.
10) It is clear that the Military Forces in Colombia have limited the use of force far beyond humanitarian norms as a result
of the perception people have about high legal risks involved in military operations that can be disputed.
Finally, it is important to note that the restrictions on the use of force that the Military Forces of Colombia have
adopted go far beyond those imposed by IHL and are related to the FARCs modus operandi. The insurgency
sporadically performs offensive actions from populated areas and civilian assets with high mobility, including
changing the points from which its attacks are launched and carrying them out on short notice. With respect to the
use of tatucos, the FARC tactics in some cases are to camouflage and use the population as shields. Therefore, the
military forces have not used air power under the IHL framework.
43
98
Military Forces of Colombia. National Army. REGULATIONS OF OPERATIONS AND MANEUVRES OF ILLEGAL
COMBAT 3-10-1. Classified. Second Ed. 2010. The third ring of security means that military force is providing perimeter
security in order to ensure the performance of other civil authorities and the National Police itself. This measure takes place in
support for the execution of other state authorities functions.
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International Committee of the Red Cross. Violencia y uso de la Fuerza. ICRC, Geneva Switzerland, 2012.
Ferro, Juan Guillermo and Uribe Ramn Graciela. El orden de la Guerra: Las FARC EP entre la organizacin y
la poltica. Ed. Universidad Javeriana. Bogot, 2002.
Friedrich, August Heydte. La Guerra irregular moderna: una poltica de defensa y como fenmeno militar. Ed.
EIR, Colombia. Bogot, 1989.
Harnecker, Martha. Combinacin de todas las formas de lucha. Ed. Suramericana. Bogot, 1988.
Henderson, James. Cuando se desangr Colombia. Ed. El ncora Editores. Bogot D. C., 1985.
Henckaerts, Jean Marie and Doswald Beck, Louise. El Derecho Internacional Humanitario Consuetudinario.
Volume I. ICRC. Buenos Aires, 2007.
Medina Gallego, Carlos. FARC-EP Flujos y Reflujos. La guerra en las regiones. Ed. Universidad Nacional de
Colombia. Bogot D.C, 2011.
Medina Gallego, Carlos. FARC-EP Notas para una historia poltica. 1958 2006. Ed. Universidad Nacional de
Colombia. Bogot D.C., 2009.
Melzer, Niels. Gua para interpretar la nocin de Participacin Directa en las Hostilidades segn el Derecho
Internacional Humanitario. ICRC. Geneva Switzerland, 2010.
Meja Azuero, Jean Carlo and Chaib de Mares Kelly. Derecho de la Guerra. Ed. Panamericana Formas e Impresos.
Bogot D.C., 2012.
Ministry of National Defense. Fuerzas Armadas ms fuertes y modernas que nunca. Imprenta Nacional de
Colombia, Bogot D.C., 2015.
Ministry of National Defense. Visin Estratgica del Sector Seguridad y Defensa Nacional. Imprenta Nacional de
Colombia, Bogot D.C., 2015.
Reinares, Fernando. Terrorismo y Anti Terrorismo. Ed. Paidos Ibrica. Madrid, 1998.
Zedong, Mao. Seis escritos militares del Presidente Mao. In: Obras escogidas de Mao Tse-Tung. Ediciones en
lenguas extranjeras. Pekn, 1968.
Waldmann, Peter. Guerra Civil, Terrorismo y Anomia Social: El caso colombiano en un contexto globalizado. Ed.
Norma. Bogot D.C., 2007.
Normative References
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18.
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20.
Colombias Constitution.
Four Geneva Conventions of 1949.
Additional Protocol I and II to the Geneva Conventions of 1949.
Colombias Constitutional Courts Decisions.
Military Doctrine
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24.
General Command of the Military Forces. Manual of Operational Law 3-41 Public. December 2009. First Edition.
General Command of the Military Forces. Manual of Operational Law 3-41 Public. 2015. Second Edition.
Military Forces of Colombia. National Army. High Command Organization and Operations 3-50. Classified. Fifth
Ed. 2005.
Military Forces of Colombia. National Army. Regulations of Operations and Maneuvres of IIllegal Combat 3-10-1.
Classified. Second Edition 2010.
Publications in newspapers and magazines

25.
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Carro bomba en Cauca deja 9 heridos. In: El Tiempo. October 15, 2013. q http://www.eltiempo.com/archivo/
documento/CMS-13124015.
Guarn, Rafael. A Repensar la Guerra. In: Semana Magazine. July 24, 2012. http://www.semana.com/opinion/
articulo/repensar-guerra/261705-3
Diversos y comunes: Elementos constitutivos del conflicto entre comunidades indgenas, campesinas y afrocolombianas
en el departamento del Cauca. Anlisis Poltico Magazine. Vol 22. No. 656 January - April. Bogot. 2009.
99
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28.
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32.
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36.
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39.
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www.accioncontraminas.gov.co
http://www.armada.mil.co/
www.cerac.org.co
http://www.cric-colombia.org/portal/estructura-organizativa/ubicacion-geografica/
www.ejercito.mil.co
www.fac.mil.co
www.farc-ep.co
www.mindefensa.gov.co
http://www.nasaacin.org/
http://www.pares.com.co/wp-content/uploads/2014/05/Informe-La-tercera-tregua.pdf
www.policia.gov.co
http://sidih.salahumanitaria.co/
http://theirwords.org/media/transfer/doc/1_co_farc_ep_2000_107b8e3621ef7e288f638a8b47107c3937.pdf
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41.
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FARC-EP. Cartilla de Orden Abierto. Mimeographed. August 21, 1993.

FARC EP. Estatutos de las FARC EP. Printed.
FARC - EP. Estatutos de las Milicias Bolivarianas. Printed.
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pdf.
Command of the National Army. Planning Directorate. Management Report 2012 National Army. Printed.
Command of the National Army. Head of Planning and Transformation. Management Report 2012. National Army.
Printed.
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Printed.
(Footnotes)
50.
100
See Additional Protocol I to the Geneva Conventions, Art 87, Duty of Commanders
The Battle of Sadr City

Sadr City, Iraq
26 March - 15 May 2008
Colonel Vincent Alcazar, USAF, ret.
Historical context
As a consequence of the surge of U.S. combat forces in 2007, Multi-National Forces Iraq (MNF-I) and MultiNational Corps-Iraq (MNC-I) began consolidating stability and security gains in Iraqs north and west. However,
Iraqs south and the city of Baghdad remained contested due to a destabilizing mixture of Al Quaida in Iraq
(AQI) and the paramilitary forces of the Sadrist Trend. A cornerstone of the 2007 U.S. surge campaign plan, the
stabilization of Baghdad remained unattained by Multi-National Division Baghdad (MND-B) forces. The power
vacuum caused by the Coalition invasion of March 2003 gave Shia paramilitaries the opportunity to establish
extra-legal control of Sadr City and two adjacent neighborhoods, Habbabiyah and Ishbiliyah.
In early 2008, the Jaish al-Mahdi ( JAM) led by cleric Moqtada al-Sadr bitterly broke with the government of
Iraq led by then Prime Minister Nouri al-Maliki. The break made power sharing in Iraqs parliament and an
eventual political reconciliation highly unlikely. Thus, the stage was now set for JAM and other Shia militia to begin
confronting Coalition and government forces in Baghdad and across southern Iraq.
Soon after the political break between JAM and the government, JAM forces escalated the frequency of their longrange mortar and 107mm rocket attacks against the International Zone (IZ) in central Baghdad. The objective
of those rocket attacks was to broaden the internal security problem for the government and bring about a
general tactical collapse of Iraqi military and police forces.1 In a bid to quell rapid JAM expansion, counter JAM
consolidation in southern Iraq, and establish enduring government control over Basraa city contested by JAM
and several Shia militiasMaliki ordered Iraqi armed forces to enter Basra to drive out entrenched Shia militias.2
1
2
Johnson interview (2015)

Institute For The Study of War, p. 8
101
Duration
On 25 March 2008, President Nouri al-Maliki directed that U.S. and Iraqi forces undertake a mission to cease
JAMs IZ rocket and mortar attacks. From that direction emerged the authorization to use force in a short-term
campaign. The 2008 battle of Sadr City lasted for 51 days and unfolded in two parts: Operation Striker Denial
began on 26 March and ended on 14 April; Operation Gold Wall commenced on 15 April and terminated 15 May.
Intensity
This operation was an intense conflict given the dense urban environment in which Coalition and Iraqi troops were
fighting. As Striker Denial initially unfolded, JAM forces used common insurgent weapons and paramilitary tactics
including IEDs of complex design that incorporated Iranian warhead explosive technology.3 During Operation
Gold Wall in particular, Coalition and Iraqi troops were engaged in intense firefights as they continued to construct
a wall.4 Eventually, as the Route Gold t-wall grew in length, JAM opposition to U.S. forces dwindled.5
Terrain
Established by the Iraqi government in the late 1950s, Sadr Cityor Saddam City as it was called up until the 2003
U.S. invasionserved as a settlement for poor Shia laborers working in Baghdad. Sadr City occupies approximately
35km2 and has a population of approximately 1,112,000. Given the population density, Sadr City represented a
massive undertaking using only U.S. and Iraqi forces on hand. The battle of Sadr City unfolded in a dense, complex
urban environment made up of closely aligned structures and narrow alleys and roads, most of which U.S. tactical
vehicles could not access. Excluding Fallujah, the terrain of Sadr City and its layout made it the most challenging
urban warfare scenario for U.S. and Iraqi forces during the 8-year U.S. occupation.
Civilian Population
According to Iraqs Coalition Provisional Authority, the three Sadr City area neighborhoods were made up of
approximately 2.4 million people.6 Sadr City was home to Baghdads largest Shia community and was comprised
of millions of noncombatants of varying backgrounds and sympathies who had little to no active role in the JAM
militias but in whose presence JAM operated. Mapping that human terrain constituted an incomplete task in 2008.7
The notion of insurgents, armed bands, militias, and paramilitary personnel intermixed among a nations
noncombatants in urban settings are distinctions partly of kinds and degrees of populous participation along with
local distinctions of arming. With specific regard to insurgents, it is generally more difficult to identify combatants
in situations where personal involvement may be sporadic, occasional, episodic, etc. Fighting versus JAM personnel
within Sadr City was rife with these considerations and complications.8
Urgency
By early 2008, JAMs mortar and rocket fire on the IZ did not disable the regime so much as it negatively impacted
Nouri al-Malikis perceived ability to govern and detracted from his prestige.9 It is likely that one or both of those
factors caused al-Maliki to direct a decisive military confrontation of JAM in Basra and Baghdad. For Prime
Minster Maliki, a failure to confront JAM was to accept a state of war that could eventually oust him from power.
Leaders such as Prime Minister Nouri al-Maliki and others understood that left unaddressed, the rocket raids
3
4
5
6
7
8
102
RAND 2013: 58-66)

How Technology Won Sadr City Battle. CBS News. 9 October 2008
Eventually, JAM paramilitary bandsinitially 50+ men in size, decreased to small armed groups of 4-5 militiamen that used
less aggressive tactics with much less destructive effect.
RAND, p. xi
The road from the time of the U.S. invasion to spring 2008 was a journey littered with numerous incidents and confrontations
many armed or occasions where shots were traded, that all had the aggregate effect of radicalizing JAM forces and compressing
them into loosely organized paramilitary forces within Iraq central and southern provinces and cities.
would eventually erode his perceived power and actual ability to mount effective future operations to defeat the
growing military and political influence of Sadrist militia forces throughout Iraq.
The Road To The Battle

As the Coalition weakened AQI across Iraq and the sahwa (Sunni awakening) improved stability throughout
Anbar Province, MNC-I stepped into an opportunity to attain the objectives of the Baghdad Security Plan (BSP):
confront Sadrist and Sunni insurgents in Baghdad; establish measures designed to prevent mass casualty attacks;
and improve the ability of Iraqi forces to establish and maintain civil order.10 As Iraqi forces launched Operation
Knights Charge in Basra, the JAM forces unleashed rocket and mortar fire from their rocket launch sites within
Ishbiliyah and Habbabiyah in Baghdad.11
Military Forces
Pre-conflict
For U.S. planners and Iraqi military senior leaders, the matter of confronting JAM in its Sadr City stronghold was
necessary to attain the objectives of the BSP. On the other hand, the Maliki regime needed to immediately address
the matters of JAMs daily rocket and mortar attacks as well as its rapidly ramped up aggression in Baghdad and
elsewhere. To deal with JAM, MNF-I had six U.S. brigade combat teams and two Iraqi Army divisions within
Baghdad. However, this combat force was insufficient to conduct a large-scale clear and hold operation throughout
Sadr City and simultaneously maintain security elsewhere in Baghdad.12
Pragmatism scoped the fights goals and objectives for the offensive into the Sadr City. For this campaign, MNC-I
received no additional forces and its campaign plan could not be open-ended as U.S. surge forces were poised to
begin their post-surge withdrawals from Iraq. Next, while U.S. counter-insurgency (COIN) doctrine in Iraq was
responsible for improved force preparation while balancing other competing priorities, the MNF-I strategy to
overcome JAM in Sadr City would resemble but not replicate MNF-I COIN operations elsewhere in Iraq.13
At a high level, the differences between the COIN fight across Iraq and MNF-I/MNC-I planning for Sadr City were
bounded by three ideas:14 First, the principal driver of the U.S. and Iraqi Sadr City offensive was to remove JAMs
rocket and long-range mortar-fire sanctuaries in the Habbabiyah and Ishbiliyah sections of the Sadr City complex.
Second, the U.S. rules of engagement (ROE) would remain unchanged from their existence that predated the 2008
RAND, p. 8
A young Iraq Army with little major operation planning and chronically deficient logistics conceived the controversial
campaign, Operation Knights Charge. The Iraqi Ministry of Defense concealed much of its planning and movement of forces
from central to southern Iraq. PM Maliki informed MNF-I leaders of Operation Knights Charge after Iraqi forces left their lines
of departure toward objectives within Basra. The operation did not go well for Iraqi forces whereupon PM Maliki flew to Basra
to oversee it in person. However, when he ventured too close to the fighting he was nearly taken captive by JAM forces. The
rapid intervention of U.S. airpower and other capabilities reversed the momentum of the fighting and put the Maliki regime on
the winning side.
12 RAND, p. 26
13 The axiom, lose legitimacy, lose the war, informed operation planning and execution of Striker Denial and Gold Wall.
While MND-B forces needed to solve the military problem, it was not clear at the outset how that would be done using only
capture/kill, IED mitigation, and constabulary movement control in/out of Sadr City. In hindsight, the placement of the t-wall
barrier along Route Gold became the Coalition effort that broke JAMs resistance and compelled them to cease their organized
resistance to Coalition authority.
14 MNF-I COIN tactics were informed by a major 2007 rewrite of U.S. Army FM 3-24 and a substantial body of accumulated
operating experience in countering AQI and militant Iraqis with Fedayeen sympathies. For example, the MNF-I COIN
Academy was one solution in a larger strategy to fully prepare incoming U.S. forces to conduct their stability and security
missions, acquaint them with Iraqi culture, and expose them to alternatives to lethal force application all in a calculated effort
to protect the center of gravity in Iraqi society, its people. Other authoritative sources on ROE include but are not limited to,
DODD 2311.01, Department of Defense Law of War Program, dated 9 May 2005. Although the U.S. DoD released that version
of that document just after Striker Denial and shortly before the conclusion of Gold Wall, the DoDs program on the law of
warfare was already in place.
10
11
103
battle of Sadr City.15 Interestingly, what did change was a new mission driven climate of flexible reinterpretation
and versatile application when approval was delegated to lower echelons of the chain of command.16 Third, the
Iraqi Army was not yet prepared to conduct high intensity warfare of the sort envisioned in advance of the start of
Operation Striker Denial. Additionally, with regard to their law enforcement role, Iraqi police forces were deemed
unreliable.17
MNF-I senior leaders drew the statement of the military problem around the elimination of JAMs capacity to
continue rocket and mortar fires upon the IZ. While JAM militiamen were responsible for elevated violence
throughout Baghdad, the looming Sadr City battle had to address JAM rocket and mortar capacity. Therefore,
the mission concept was built on the acknowledgement that classic MNF-I counterinsurgency tactics would not be
utilized throughout the wider Sadr City area as MNF-I and the regime lacked the forces to fully clear and hold the
35km2 area and its thousands of structures.
Rules of Engagement
From the outset, U.S. and Iraqi leaders knew that overcoming Sadrist forces in their Baghdad strongholds could
not be accomplished by using the same concept of operations U.S. forces employed in the late 2004 campaign to
clear Fallujah of AQI militants. In that fightthe last of three confrontations throughout 2004U.S. authorities
compelled civilian noncombatants to depart Fallujah or be caught up in the armed confrontation that would follow
between U.S. and militant forces. At its conclusion, the campaign to rid Fallujah of entrenched AQI forces caused
extensive damage to homes, businesses, and infrastructure. In early 2008, neither MNF-I leadership nor the Maliki
regime leaders believed a Fallujah-like approach would succeed in ending JAM mortar and rocket attacks.
Since the 2003 invasion of Iraq, U.S. ROE evolved to control and shape the application of lethal force, particularly in
urban settings.18 None of these ROE were cancelled during the 2008 Sadr City campaign. Rather than continuing
their practice of reserving engagement approval at the senior MNF-I/MNC-I level, commanders in Striker Denial
and Gold Wall delegated force application approval to the BCT commander (Colonel) level. Like all operations in
Iraq, the ROE and delegation of authority drove preplanned targeting selection and framed conduct of aerial and
ground force application. The ROE ensured that for the entirety of Striker Denial and Gold Wall, no free-fire zones
existed within the Sadr City AO. A good example of the bedrock that 2008 Sadr City Battle ROE were built upon
is the 2005 ROE used across MNF-I/MNC-I. Of note is point 2., sub-bullet d., Do not target or strike hospitals,
mosques, churches, shrines, schools, museums, national monuments, and other historical and cultural sites, civilian
populated areas or buildings UNLESS [source emphasis] necessary for self-defense.
Consistent with ROE after the 2003 invasion, U.S. and Iraqi forces did not employ phosphorus weapons, cluster
munitions, or use mining munitions. To ensure ROE compliance, U.S. Judge Advocate General ( JAG) attorneys
continued to use established processes and procedures to review preplanned and immediate target strike requests
when such review was appropriate. In matters of imminent threat and situations of self-defense, the JAG Corps
found that U.S. forces acted consistent with the ROE.19 Furthermore, the MNF-I/MNC-I JAG Corps reviewed the
The concept of ROE is not consistent across all militaries but its use is more widespread than any time in the modern era. An
invaluable resource for background on the inception of ROE and Standing Rules of Engagement (SROE) is contained in the
U.S. Army Judge Advocate Generals public homepage in a document titled, The Operational Law Handbook, dated 2011.
The handbook addresses U.S. ROE across all warfighting domains and is used as the baseline legal point of entry for follow-on
ROE discussions above the unclassified level. In 2008, a version of this same handbook existed and was available for use by
MNF-I/MNC-I forces.
16 RAND, p.53. From the U.S. Army JAG Corps Operational Law 2008 and current (2011) version(s): U.S. ROE are not just
distillations of customary and treaty law. America political objectives and military mission limitations as established by senior
commanders at key echelons drive the creation of operation specific ROE.
17 Ibid, p. 95
18 The unclassified version of the 2005 card is reproduced in the 2008 U.S. Army Operational Law Handbook. See U.S. Army
2008, p. 103
19 CJCSI, p. 98. The Standing Rules of Engagement (SROE), revised in 2005 and promulgated by the Chairman of The Joint
Chiefsthe SROE in place for the Battle of Sadr City, emphasized that U.S. commanders and personnel always retain the right
to defend their respective units or person, in response to a hostile act or demonstrated hostile act.
15
104
legality of combat actions when doing so was appropriate or asked to do so by U.S. senior commanders and Iraqi
officials.
It could be said of U.S. SOP in Iraq and Sadr City that the use of force was focused against insurgent personnel
and not their operating infrastructure except where destroying a given building exposed U.S. and Iraqi forces to the
least risk.20 In contrast, within Sadr City, JAM complicated U.S. targeting by not operating from declared or clearly
identifiable military facilities. Instead JAM violated LOAC principles by fighting from homes, businesses, mosques,
and other facilities with no recognizable military or governmental function.21
Warnings to Population
Owing to the nature of the insurgency and U.S. tactical norms at that time, standard operating procedure (SOP)
was to assault a site with an element of surprise. As such, U.S. forces were under no LOAC constraint, JAG
Corps restriction, or self-imposed requirement to compromise that surprise by warning site occupants or nearby
noncombatants that a U.S. raid was about to occur.22 In the specific case of counter insurgency war in Iraq, the
issuance of any such warning could allow insurgents the opportunity to escape.
Professionalism
Senior U.S. leader oversight of Striker Denial and Gold Wall remained at MNC-I headquarters, Al Faw Palace,
Camp Victory; MNF-I Headquarters, Baghdad; and MND-B Headquarters, Baghdad. Tactical planning and
execution rested with 3-4BCT headquarters located in eastern Baghdad. From their tactical headquarters, the
3-4BCTs command element conducted planning, approved fires requests, and coordinated mission activities.
Inasmuch as the BCT commander reserved use of force approval for planned attacks and raids, U.S. personnel
on the ground made use of force decisions based on their legal right to self-defense when engaged or threatened
by JAM personnel within the BCT battlespace.23 It is important to note that there were no reported incidents of
U.S. military personnel conducting looting or using lethal force outside the provisions of the ROE. All U.S. forces
personnel were required to be educated on and highly proficient in the interpretation and application of force
consistent with the ROE. Additionally, each member of U.S. forces in the field had on his person a copy of the
MNC-I ROE card. Given the experience levels of 3-4BCT personnel and their well developed tactics, techniques,
and procedures (TTPs) there were no recorded incidents of operational mistakes, e.g., wrong target attacked or
incidents of friendly fire.

The battle of Sadr City was comprised of two discrete, consecutive operations. The first operation, Operation Striker
Denial began on 26 March 2008 and lasted until 14 April when the main thrust of MNF-I effort changed. Building
on the gains of the first operation, Operation Gold Wall began on 15 April and continued until its termination on
15 May.
The lead U.S. force element in both operations was the Third Brigade Combat Team (BCT) of the U.S. 4th
Infantry Division (ID). On the Iraqi side, the 42nd and 44th IDs were the principal Iraq Army (IA) entities available
for stability and security operations throughout Baghdad. There remained a question as to how many Iraq National
Police (INP) were available for duty during the battle, as U.S. intelligence estimated that some substantial but
This stands in contrast to the Israeli Defense Forces (IDF) use of their knock on the roof SOP during Operation Protective Edge
in 2014. Protective Edge made infrastructure destruction a key campaign outcome versus killing or capturing specific insurgent
personnel or known Hamas operative. In contrast, during Americas 8-year Iraqi occupation, capture/kill of insurgentsnot the
buildings they occupiedwas the needed key outcome of counter-insurgency missions.
21 What did occur but cannot be quantified is the destruction caused by JAMs mortars and rocket upon innocent noncombatants
as well as collateral damage when JAMs firesunguided as they all were, fell short, were errantly aimed, or poorly conducted.
Such incidents are corroborated in David Johnsons RAND monograph, The 2008 Battle of Sadr City,
22 It should be emphasized that since 2008 the militaries of other nations have taken a different course with regard to warning
noncombatants as to the imminence of a raid or attack. Each nation must define the purposes of its ROE and its specific terms
and conditions. However similar or different than U.S. ROE in Iraq, any other nations ROE must be viewed through the lens
of its time and its specific policies, other restraints, and local force application constraints.
23 RAND, p. 53
20
105
unquantifiable number of Federal, provincial, and local police officers in eastern Baghdad were undeclared Sadrist
loyalists with close ties to JAM.
During the first week of Striker Denialthe opening phase of the 2008 battle, U.S. forces moved into the periphery
of the Ishbiliyah and Habbabiyah neighborhoods of Sadr City. In response, JAM forces conducted widespread
counter-attacks. However, Striker Denials scheme of maneuver called for U.S. forces to operate in the lead with
Iraqi forces in supporting positions to push only far enough east within Sadr City as to seize the urban terrain used
to launch JAMs long-range mortars and rockets. However, there were a handful of deep Sadr City raids conducted
by select U.S. Army units to challenge and diminish JAMs capacity to resist.
Overhead intelligence, surveillance and reconnaissance (ISR) and compiled intelligence identified and tracked
some of the movements of key Sadrist leaders and built a basic picture of JAM forces operations within Sadr
City. Consistent with MNF-Is top priority of the neutralization of JAMs rocket launch teams, that capability
was aggressively analyzed by MNF-I. Additionally, use of U.S. Special Operations Forces personnel, precision
weapons strikes, and restrained use of direct fire weapons gave MND-B forces the methods to effectively oppose
JAM militiamen yet mitigate the likelihood and risks of collateral damage and civilian casualties. Moreover, the
U.S. 3-4BCT had unusual, round-the-clock access to U.S. Air Force and U.S. Army overhead ISR platforms as well
as Army attack aviation helicopter air weapons teams, and on occasion on-order close air support to counter JAM
personnel concealed within civil structures.24
U.S. forces took up their initial positions of Striker Denial along a main thoroughfare that ran along Sadr Citys
southwest flank, Al Quds Streetoperationally named Route Gold by U.S. forces. Route Gold served as a general
reference for the forward limit of troop deployment though no such limit existed for U.S. air operations and artillery
fires. The selection of Route Gold was to establish a working limit and soft boundary to decrease potential U.S.
casualties, limit collateral damage, and cap civilian casualties that could all be incurred within the tight confines
of Sadr Citys streets. However, none of these considerations prevented JAM attacks on Iraqi and U.S. forces
assembled and dug in along Route Gold.25
The relatedness of both operations was a function of redevelopment as each effort unfolded: Striker Denial attacked
the sanctuaries that contained JAM rocket and mortar firing positions within the Sadr City; Gold Wall emplaced
a 4.6 kilometer t-wall barrier along Al Quds Street at a distance that put the IZ beyond JAMs 107mm rocket and
long-range mortar ranges.
Throughout both operations, U.S. forces leveraged RPAs and Special Forces capabilities to target JAM leaders
hiding within Sadr City and interdict JAM rocket firing teams. The 3-4BCT benefitted from approximately 120
AGM-114 (Hellfire) guided missiles [from both Air Force RPAs and Army AH-64s], six long-range Army guided
missiles, and eight guided weapons ( JDAMs) dropped by U.S. Air Force fighter aircraft. At the conclusion of Gold
Wall, U.S. and Iraqi forces began a longer-term stability mission on the Baghdad side of the t-wall barrier to revive
the local economy, repair damaged buildings, and promote an environment intolerant of JAM return.26
Investigation
During the 8-year occupation of Iraq, when ROE violation allegations were substantiated and charges appropriate,
the MNF-I and MNC-I chains of command aggressively prosecuted U.S. personnel. The processes to discover
alleged ROE violations exist within every U.S. military organization.27 That being said, the conduct of American
RAND, p. xviii
Ibid, p. 47
With regard to decreasing JAMs rocket attacks upon the IZ, stabilization efforts succeeded because the t-wall established
an urban terrain space defensible by MND-Bs resources. The reality was that JAM could operate beyond the t-wall at will;
however, their 107mm rocket systems were not usable against the IZ. Perhaps sensing the futility of their resistance and the
high cost in personnel, JAM ceased their rocket attacks in May 2008. Their other paramilitary and insurgent activities also
dwindled.
27 The civilian oversight component of the U.S. military remains in the Office of the Secretary of Defense including its legal team
with its direct linkage to the U.S. department of Justice and the executive branch of the U.S. government. Since a function of
ROE is to assist military units in their application of force as they transition of out peace into war, the JAG Corps , ROE, SROE,
etc. are not adhoc creations in expeditionary warfighting environments. These mechanisms, rules, and processes exist in daily,
24
25
26
106
or Iraqi forces during the Battle of Sadr City did not bring about allegations of LOAC violations as it pertained
to operations associated with the battle. The 3-4 BCT and all other Coalition units operated with these internal
monitoring, reporting, and documentation processes. Accordingly, U.S. Air Force units used their standard combat
post mission debriefs and imagery assessment processes to ensure compliance with the LOAC. As previously
mentioned, the JAG Corps investigated charges of ROE violations and allegations of related criminal behavior and
if appropriate, commanders preferred charges utilizing specifications contained within the U.S. militarys Uniform
Code of Military Justice (UCMJ).
Enemy Forces
Ideology
JAMs political ideology was essentially built on the cult of personality surrounding Moqtada al-Sadr, the successor
son to his father Grand Ayatollah Mohammad Sadeq al-Sadr, himself a prominent Iraqi Shia cleric. Aside from
the Shiite theology associated with the Mahdi, al-Sadr sought to establish a kind of Shia paramilitary and political
power that the Saddam Hussein regime oppressed. As Sadrs newly organized entity spread across eastern Baghdad
in early 2004, it clashed with the forward limits of U.S. forces deployed in Baghdad.28 As part of the growing
influence of the Sadrist Trend both in Baghdad and throughout southern Iraq, paramilitary Shia militiasmost
notably JAMthwarted Iraqi and U.S. military and police forces that attempted to establish effective regime control
in the Shia neighborhoods of northeast Baghdad.
Capabilities
U.S. intelligence estimates put the number of JAM militiamen operating in Sadr City between 2000 and 4000.29
Tactically, JAM militiamen were equipped with small arms and automatic weapons commonly available throughout
Iraq. On occasion, U.S. forces encountered JAM snipers with advanced long-range rifles. Although JAM personnel
did not operate with night vision equipment, it is conceivable that JAM snipers used rudimentary commercial
starlight scope technology. JAM also leveraged longer-range mortars and rockets supplied by Iranian sources and
employed sophisticated roadside improvised explosive device (IED) designs responsible for deaths and injuries to
U.S. and Iraqi military personnel as well as noncombatants throughout Sadr City.
JAMs weapon of choice was indiscriminately fired mortars and rockets. JAMs intended effect of repetitive rocket
launches into the IZ was to sow doubt in the minds of domestic audiences that Iraqi forces could not protect the
seat of government and by extension, the Iraqi populace from the predation of the entity conducting the attacks
or any other actor. As such, the chronic threat of rocket attack within the IZ established the notion that not only
was the fledgling Iraqi government weak but through the lens of Iraqi culture and Arab concepts of strength, also
illegitimate. Sensing the imminence of these effects, JAM leadership increased their ground insurgent activities and
stepped up rocket raids to hasten a decisive phase in the struggle for ascendance in Iraqi society.
The 107mm rocket, approximately four feet in length is capable of a maximum range of 8 kilometers, or 4.9 miles.
At this range, JAM rocket teams could operate west of Route Gold and fire upon the IZ at maximum flight range
of the rocket. With a warhead of 8.4 kilograms/18.5 pounds, the lethal blast radius of the rocket could be up to 40
meters/130 feet. JAM fired their 107mm rockets from field fabricated steel tube racks elevated but not expressly
aimed at a given building or site. The 107mm rocket was available to JAM from Russian, Chinese, or Iranian
non-deployed life where they are just as relevant as in conflict and it is that relevance that allows the concept of ROE to work
so well in the post-Vietnam American military.
28 Thus, the Jaish al-Mahdi (JAM) [Mahdi Army] came into being in the form that fought against regime and U.S. forces. U.S.
forces clashed repeatedly with JAM militiamen in numerous Iraqi cities with large Shia communities such as Kut, Karbala,
Najaf, and Basra. JAMs raison detre was the political empowerment of Iraqs Shia majority according to al-Sadrs political
platform for Shia determination and activism. Looking back over decades, Iraqs Shia were not allowed to politically organize
and become a voting block with access to substantive power.
29 RAND, p. 100
107
sources. It is alleged that JAM used the 122mm Grad rocket. The Grad has a range of up to 20 kilometers and
a warhead twice the size of the 107mm rocket.
Rules of Engagement
It is unknown if JAM incorporated guidelines of restrained use of force into their brand of warfare; however, it is
clear that JAM operated entirely outside of customary and treaty principles governing the conduct of war.

Although not classified as a state or a signatory to any Geneva or Hague conventions on the conduct of war, JAM
needed to comply with basic LOAC principles if it hoped to garner public support and build lasting political legitimacy.
However, JAMs use of indiscriminate rocket and mortar fire violated at least two LOAC principles, perhaps more.
First, JAM fire compromised the notion in LOAC of military necessity, an idea that holds that combatants use the
least force required to obtain military purposes. Next, JAM violated the LOAC principle of distinction for a chronic
failure to distinguish between the objectives of its use of force, civilians, and civil sites. JAMs failure in this regard
was further underscored by their continuous use of unguided weapons that produced destructive and lethal effects
wherever they landed in the large urban areas of Baghdad, inside and outside of the IZ.
During the battle, JAM forces did not use innocent civilians as human shields or engage in suicide bombing
operations. They did, however, take refuge in the places where civilians lived. On occasion, JAM personnel exploited
mosques and some Iraqi medical facilities within the Sadr City area to stage men, equipment, and weapons. In
general, U.S. and Iraqi general-purpose forces refrained from attacking Sadr City mosques and facilities used as
medical services sites.30
JAM resorted to the use of IEDs that harmed U.S. military and innocent Iraqis to include use of unguided rocket
fire, mortars, and automatic weapons in ways that endangered civilians not involved on either side.31 Furthermore,
the criminal involvement of JAM militiamen in abductions, torture, and murder of innocent Sadr City Iraqis whom
JAM accused of collaborating with the Maliki regime or U.S. military forces further put JAM beyond the pale of
not only LOAC, but all civil law.32 Since 2003, Coalition ISR data built a patchwork picture of the patterns of JAM
forces behavior in Sadr City.33 In particular, the forms of JAM violence against U.S. and Iraqi forces southwest of
Sadr City revealed a complicated pattern of JAM operations within a dense but permissive Sadr City environment.
The rhythm of JAM large-group insurgent activity was its daily group rallies deeper within Sadr City. At the
conclusion of the rallies, JAM groups drove non-military vehicles to dismount positions along the southwest and
northwest edges of Sadr City. At these locations, JAM personnel dressed in civilian clothes moved to skirmish
positions versus nearby U.S. and Iraq Army personnel. After a predetermined period of battle time, JAM personnel
returned to their vehicles for the brief car ride back to their Sadr City rally points. This cycle of insurgent operations
occurred over years and in time grew to include the integration of increasing mortar and rocket fire.
This consistent with the MNC-I ROE card of 2005 and other applicable unclassified and classified guidance promulgated by
MNF-I and MNC-I.
31 RAND, p. 102. Authors note: It is worthy of note that JAM did not attempt to impute to itself the status of a state. Because
JAM thought of itself as a loosely organized movement, it did not conduct an international information operation of suasion.
Accordingly, U.S. and Iraqi forces proceeded in accordance with self-imposed rules that restrained their use of force in a onesided way whereby JAM was not interested in reciprocal observance of LOAC and self-imposed restraints.
32 Ibid, p. 93
33 MNF-I recognition of Shia militia activities in the Sadr City dated back to the spring of 2004 when JAM stepped into Iraqi
national politics as a leader among the Shia block of Iraqi society. Since 2004, ongoing U.S. surveillance and reconnaissance
sought to build a more informed intelligence picture of JAM including other Shia militias on the ground in Sadr City and
elsewhere in Baghdad. The appearance of explosive force projectile (EFP) warheads in IEDsa distinctive Iranian warhead
technology accelerated MNF-Is intelligence gathering and related interdiction efforts to thwart the organizing efforts of the
Shia militias that included JAM, Asaab al-Haq, and Kitaab al-Hizbollah. These same entities persist to this day within Iraqi
society and are visibly involved in todays fight against the Islamic State in Iraq.
30
108
Outcomes
Casualties
By the end of Operations Striker Denial and Gold Wall, six U.S. soldiers had died. On the enemy side, JAM lost
an estimated 700 fighters during the conflict. Moreover, during the fighting, most of JAMs senior and junior
leadership had fled Sadr City for Iran or Syria.34
An intractable challenge that existed for the entirety of the period Coalition forces operated within Iraq would once
again complicate attempts to quantify casualties. Accurate civilian casualties figures were not forthcoming from any
source with a comprehensive, accurate look across the Shia population of Sadr City; however, that does not mean
that there was no source for casualty figures. Johnson, in his monograph, The 2008 Battle of Sadr City, cites
casualty data published by the British medical journal, Lancet. Johnson writes:
The battles human consequences were significant. According to the British medical journal The Lancet, municipal
officials in Baghdad estimated that the fighting killed 925 people and wounded 2,605, an estimate which does not
distinguish combatants from noncombatants.35
An accurate count of internally displaced persons (IDP)local populace displaced from their primary location of
livingis also not known. Like casualty figures, the ability to accurately quantify IDPs during the 2008 battle or
elsewhere within Iraq today still remains beyond the reach of the government.36
Damage To Property
Damage and destruction to civilian property was not quantified in the aftermath of the battle. While overhead
imagery and practical structural damage assessment methods exist, it is not known if any comprehensive building/
structure damage study was ever undertaken within the Sadr City area. This challenge was most acute within
Sadr City owing to its high density of structures and populace, arguably the highest of any other area of the
greater Baghdad region. Lastly, basic security problems on the ground in Sadr City made accurate post-battle
assessment of individual structures problematic. In the end, using overhead imagery derived from any source is
only an informed guess as the true limitation to usethe degree of damage to a structure. Larger questions
concerning infrastructure damage are somewhat easier to visualize in the environment but nevertheless challenging
to quantify.37
While the Sadr City economy suffered disruption and dislocation during the battle, the economy had been exploited
and constrained by JAM while they blamed its post-conflict decline on government malfeasance. This narrative
remained a central element to JAMs propagandist agenda and its methods.38 In an attempt to resuscitate the Sadr
City economy and sever JAMs local grip in the aftermath of the battle, U.S. forces dispensed grants up to $2,000
dollars to Iraqi business owners to assist them in their recovery.39
For these casualty numbers, see Johnson, p. 13; also Gordon and Rubin, Operation in Sadr City is an Iraqi Success, So Far,
New York Times, 21 May 2008
35 RAND, p. 98. Authors note: Lancets casualty estimates are not without some controversy. At other times during the course
of the 8-year U.S. occupation of Iraq, Lancet figures concerning the number of aggregate civilian deaths proved controversial
concerning its data gathering methodologies. Those arguments will not be reprised here. Suffice to say, the problem of accurate
casualty count is a quest for data that while not unknowable cannot be known with the limited range of sources which existed.
36 The causes of that difficulty predominate throughout all sectors and locations of Iraqi society. Within Iraq this general opacity
will likely persist for some time.
37 While a precise census of structures damaged was not undertaken, it is plausible that MNF-I/MNC-I leaders did not see
a justified requirement to so. According to MNC-Is 2005 ROE card, bullet 2., sub-bullet e.: Do not target or strike Iraqi
infrastructure (public works, commercial communication facilities, dams), lines of communication (roads, highways, tunnels,
bridges, railways) and economic objects (commercial storage facilities, pipelines) UNLESS (source emphasis) necessary for
self-defense or if ordered by your commander. If you must fire on these objects, fire to disable and disrupt rather than destroy.
38 RAND, p. 89
39 Ibid, p. 90
34
109
Closing Thoughts
The battle of Sadr City is a compelling example of the challenges of fighting in urban environments throughout the
varied locations of the 21st century world, with all of the advantages and handicaps of this era. As a battle, Sadr
City gets at an underappreciated truth in war: a nation can attempt to directly wrestle against the strategy presented
by its enemy on its terms or that nation can conceive and impose another strategy, not indirect, but enabled by its
optimally tuned tactical action.
In the final analysis, MNF-I forces avoided the trap of confronting JAMs strategy through an over-reliance on
area brute force enabled by withering firepower and multi-domain maneuver. None of those advantages would
have delivered a win like the one produced in the aftermath of the Sadr City battle. Though not apparent at
the beginning of the fight, JAMs operational approach did not have to fail, but it did. Unfortunately, there is no
authoritative explanation for JAMs inability to drive off U.S. and Iraqi forces when it seemed that a well-executed
insurgency campaign could do so by exploiting the depth of Sadr City in ways the U.S. could not thwart.40
While every problem contains clues to the seeds of its solution, not every enemy will offer up hints to the defeat of
its campaign strategy. Furthermore, because intelligence is always imperfect as to the enemys actual motivations
and intentions, clashing forces must rely on the accepted truths of warfare regarding mass, surprise, maneuver, etc.
At bottom, those are maxims, not substitutes for brilliance of strategic creativity. Inasmuch as strategic creativity
is perhaps the secret sauce of warfighting asymmetric advantage, too little of it combined with an abundance of
tactical brilliance does not allow any military to remain blind to or ignorant of at least two other considerations.
First, unless the enemy concedes defeat without conditions, a cessation of armed hostilities means the war may
continue by other means. In these scenarios, every day the enemy lives becomes new fabric woven to better clothe
his victory narrative. Second, information in war has an often-underestimated life span and unappreciated mass
that can outlast the blast effects of the most exquisite precision rounds.
Works Cited
1.
2.
3.
4.
5.
6.
7.
8.
40
110
Chairman of the Joint Chiefs Instruction (CJCSI) 3121.01B, Standing Rules of Engagement / Standing Rules for
The Use of Force For U.S. Forces, dated 13 June 2005, Appendix A, Joint Staff, Pentagon, Washington, DC, para. 6,
Responsibilities.
David Johnson, PhD, interview, 3 June 2015, Washington, DC.
Gordon, Michael and Alissa Rubin, Operation in Sadr City is an Iraqi Success, So Far, New York Times, 21 May
2008. Online.
How Technology Won Sadr City Battle. CBS News. 9 October 2008. Online video.
Institute For The Study of War, Iraq Report, March-May 2008, Washington, DC.
Multi-National Corps-Iraq (MNC-I), Rules of Engagement Card For U.S. Forces, 2005, MNC-I Headquarters,
Camp Victory, Iraq, pg. 1, bullet 2., sub-bullet e.
RAND Corporation, The 2008 Battle of Sadr City, Reimagining Urban Conflict, David Johnson, PhD, et. al., 2013,
Washington, DC.
U.S. Army, Operational Law Handbook, The Judge Advocate Generals Legal Center & School, Charlottesville,
Virginia, International and Operational Law Department, 2008.
Johnson interview (2015). Johnson emphasizes that to avoid over-complicating the victory in Sadr City it is important to
concede that because an enemy ceases active confrontation in one locale does not imply that the enemy is defeated there or
elsewhere. It would seem that JAM lost its political legitimacy and a key source of its combat power for at least two reasons:
first, it ran short of people willing to take up arms; second, JAMs fighters could not be replaced as fast as they were depleted.
Most telling, it was not precision, RPAs, or armor that upended JAMs vision: it was wisely deployed concrete in the form of
low-tech t-walls.
United States Drone

Campaign in Pakistan
FATA, Pakistan
2009 2015
Colonel Richard Kemp CBE

with Jasper Reid
Overview
This study will focus on the drone campaign in Pakistan from 2009, the year in which President Obama began his
first term and increased the use of drone strikes, through September 2015, the most recent month for which drone
strike data is available. While American military drones operated by the United States Air Force have conducted
drone strikes within Pakistan, the majority of strikes have been under the command and direction of the U.S. Central
Intelligence Agency (CIA). Since 2009, over 330 drone strikes have targeted members of Al Qaida, the Tehrik-iTaliban Pakistan (TTP) and the Haqqani Network in the Pakistani provinces of North and South Waziristan. Due
to the covert nature of the operations and the difficulty of confirming casualties, the United States government
does not release official statistics on the drone campaign in Pakistan. According to estimates by the New America
Foundation, the Long War Journal and the Bureau of Investigative Journalism, drone strikes since 2009 have killed
between 1,800 and 2,200 militants and between 100 and 250 civilians. Overall, the drone campaign in Pakistan has
been successful in eliminating leaders and disrupting the activities of Al Qaida, the TTP and the Haqqani Network.
Historical Context
The United States launched its war against Al Qaida and the Taliban in Afghanistan in October 2001 in response
to the 9/11 terrorist attacks. As a result of American military superiority and success in Afghanistan, many Al Qaida
leaders and operatives as well as Taliban insurgents fled into Pakistan, a country with whom the United States was
not at war. Many of these Al Qaida and Taliban members found refuge in North and South Waziristan, a region
long occupied by jihadists since the days of mujahideen resistance against the Soviet Union in the 1980s.
111
As many Al Qaida and Taliban militants made their way into Pakistan, American officials sought to continue
their strategy of attacking Al Qaida leaders and operatives in order to remove the threat they posed to American
interests through terrorism. Because American and Pakistani officials sought to keep American ground forces out
of Pakistan, the most effective and efficient option available was the use of armed drones. The first of these strikes
was carried out in 2004 under George W. Bushs administration.1 Under President Bush, between 46 and 68 strikes
were carried out which killed between 230 and 500 militants and between 90 and 170 civilians.2
Urgency and Intensity

The United States views the targeting of Al Qaida operatives and Taliban insurgents as very urgent. These groups
are responsible for planning and conducting terrorist attacks against the United States and its allies and the next
attack is viewed as imminent. Given this outlook, the United States seeks to bring the fight to Afghanistan, Pakistan,
Yemen, Somalia and other nations where Al Qaida and their associates are operating. This is undertaken in order
to eliminate leaders and members who might have planned or are in the process of planning attacks against the
United States or against its interests and allies overseas.
Drone attacks have been conducted sporadically depending on current intelligence, the movements and actions of
enemy combatants and the probability of killing an enemy without causing civilian casualties. For example, it was
estimated that the United States carried out over 120 drone strikes in 2010; while in first nine months of 2015 there
have only been 11.3 The number of annual drone strikes has decreased since 2010 due to other factors including the
elimination of many high-level Al Qaida, TTP and Haqqani Network leaders as well as domestic and international
political pressure to limit strikes.4
Terrain
CIA drone strikes in Pakistan have taken place almost entirely within the Federally Administered Tribal Areas
(FATA) which are located in the northwest of Pakistan, along the border with Afghanistan. The region spans over
27,000 square kilometers and is divided into seven districts or agencies including Bajaur, Mohmand, Khyber,
Orakzai, Kurram as well as North and South Waziristan, the two agencies where the majority of U.S. drone
strikes have occurred. Each of the seven agencies has its own tribal, religious and socioeconomic characteristics
that make it distinct.5 The FATA is remote, mountainous and difficult to traverse as transportation infrastructure is
underdeveloped. Historically, the region has been dominated by local Pashtun tribes and remained semi-autonomous
from the central government in Islamabad. As a result of its de facto autonomy, the FATA has been described as
the lawless frontier and a melting pot for jihadists from all over the world due to the lack of government authority
and the number of militant groups who train and reside in the area.6
Why are they fighting?

The United States drone war in Pakistan serves two purposes: first, to weaken Al Qaida who have made North and
South Waziristan a base of operations; and second, to weaken the Taliban and the Haqqani Network who have fled
into Pakistan from Afghanistan, especially after the U.S. troop surge in Afghanistan in December 2009.
Civilian Population
The FATA region has a population of over three million people and is made up primarily of ethnic Pashtuns
who are subdivided into various tribes and clans.7 These Pashtuns are part of a larger population defined by an
adherence to the tribal code of Pashtunwali and are often referred to as Afghans or Pathans. In the 18th century, the
1
2
3
4
5
6
7
112
The drone campaign has spanned two American presidents and four presidential terms.
Roggio, Bill. Charting the data for US airstrikes in Pakistan, 2004-2015. The Long War Journal; Drone Wars Pakistan:
Analysis. New America Foundations Drone Database
Ibid
Dilanian, Ken. CIA drone strike program targeting Pakistan winds down. PBS Newshour
Nawaz, Shuja. FATA--A Most Dangerous Place. CSIS, p. 13
Johnston, pp. 4-5; Zissis and Bajoria, Pakistans Tribal Areas, Council on Foreign Relations
Ibid, p. 4
Afghan-Pashtuns organized a state that encompassed modern-day Afghanistan and the Pashtun lands of northwest
Pakistan.8 During the British colonial period, the Pashtuns often resisted British control which had, by that time,
created the FATA out of Pashtun territory.
Since Pakistans independence in 1947, the FATA has been within Pakistani territory, yet the Pakistani government
has remained outside of the area, preferring to avoid the politics of this complex tribal region.9 As a result, the
area has experienced far less socioeconomic development compared with the rest of Pakistan.10 The Pashtuns
of the FATA also adhere to a more conservative branch of Islam compared to the other largest Pakistani ethnic
groups such as Sindhis and Punjabis. During the Soviet invasion of Afghanistan in the 1980s, the FATA served as a
sanctuary for mujahideen fighters fleeing Soviet troops and looking to regroup before waging counterattacks.
The United States does not enjoy widespread support in the FATA region or throughout Pakistan. According to a
poll conducted amongst residents in the FATA region by journalists Peter Bergen and Patrick Doherty, nearly nine
out of 10 people oppose drone strikes in the region. Furthermore, almost six in 10 believe that suicide attacks are
justified if carried out against the U.S. military in Afghanistan.11 It is worth noting that residents interviewed also
expressed their opposition to Al Qaida, TTP and Haqqani militants in the region, but they preferred that these
militants be countered by Pakistani troops as opposed to foreign forces.12 Negative views of the United States are
also reported throughout the rest of Pakistan. According to a Pew Research Center poll conducted in 2012, over
74 percent of Pakistani citizens considered the United States to be their enemy.13 A Gallop Poll conducted in 2009
found that 67 percent of Pakistanis opposed drone strikes with 9 percent reporting a favorable view and 24 percent
neutral.14
Al Qaida, Tehrik-i-Taliban Pakistan and the Haqqani Network

American drone strikes in the FATA region of Pakistan have primarily targeted three groups: Al Qaida, Tehriki-Taliban Pakistan (TTP) and the Haqqani Network.15 These groups all share a common jihadist ideology and
explicit anti-Americanism, both of which have led them to conspire with each other in the past. As Commander
of United States Central Command from October 2008 to June 2010, U.S. General David Petraeus described the
relationship between the organizations in the FATA saying, There is clearly a symbiotic relationship between all of
these different organizationsAnd its very difficult to parse and to try to distinguish between them. They support
each other, they coordinate with each other, sometimes they compete with each other, [and] sometimes they even
fight each other. But at the end of the day, there is quite a relationship between them.16
Ideology, Motivation and Objectives

Al Qaida is a Sunni Islamist international terrorist organization founded by Osama Bin Laden in 1988.17 It
originally grew out of an organization set up by bin Laden and Abdullah Azzam, a Palestinian religious scholar,
which financed, recruited and trained thousands of mujahideen who resisted the Soviet invasion of Afghanistan
during the 1980s.18 By the time Soviet forces were withdrawn from Afghanistan, bin Laden broke with Azzam and
Williams, p. 11
Schorzman and Nazish, A Long History of Rebellion in the Mountains of Pakistan, The New York Times, 30 June 2014;
Williams, p. 12
10 Nawaz, Shuja. FATA--A Most Dangerous Place. CSIS, p. 13
11 Bergen and Doherty, U.S. led drone war is self-defeating, CNN News. 20 September 2010
12 Fewer than 10 percent supported Al Qaida while fewer than 20 percent supported the TTP. See Bergen and Doherty, U.S. led
drone war is self-defeating, CNN News. 20 September 2010
13 Pakistani Public Opinion Ever More Critical of U.S., Pew Research Center, 27 June 2012; Byman, Why Drones Work: The
Case for Washingtons Weapon of Choice, Foreign Affairs, July/August 2013; Coll, The Unblinking Stare, The New Yorker,
24 November 2014
14 Williams, p. 115
15 Johnston, p. 6
16 Bruno, Shared Goals for Pakistans Militants. Interview with Gen. David Petraeus. Council on Foreign Relations. 6 May
2010
17 Al Qaida is Arabic for the Base.
18 Bajoria and Bruno, al-Qaeda CFR Backgrounder
8
9
113
founded Al Qaida which was intent on waging jihad in order to drive out western influence from Muslim lands and
to set up governments that would adhere to a fundamentalist Salafi interpretation of Islam.19
Al Qaida was based in Afghanistan from the mid-1990s thru 2001 when they were targeted by United States
and coalition forces in the aftermath of the September 11th attacks. As a result of the American invasion and
subsequent occupation of Afghanistan, many of Al Qaidas leadership and members sought refuge in the FATA
where fellow jihadist groups were located. Al Qaida members in Pakistan now number approximately 150-300 and
are comprised of jihadists from across the world.20 In their pursuit of waging war against the West, Al Qaida has
also trained a large number of Taliban insurgents, particularly in the use of suicide bombings, which have become
popular tactics for Taliban insurgents both in Afghanistan and Pakistan.21
American drone strikes also target members of the Tehrik-i-Taliban Pakistan (TTP), also known as the Pakistani
Taliban, which was established in 2007 and brought together over 40 Islamist militant leaders from across the
FATA.22 The TTP is predominantly Pashtun and is focused on overthrowing the Pakistani government and
establishing an Islamic emirate in the mold of the Taliban government that ruled Afghanistan from 1996-2001.
The TTP is not an affiliate of Al Qaida but has worked closely with the global jihadist organization to overthrow
the Pakistani government, hold Pakistani territory and resist American influence in the FATA region and within
Afghanistan.23 As of April 2014, the TTP numbers approximately 25,000 men and is located almost entirely in
North Waziristan as the result of an ongoing Pakistani army offensive which involves over 150,000 troops.24
The third group that American drone strikes target in Pakistan is the Haqqani Network which shares an ideology
and also cooperates with both Al Qaida and the TTP. The founder of the Haqqani Network, Jalaluddin Haqqani,
was a former commander of mujahideen troops in Afghanistan during the 1980s where he was at one time an
asset of the CIA.25 Once the Taliban took control of Afghanistan in 1996, Haqqani allied his organization to the
Taliban and held a leadership position in that organization throughout the late 1990s.26 Although technically a
branch of the Afghan Taliban, the group remains autonomous and has been responsible for the founding and
operation of a number of madrassasIslamic religious schools that often preach extremist viewsand training
camps in North and South Waziristan. After the U.S. invasion of Afghanistan in 2001, Haqqani allowed militant
groups fighting NATO forces to operate out of his base in the FATA. Since 2001, the organization has been led
by Jalaluddin Haqqanis son, Siraj Haqqani, who is considered more extreme than his father.27 The organization
remains committed to housing Al Qaida operatives and working with the Taliban in Afghanistan and Pakistan to
help resist American and NATO presence in Afghanistan and the FATA region. One of the overarching goals of
the organization is to establish an Islamic caliphate in Afghanistan and Pakistan which would be ruled under strict
Islamic law.28
Strategy to achieve these objectives

The primary strategy of Al Qaida, the TTP and the Haqqani Network has been to seek refuge within the FATA
region, which remains devoid of American and Pakistani ground troops, in order to sustain their organizations. In
doing so, Al Qaida leadership in the area remains capable of communicating with their operatives across the world
in order to plan attacks against western targets; while the TTP and Haqqani Network remain capable of planning
terrorist attacks across Afghanistan and Pakistan as well as cross-border raids into Afghanistan to attack NATO and
Afghan forces. A key difference in the strategy between the three groups is that Al Qaidas aims tend to be global
whereas the TTP and Haqqani Network often focus more on conducting attacks in Afghanistan and Pakistan. This
Ibid
Johnston, p. 6
Bajoria and Bruno, al-Qaeda CFR Backgrounder
Johnston, p. 6
Laub, Pakistans New Generation of Terrorists CFR Backgrounder; Johnston, p. 7 cites documents seized in the Abbottabad
raid that showed AQ was sending help to TTP
24 Bennett-Jones, Pakistan army eyes Taliban talks with unease, BBC News, 25 April 2014
25 Afghan Militant Leader Jalaluddin Haqqani Has Died, BBC News, 31 July 2015; Dressler, ISW report on Haqqani
26 Johnston, p. 7; Afghan Militant Leader Jalaluddin Haqqani Has Died. BBC News. 31 July 2015
27 Dressler, ISW report, p. 10
28 Haqqani Network, Counter-Extremism Project
19
20
21
22
23
114
targeting strategy, however, is not exclusive as TTP and Haqqani militants have also trained jihadists intent on
waging terrorist attacks in western countries.
Tactics used by all three groups include suicide bombings, improvised explosive devices (IEDs), landmines, rocket
and small arms attacks, grenade attacks, assassinations, kidnapping and hostage-taking, hijackings as well as online
and print propaganda.29 Furthermore, Al Qaida leader Ayman al-Zawahri has called for Muslim men in the western
world to carry out individual attacks, also known as lone-wolf attacks, in which central Al Qaida operatives are not
involved in the planning, funding and development of weapons or bombs.30 These attacks are particularly difficult
to prevent as individuals may not be known to western intelligence agencies prior to carrying out their attacks and
there is limited opportunity to penetrate such operations due to their simplicity and little need to communicate.
Rules of Engagement
Al Qaida, the TTP and the Haqqani Network do not adhere to any international laws regulating the use of force
in a combat situation. Al Qaida has been labeled a terrorist organization by the United Nations, European Union,
United States, United Kingdom, France, Canada, Australia, New Zealand, and India among others.31 The TTP has
been listed as a terrorist organization by the United States and United Kingdom since 2010 and 2011, respectively.32
The Haqqani Network has been deemed a terrorist organization by United States and United Nations since 2012.33
Relation to Population
As noted above, Al Qaida, the TTP and the Haqqani Network do not receive widespread support from the
population in the FATA region. Nevertheless, these groups are viewed as preferable to American drone strikes
which have alienated a large majority of FATA residents and the Pakistani public. Al Qaida, the TTP and the
Haqqani Network all engage in systematic intimidation of the public which results in residents of the FATA region
supporting the presence and activities of the militants out of fear. Moreover, the number of civilian casualties
is often inflated by militants and Pakistani media outlets wishing to alter the public opinion of American drone
strikes.34 This results in a population believing that the United States is intentionally targeting civilians.
Conduct during conflict

The CIA drone campaign in Pakistan is by no means a conventional military campaign. This is due to the fact
that the enemy is not a conventional adversary. Since 1992, Al Qaida and its affiliates have been responsible for
innumerable attacks which have killed tens of thousands of innocent civilians. The organizations most notable
attacks include: the 11 September 2001 attacks on the World Trade Center and Pentagon which killed almost 3,000
civilians; the August 1998 bombings of the American embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania,
which killed over 200 people; the October 2000 bombing of the USS Cole, killing 17 American servicemen; the
November 2003 bombings in Istanbul which killed over 55 civilians; the October 2005 Bali bombings which killed
over 20 civilians; and the January 2015 attack on the offices of the French satirical newspaper Charlie Hebdo in
Paris which killed 12 civilians.
The TTP have targeted both security forces and civilians in an attempt to overthrow the Pakistani government
and oust western forces. The one-time leader of the TTP, Baitullah Mehsud of South Waziristan, played a key role
in the assassination of former Pakistani Prime Minister Benazir Bhutto in December 2007.35 The TTP claimed
responsibility for the September 2008 bombing of Islamabads Marriott Hotel which killed over sixty people as well
as the June 2009 bombing of Peshawars Pearl Continental Hotel which killed seventeen people.36 The TTP have
also claimed responsibilityalong with Al Qaidafor the December 2009 suicide bombing in Camp Chapman,
Al Qaeda. Mapping Militant Organizations Project, Stanford University
Al Qaeda chief Ayman al-Zawahri urges lone wolf attacks in the West in new audio recording, Reuters, 13 September 2015
Al-Qaeda, Counter-Extremism Project, pp. 21-22
Foreign Terrorist Organizations, U.S. Department of State, last updated in 2015; Proscribed Terrorist Organizations, U.K.
Home Office, last updated 2015
33 Haqqani Network, Counter-Extremism Project
34 APs analysis of casualties from U.S. drone strikes in Pakistan: the backstory, Associated Press, 28 February 2012
35 Laub, Pakistans New Generation of Terrorists, CFR Backgrounder, 18 November 2013
36 Ibid
29
30
31
32
115
Afghanistan, which killed seven CIA officers as well as the failed plot in May 2010 to detonate a car bomb in
Times Square.37 The most brazen attack carried out by the TTP occurred in December 2014 when seven gunmen
stormed the Army Public School and executed 151 people, including over 130 children.38
Outside of their terrorist attacks, the TTP also engage in intimidation of the local populace throughout North
and South Waziristan. In order to remain undetected, TTP insurgents often move from compound to compound,
demanding that local residents provide shelter in their traditional guesthouse, or hujra. According to Saleem Safi, a
civilian in the FATA region, if these Taliban insurgents come to my hujra and asks for shelter, you have no choice.
Now a potential drone target is living in a guest room or a guesthouse on your compound, one wall away from
your own house and family.39 According to another Waziristan resident, should a drone strike occur, the TTP
immediately accuse local residents of spying for the United States while the Pakistani government criticizes families
for having taken in TTP militants.40
Attacks orchestrated by the Haqqani network include: a July 2014 truck bomb detonated in a crowded market in
eastern Afghanistan which killed 72; a June 2011 attack on the International Hotel in Kabul which killed 11 Afghan
civilians and two policemen; a September 2011 attack on the American embassy in Kabul which killed 16 Afghan
civilians, including six children; a July 2008 car bombing at the Indian embassy in Kabul which killed 54; an April
2008 assassination attempt on Afghan President Hamid Karzai; and a September 2007 suicide bombing which
killed 31 Afghan Army recruits.41 Because of their active resistance against ISAF and Afghan forces, the Haqqani
Network has suffered significant losses, with their estimated number of militants going from 10,000 in 2011 down
to 2,000 in 2012.42
United States Forces

Objectives, Strategies and Tactics
The United States operation is one of search and destroy. The conflict is non-traditional in that combat is not waged
on a predetermined or designated battlefield. Instead, Al Qaida and TTP members hide out in a vast and rugged
landscape, seeking to outlast American forces. Deploying traditional American military forces into the FATA region
would likely result in a prolonged, ineffective operation in which militants who know the area well and receive
support from the local population would have the upper hand. Moreover, the Pakistani government, military and
population have expressed their opposition to the presence of American ground forces within Pakistani territory,
making the possibility of a conventional American ground operation even more unlikely. Given this reality, the use
of armed drones to seek out and destroy Al Qaida and TTP operativesindividuals the American government
views as imminent threats to the security of the United States because of their willingness and capacity to wage
terrorist attackshas been the preferred strategy of the United States government.
According to John Brennan, then Obamas chief counterterrorism advisor, The United States counterterrorism
strategy aims to destroy Al Qaida from Afghanistan, Pakistan, Yemen, Africa and other states.43 In a 2012 speech,
John Brennan argued that the purpose of drone strikes was to mitigate an actual ongoing threat, to stop plots,
prevent future attacks, and to save American lives.44 He also defended the strategy of drone warfare arguing that
by targeting an individual terrorist or a small number of terrorists with ordnance that can be adapted to avoid
harming others in the immediate vicinity, it is hard to imagine a tool that can better minimize the risk to civilians
than remotely piloted aircraft.45
37
38
39
40
41
42
43
44
45
116
Mazetti and Walsh, NYT, 2013

Pakistan sentences convicts to die over Peshawar attack, Aljazeera, 13 August 2015
Coll, The Unblinking Stare, The New Yorker, 24 November 2014
Ibid
Haqqani Network, Counter-Extremism Project
Ibid
Quoted in Zenko, p. 9, from John O. Brennan, This Week with George Stephanopolous, ABC, April 29, 2012
Quoted in Aslam, p. 84, from Brennan 2012
John Brennan Delivers Speech on Drone Ethics. NPR. 1 May 2012; Ackerman, The Guardian, 25 April 2015; This speech
by Brennan was the first time the Obama administration publically acknowledged that the United States engages in targeted
killings, although the program had been going on for years. See Zenko, p. 8
Drone Technology
While the earliest unmanned aerial vehicles (UAVs) appeared during the Vietnam War, it was not until 1994 that
the modern Predator drone was introduced into the American military.46 The aircraft were used for surveillance
purposes throughout the 1990s, most notably in the Balkans where UAVs helped American manned aircraft deliver
missile strikes onto targets.47 In February 2001, a Predator drone successfully test fired an AGM-114 Hellfire,
a hundred pound antiarmor missile.48 Thereafter, the Predator became an aircraft capable of attack as well as
reconnaissance.
Perhaps the most important aspect of an armed drone is the accuracy of the munitions it carries. Although
advanced precision-guided missiles were developed throughout the Cold War, it was not until the 1991 Gulf War
and Operation Desert Storm that these weapons were used on a large scale.49 Because of their high probability of
striking an intended target, precision weapons became an integral facet of future American military strategy and a
necessary technological requirement for capable international militaries.
It was not until after the September 11th attacks that the United States began arming drones with laser-guided
missiles.50 The first lethal drone strike occurred in Yemen in November 2002 and targeted Qaed Senyan al-Harthi,
the Al Qaida leader responsible for carrying out the attack on the USS Cole in October 2000.51 In 2001, the
number of U.S. drones stood at 167. By 2012, that number had increased to more than 7,500 and estimated flight
hours over Iraq and Afghanistan reached over 16,000.52
Aside from its ability to pinpoint strikes, the most important characteristic of an armed drone is that it allows
operators to gather information, analyze that information in real time and deliver a weapons payload if needed.
This unique ability significantly reduces the amount of time needed to find, identify and attack targets on the
ground. In the past, conventional, more time-consuming processes meant that enemy combatants were often able
to escape even after being identified on the ground.
The primary drone aircraft are the Predator and the Reaper. The $20 million MQ-1 Predator is over 8 meters
in length and has a wingspan of almost 17 meters. It can fly up to an altitude of 7,620 meters and has a range
of 770 miles. Its armament consists of two laser-guided AGM-114 Hellfire missiles.53 The $53.5 million MQ-9
Reaper, which made its first appearance in October 2007, stretches 11 meters and has a wingspan of 20 meters.
It can fly up to an altitude of 15,240 meters and has a range of 1,150 miles. Its payload includes a combination of
AGM-114 Hellfire missiles, GBU-12 Paveway II and GBU-38 JDAMs, each of which can be delivered to its target
faster than the speed of sound.54 Both drone models are equipped with numerous high-resolution cameras, and
advanced radar systems. Armed Predator and Reaper drones can stay airborne for over fourteen hours while more
traditional, manned aircraft such as the F-16 fighter jet and A-10 ground attack aircraft can only remain airborne
for up to four hours before needing to refuel.55
Although current American weapons technology is more accurate and advanced than any other world power, the
United States continues to develop more sophisticated missile systems in order to reduce the chances of collateral
damage. As early as April 2010, an article published in the Washington Post spoke of the rapidly advancing weapons
technology being designed by government contractors and adopted by the CIA. One such missile, the Small Smart
weapon, also known as the Scorpion, is 0.5 meters long, weighs 15 kilograms and has a diameter approximately
the size of a coffee cup.56 The missiles four guidance systems also allow operators to set their target on a specific
Williams, pp. 19-20
Brunstetter, p. 340; Barrinha, pp. 19-20
48 Williams, pp. 23-24
49 Barrinha, p. 19
50 Brunstetter, p. 340
51 Ibid, p. 340
52 Zenko, p. 3
53 Williams, p. 239
54 Ibid, p. 240; Persons on the ground have reported hearing the buzz of a drone overhead but never hearing an incoming missile.
55 Zenko, p. 6; With advanced midair refueling technology, drones are also capable of operating for days at a time. See Brunstetter,
p. 337
56 Warrick and Finn, April 2010
46
47
117
individual as opposed to a more general area. Such advancements in weapons technology have had a dramatic
effect on the estimated collateral damage radius of an airstrike. During the Vietnam War, the average of this radius
was 400 feet while today the average radius is approximately 40 feet.57
Rules of Engagement
In the aftermath of September 11th, the Bush administration implemented a policy of targeted killings in which highlevel Al Qaida leaders were singled out.58 This policy was a part of a larger war on terrorism in which the United
States declared itself at war with Al Qaida and its affiliates, thus targeted strikes were viewed as combatting enemy
forces as opposed to assassinations which remain illegal under International Humanitarian Law. The Obama
administration has steered away from the Bush administrations label of a War on Terror, but a closer examination
into the policies of the current administration reveals that officials justify the use of drone attacks by arguing that
the United States remains in a state of war.59
While critics argue that drone strikes violate the IHL prohibition against targeted assassinations, American officials
note that the United States has been at war with Al Qaida since 11 September 2001, thus the targeting of confirmed
or suspected Al Qaida members is well within the inherent right of self-defence as established by Article 51 of the
UN Charter. In recent years, the interpretation of this article has come to justify the transnational use of force
against terrorist organizations, particularly those residing in states which are incapable or unwilling to provide
effective counterterrorism measures.60 Since 2002, the Pakistani government and military have sought to combat
the various organizations in the FATA but these ineffective operations have failed to achieve a decisive victory.61
One reason for the armys futility in the region is the morale among its troops. Pashtuns make up the largest ethnic
group within the Pakistani military and many of these troops feel that they are fighting against not only their own
countrymen but also members of their own ethnic tribe.62
The CIA and its covert operations remain highly classified. As a result, the agencys records on the number of
strikes, number of casualties and the rules of engagement have never been released to the public.63 Because of
foreign and domestic pressure to acknowledge various aspects of the program, the CIA and the United States
government began in 2012 to discuss very broad parameters as to how drone strikes are carried out. A document
released in May 2013 entitled U.S. Policy Standards and Procedures for the Use of Force in Counterterrorism
Operations Outside the United States and Areas of Active Hostilities serves as the best source of the CIAs rules of
engagement when targeting combatants in Pakistan. The document lists a set of preconditions which must first be
reached in order for lethal force to be used against an enemy combatant:
First, there must be a legal basis for using lethal force, whether it is against a senior operational leader of a terrorist
organization or the forces that organization is using or intends to use to conduct terrorist attacks.
Second, the United States will use lethal force only against a target that poses a continuing, imminent threat to U.S.
persons. It is simply not the case that all terrorists pose a continuing, imminent threat to U.S. persons; if a terrorist
does not pose such a threat, the United States will not use lethal force.
Third, the following criteria must be met before lethal action may be taken: 1) Near certainty that the terrorist target
is present; 2) Near certainty that non-combatants will not be injured or killed; 3) An assessment that capture is not
feasible at the time of the operation; 4) An assessment that the relevant governmental authorities in the country where
action is contemplated cannot or will not effectively address the threat to U.S. persons; and 5) An assessment that no
other reasonable alternatives exist to effectively address the threat to U.S. persons.
Williams, p. 110, he gets from Emerson, Steve. In Defense of Drones: The ACLU Tries to Take Away an Effective and
Humane Tool in the US Arsenal. New York Post. 16 October 2010
58 Barrinha, p. 21
59 Aslam, p. 83; Eric Holder used this very term in March 2012
60 Ruettershoff, 134; States arguing that the United States is violating its sovereignty invoke Article 2 (4) of the UN Charter.
61 Ibid, p. 138; Khattak, Daud, Evaluating Pakistans Offensives in Swat and FATA, CTC Sentinel, October 2011
62 Zissis and Bajoria, Pakistans Tribal Areas, Council on Foreign Relations
63 Brunstetter, p. 354
57
118
Finally, whenever the United States uses force in foreign territories, international legal principles, including respect
for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act
unilaterally and on the way in which the United States can use force. The United States respects national sovereignty
and international law.64

Because of the covert nature of this operation, the CIA does not engage in warnings to the population. Doing
so would likely expose CIA operations as Al Qaida, TTP and Haqqani militants are imbedded within the local
population. Advance warnings would undoubtedly be picked up by enemy combatants and these individuals would
take the necessary steps to flee before an impending attack.
Relationship with Pakistani Government

Pakistani President Ali Asaf al Zardari, elected in September 2008, was representative of the inconsistency with
which senior Pakistani officials in the government and military viewed the drone campaign.65 In private, Zardari
was supportive of the American targeting, even stating, Kill the [Taliban] seniors. Collateral damage worries you
Americans. It does not worry me.66 In another statement to reporters in January 2010, Zardari asserted, There
are no differences between Pakistan and the US over an issue, including drone attacks.67 In public statements,
however, Zardari was less supportive of the American actions in Pakistan, likely because of his desire to secure
votes among a Pakistani public increasingly angered by the presence of US drones. After a November 2008 attack
in which nine Al Qaida fighters were killed along with three civilians, Zardari argued that American drone strikes
were counter-productive and violated Pakistans sovereignty.68
Yousuf Raza Gillani, the Pakistani Prime Minister from March 2008 to June 2012, also engaged in a public-private
duality that frustrated American officials. In statements reportedly made to American officials in August 2008 and
exposed by Wikileaks, Gillani stated, I dont care if they do it as long as they get the right people. Well protest in
the National Assembly and then ignore it.69
Added to the inconsistency and mixed messages emanating from Pakistani government and military officials, a
March 2011 article published in Dawn, Pakistans oldest English-language newspaper, quoted Maj-Gen Ghayur
Mehmood who said in a briefing in Waziristan that Myths and rumors about predator strikes and the casualty
figures are many, but its a reality thatthere are few civilian casualties in such precision strikes, but a majority of
those eliminated are terrorists, including foreign terrorist elements.70
There have also been reports and confirmations of various Pakistani news outlets falsely reporting the number of
civilian casualties in order to drive opposition to the drone strikes.71 These reports fuel anger among some Pakistanis
who believe that the United States is intentionally massacring Pakistani civilians. Such widespread public outrage
then influences Pakistani government officials who, while privately supporting drone strikes in North and South
Waziristan, must appear to be representing the populations grievances against the United States government.
U.S. Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States and
Areas of Active Hostilities. White House. 23 May 2013. Online.
65 His wife, Benazir Bhutto, was assassinated by the Taliban in 2007 while running for the presidency. Williams, pp. 81-83
66 Williams, p. 81, from Woodward, Obamas Wars, p. 26
67 Quoted in Williams, p. 81, from Hilaly, Daily times article, Good Riddance 21 Jan 2010
68 Quoted in Williams, p. 81, from US Drone Strike Kills 12 in Pakistan. Times. 14 November 2008
69 Quoted in Williams, p. 82, can find quote in WikiLeaks: Gilani open to drone strikes on right people The Express Tribune.
1 December 2010
70 Williams, pp. 114-115; Sherzai, Dawn
71 Ibid, pp. 116-120
64
119

Authorization
Authorization for the drone campaign in Pakistan originated in the Bush administration, specifically after the Al Qaida
attacks on 11 September 2001. On 17 September 2001, President Bush signed a counterterrorism Memorandum of
Notification (M.O.N.) which became the legal foundation for the CIAs drone operations in Pakistan.72 A M.O.N.
is a requirement of any covert action programme the CIA wishes to undertake and is developed in accordance with
a specific task the president has handed down. The legality of covert action was codified in the National Security
Act of 1947 which allows the president to direct such action so long as it does not violate U.S. law and is considered
essential to protect the nation.73 Contained within the CIAs counterterrorism M.O.N. signed on 17 September
2001 was a key provision that authorized targeted strikes on Al Qaida operatives and their allies.74 Given that this
provision was broad in scope, the CIA director at the time, George Tenet, set out internal directives which sought
to avoid civilian casualties to the maximum extent possible.75 The Bush administrations 2002 National Security
Strategy, published only months after the M.O.N., further outlined the administrations strategy by emphasizing
the importance of taking preemptive action on attacks viewed as imminent.76
Also in the days immediately after 11 September, the Authorization for Use of Military Force (AUMF) was drafted
by the White House and passed by the US Congress on 18 September 2001. The text of the AUMF reads: The
President of the United States is authorized to use all necessary and appropriate force against those nations,
organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that
occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of
international terrorism against the United States by such nations, organizations or persons.77
Although specific protocols for targeting individuals remain highly classified, various journalists have interviewed
current and former CIA and Obama administration officials who have shed some light on what appears to be strict
guidelines for identifying and attacking targets. According to one CIA official interviewed by the New York Times,
There is a rigorous protocol for identifying militants, using video from the Predators, intercepted cell phone calls
and tips from Pakistani intelligence, often originating with militants resentful neighbors.78 According to Brian
Glyn Williams, a leading expert on the American drone campaign in Pakistan, given the amount of anger among
Pakistanis caused by civilian casualties, the CIA since 2008 has taken extreme measures to ensure that civilians are
not needlessly killed during missile strikes. Individual targets are identified and vetted by the CIAs Covert Action
Review Group who then passes target recommendations onto the CIA director or deputy director, the only men
allowed to authorize strikes within the agency.79 Williams points to additional reports which have stated that in
order for a strike to be authorized, two independent sources of intelligencei.e. a signals intelligence intercept or a
human intelligence resourcemust be present along with a CIA lawyer who is required to sign off on each strike.80
The construction of a target list is undertaken at the highest levels of government, often involving over 100 government
officials who recommend and analyse the backgrounds and activities of numerous individuals considered to be
threats to the security of the United States. The list of potential targets is assessed and finalized and then given to
the White House where the President is required to sign off on all targets.81 Shortly after Obama entered office,
one of the Presidents first directives was to demand that his personal approval was required for any drone strike in
Pakistan that might involve civilian casualties.82 This directive was handed down after reports in 2008 estimated the
Coll, The Unblinking Stare, The New Yorker, 24 November 2014
A Look BackThe National Security Act of 1947, CIA Historical Document, 30 April 2013; Coll, The Unblinking Stare,
The New Yorker, 24 November 2014
74 Coll, The Unblinking Stare, The New Yorker, 24 November 2014
75 Ibid
76 Aslam, p. 84; NSS 2002
77 107th Congress, Authorization for Use of Military Force, September 18, 2001
78 Quoted in Williams, p. 101, from Shane, CIA to expand use of drones in Pakistanuse this and not Williams
79 Capaccio and Bliss; Williams, p. 101; this contrasts with what I have written about potential targets going thru the White House
80 Williams, p. 102
81 This is certainly the case in Yemen and Somalia but Barrinha says that Obama personally authorizes only a third of the Pakistan
drone strikes) (all of this paragraph is Barrinha, p. 24; see Klaidman, 2012
82 Bergen and Rowland, CNN article
72
73
120
civilian casualty rate to be as high as 50 percent.83 As the President makes the final decision on which individuals
should be targeted, a team of White House legal counsels and administration officials further vet the list of potential
targets. Throughout the process, the overarching goal is to ensure the safety of Americans while not disregarding
the values that the United States stands for and encourages across the world.84
Additionally, drone operators and commanders use software to examine the expected blast radius and damage
from a proposed strike. Should a strike be launched, operators also observe the aftermath of the strike, including
signs of survivors as well as the identification of the dead.85 An August 2011 report by New York Times reporter
Scott Shane even relayed an instance of a drone operator being able to correct his mistake once a missile had been
launched. After the drone operator fired a missile at militants in a car and a noncombatant suddenly appeared
nearby, the operator was able to divert the missile harmlessly into open territory, hitting the car minutes later when
the civilian was gone.86
Down to the more immediate levels of authorization, drones allow commanders to have increased oversight over a
missile strike. Drone surveillance and loitering capabilities allow operators and commanders to view the same live
video footage. The fact that many drones are piloted remotely from secure bases outside the zone of conflict means
that commanders are often able to coordinate in person with the drone operators.87
External Oversight
Since 2009, there has been increased Congressional oversight on the CIAs drone program in Pakistan. Members of
the Senate Intelligence Committee meet at CIA headquarters in Langley, Virginia, once a month to view footage of
drone strikes and examine intelligence reports used to track down and identify potential targets.88 Committee Vice
Chairman Dianne Feinstein has stated, the committee holds regular briefings and hearings on these operations
reviewing the strikes, examining their effectiveness as a counterterrorism tool, verifying the care taken to avoid deaths
to non-combatants and understanding the intelligence collection and analysis that underpins these operations.89
Outcomes
The CIA drone program in Pakistan has been successful in eliminating core individuals in Al Qaidas leadership
structure.90 As a result, the organizations central branch in the FATA region has been weakened and degraded.91 Al
Qaida has been successful, however, in exporting its ideology to countries such as Yemen, Somalia, Egypt, Libya,
Nigeria, Syria and Iraq were local militant groups engage in conflicts or launch terrorist attacks under the banner
of Al Qaeda. A recent example of this is the January 2015 attacks on the French satirical newspaper Charlie Hebdo
by individuals identifying themselves as having been affiliated with Al Qaida in the Arabian Peninsula (AQAP).
So while the drone strikes in Pakistan have been highly effective in targeting Al Qaida leadership and numerous
operatives, the ideology still remains a potent and attractive force to those wishing to wage indiscriminate violence
against civilians both within the Middle East and throughout the western world.
The CIAs drone program has also been successful in disrupting the operations of the TTP and Haqqani Network
within North and South Waziristan. The founder of the TTP, Baitullah Mehsud, was killed in an American drone
strike in August 2009.92 Over four years later in November 2013, his successor, Hakimullah Mehsud, was also killed
in a CIA drone strike.93 These drone strikes have not only eliminated the TTPs most senior leadership, but they
have also caused internal divisions as members compete for new leadership positions and align themselves with
83
84
85
86
87
88
89
90
91
92
93
Ibid
Barrinha, p. 24; see Klaidmanthis is who Barrinha cites
Shane, CIA is Disputed on Civilian Death Toll in Drone Strikes
Ibid
Brunstetter, p. 349; Singer, Wired for War, p. 349check out Singer because I got this from Brunstetter
Bergen and Rowland, CNN article; Dilanian, Congress Zooms in on Drone Killings
Press release from Feinsteins office, 13 February 2013
Brennan, U.S. Intelligence in a Transforming World, Council on Foreign Relations, 13 March 2015
McManus, Are we winning the drone war? Los Angeles Times, 24 April 2015
Johnston, p. 7, he cites Abbas 2014
Craig, Drone kills Taliban chief Hakimullah Mehsud; Pakistan accuses U.S. of derailing peace talks, Washington Post, 2
November 2013
121
other jihadist movements such as ISIS. In October 2014, The Guardian reported splits within the TTP as a result
of some members pledging allegiance to ISIS in Syria and Iraq.94 The United States efforts to weaken groups within
North and South Waziristan has also been aided by an offensive, Operation Zarb-e-Azb, launched by the Pakistani
Army in June 2014. According to one estimate, over 2,700 militants have been killed during the operation which
has significantly degraded the TTP and Haqqani Networks hold on North Waziristan.95
Casualties
The number of Pakistani civilian casualties that have occurred as a result of American drone strikes is extremely
difficult for independent sources to confirm. The strikes often take place in remote regions of Pakistan that remain
under the control of various militant groups who prohibit access to outsiders.96 Al Qaida, TTP and Haqqani
members have been known to cordon off the area and even remove the bodies of militants in order to inflate the
civilian casualty numbers.97 Often the only independent sources allowed to visit these scenes are ones willing to
report favorably for the militants. The result is media reports that drastically inflate the number of civilians killed
which alters the global perception and opinion of the American drone programme. A study carried out by the
Associated Press in February 2012 found that drone strikes were killing far fewer civilians than many in the country
are led to believe by right-wing politicians, clerics and militants themselves.98
One example of the difficulty present in determining civilian casualties after a drone strike is as follows. There was a
strike in March 2011 that caused considerable outrage among the Pakistani public and government. It is discussed
here because it represents an example of how difficult it is to get accurate figures on the number of civilians and
combatants killed. These numbers have become political tools which certain disaffected groups seek to inflate in
order to further a political aim. The event in March 2011 involved a drone strike on a jirga, a meeting held amongst
tribal leaders to settle a dispute, in Datta Khel, North Waziristan.99 The attack killed forty-five people, mainly
tribesmen but also a few TTP insurgents. The Pakistani Army chief denounced the strike publically saying, It is
highly regrettable that a jirga of peaceful citizens, including elders of the area, was carelessly and callously targeted
with complete disregard to human life.100 American officials, on the other hand, argued that the majority of those
killed were militants and TTP insurgents.101 The absence of reliable and unbiased reports of these drone attacks
in remote regions makes it difficult to develop an objective assessment of a given drone strike.102 It is advantageous
for militants in the FATA region to inflate civilian casualty numbers in order to alter public opinion both within
and also outside of Pakistan. Furthermore, the Pakistani government, while often expressing support for American
drone strikes in private, object to American drone strikes publically in order to capitalize on popular resentment
towards drone strikes.
In order to develop an accurate assessment of civilian casualties as a result of drone strikes in Pakistan, this study will
provide civilian and militant fatality numbers through September 2015 from three independent reports conducted
by the New America Foundation, the Long War Journal and the Bureau of Investigative Journalism.
Boone, Isis ascent in Syria and Iraq weakening Pakistani Taliban, The Guardian, 22 October 2014
A Year on, 2,763 militants killed in Operation Zarb-e-Azb: ISPR, The Express Tribune, 13 June 2015. Zarb-e-Azb translates
to strike of the Prophets sword.
96 Williams, p. 7; Mazzetti, Mark and Declan Walsh. Pakistan Says U.S. Drone Strike Killed Taliban Leader.
97 Byman, Why Drones Work: The Case for Washingtons Weapon of Choice, Foreign Affairs, July/August 2013
98 APs analysis of casualties from U.S. drone strikes in Pakistan: the backstory, Associated Press, 28 February 2012
99 Dilanian, Congress Zooms in on Drone Killings
100
Ibid
101
Ibid
102
Shane, NYT, C.I.A. Is Disputed on Civilian Toll in Drone Strikes 11 August 2011
94
95
122
Overall numbers of strikes and fatalities, 2009 - Sept. 2015

Estimated Strikes
New America Foundation = 333
Long War Journal = 343
Bureau of Investigative Journalism = 372
Estimated Total Fatalities

New America Foundation = 2,396
Long War Journal = 2,414
Bureau of Investigative Journalism = 2,085
Estimated Civilian Fatalities

New America Foundation = 148
Long War Journal = 107
Bureau of Investigative Journalism = 256
Estimated Militant Fatalities

New America Foundation = 2,248
Long War Journal = 2,307
Bureau of Investigative Journalism = 1,829
123
Yearly Breakdown
Number of Strikes, 2009 - Sept. 2015103
Total Killed, 2009 - Sept. 2015
Roggio, Bill. Charting the data for US airstrikes in Pakistan, 2004-2015. The Long War Journal; Drone Wars Pakistan:
Analysis. New America Foundations Drone Database; Zenko, p. 13; CIA drone strikes in Pakistan, 2004 to present, The
Bureau of Investigative Journalism
103
124
Number of Civilians Killed, 2009 - Sept. 2015
Number of Militants Killed, 2009 Sept. 2015
The variation between reports is representative of the difficultly present in determining the total number of
casualties after drone strikes in remote locations within the FATA. This data shows that since President Obama
inherited the drone program and then increased its frequencyincluding in 2010 which saw the highest number of
drone strikesthe total number of civilians killed and the percentage of civilians killed has seen a gradual decrease.
This reduction is due to a number of factors, including the tactic of targeting individuals in vehicles as opposed to
in residential compounds; technological advancements in surveillance capability and weapon accuracy; political
pressures both at home and abroad as well as the successful elimination of Al Qaida, TTP and Haqqani leaders.
Given the secrecy surrounding the program, the Obama administration has not publically acknowledged when
civilians are killed in a drone strike.104 April 2015 marked the first time the Obama administration announced
to the public an instance in which civilians were killed. The civilians were two western hostagesan American
named Warren Weinstein and an Italian identified as Giovanni Lo Portobeing held by Al Qaida operatives in a
remote safe house along the Afghanistan-Pakistan border.105 On 23 April 2015, President Obama acknowledged
104
105
Shane, Drones Reveal Uncomfortable Truth

Lewis, Ackerman and Boone, Guardian article, April 2015
125
these civilian casualties, apologized to the families and promised to launch a full investigation as well as to provide
compensation to the families.106
Situation today
The CIA drone campaign in Pakistan is an ongoing operation. According to the New America Foundation, the
Long War Journal and the Bureau of Investigative Journalism, there have been at least 11 CIA drone strikes in
2015. Overall, there has been a decrease in the number of drone strikes and the number of civilians killed as a
result of drone strikes. Most importantly, the strategy has succeeded in decimating Al Qaidas core leadership in
the region and has also weakened both the TTP and the Haqqani Network. Despite these gains, Al Qaida leaders,
operatives and affiliates across the world remain a dangerous threat to American and western interests. Moreover,
the TTP and Haqqani Network, although significantly weakened by CIA drone strikes and a Pakistani Army
offensive, remain popular amongst civilian populations in the FATA and thereby capable of drawing new recruits
into their organizations. In sum, the threat has been degraded but not destroyed.
Conclusions
As the evolution of modern warfare has moved from traditional national militaries towards non-state actors
concealing themselves within civilian populations, two pillars of IHLproportionality and discriminationhave
become the most important parameters guiding militaries who adhere to IHL. While proportionality seeks to
balance the damage inflicted with the anticipated military gains achieved, discrimination attempts to distinguish
between combatants and noncombatants in order to avoid unnecessary casualties to the latter.107 Because of their
surveillance capabilities and improvements in missile technology, drones are often more capable of satisfying the
principles of discrimination and proportionality.108
Despite advanced technology which allows for better proportionality and discrimination, drones, like all military
technology that has preceded them, remain imperfect. From time to time, drones will be subject to mechanical and
technological malfunctions as well as human error. Given their imperfections, drones still remain one of the most
discriminate weapons available to the American military and CIA. With its surveillance, loitering and precision
weapons capability, drones allow operators to wait for the most opportune moment in which to strike, thereby
eliminating a target while limiting civilian casualties.
The non-state actors such as Al Qaida, the TTP and the Haqqani Network who have relocated to the remote and
mountainous regions of Pakistan continue to train for and plan indiscriminate attacks against the United States and
its allies overseas. Given the rugged terrain of the FATA and the tactical decision of the enemy to hide amongst
the civilian population, the CIA drone campaign allows the U.S. government to continue targeting and disrupting
these groups activities in a manner that significantly limits collateral damage.
106
107
108
126
Ibid
Brunstetter, p. 347
Ibid, p. 339
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About the HLMG

The High Level Military Group (HLMG) consists of military leaders and officials
from NATO and other democratic countries exploring the challenges of 21 Century
warfare.
The High Level Military Group was formed in early 2015 with a mandate to address
the implications for Western warfare of fighting enemies who disregard the Law of
Armed Conflict (LOAC) but exploit our own nations adherence to LOAC for their
gain.
Its work will cover an initial assessment of the 2014 Gaza Conflict, a comparative
study examining the conduct of operations by democratic militaries against non-state
enemies who do not abide by LOAC, and a final report setting out the challenges and
policy prescriptions for the current era of warfare.
HLMG members have a wealth of experience at the very highest operational and
policy levels as regards the conduct of warfare and its attendant policies.
Our purpose is to add a professional military and legal element to debates about
warfare in the 21st Century, which at times have been ill-informed and politicised,
and which are of vital importance to our own armies and alliance partners.
130
131
OUR MILITARY FORCES

STRUGGLE AGAINST
LAWLESS, MEDIA
SAVVY TERRORIST
ADVERSARIES
FEBRUARY 2016
132

HLMG Lawless Media Savvy Terrorist Adversaries

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OUR MILITARY FORCES STRUGGLE AGAINST LAWLESS, MEDIA SAVVY TERRORIST ADVERSARIES

Our Military Forces

HIGH LEVEL MILITARY GROUP

Copyright 2016 by Friends of Israel Initiative

ABOUT THE HLMG

Security Cooperation of the OSCE Mission in Bosnia

Abstract and Key

The operations examined for publication in this initial study are:

Key Conclusions and Implications

THE CHALLENGE FOR DEMOCRACIES

1.2 Background and Parameters of this Study

1.3 The Law of Armed Conflict (LOAC)

the kind of combat involved in these mission places

Human rights groups and

The challenge here should

mediums, including leaflet drops, radio broadcasts

Where civilians are affected by fighting aimed at

2.3 The Challenge of Political and Social Narratives

order to influence the battle over political narratives

The adversaries described

The adversaries described in these studies often utilise

Scope and Definitions

Case Study Author Biographies

Colombia. He has served as Colombias deputy

Case Studies Editor:

Dr Bruno Tertrais is a Senior Research Fellow at the

Colonel Richard Kemp CBE

Figure 1: With permission from

Why did they fight?

Strategy to achieve these objectives

Conduct During Conflict

Warnings to the Population

Conduct During Conflict

Figure 2: Marjah and Nad Ali on 15 February 201064

Figure 3: Marjah and Nad Ali on 28 February 201065

Dressler, Preparing for the Battle of Marjah, p. 3

Major Gen. (ret) Giora Eiland

Why are they fighting?

Civilians under attack, Human Rights Watch report, August 2007, p. 10

1. Involving its own civilians in the conflict

2. Attacking Israeli civilians

Israeli Defense Forces

Winograd report, Chapter 4

Yitzhak Ben Israel, The first Rocket war

front line and had much more presence.

Impact on civilian life and economy

Civilians under attack, Human Rights Watch report, August 2007, p. 14

There were two events that deserve special attention:

Professor Gary Hogan

Immediate Cause of Conflict

Taking measures to minimise civilian casualties and damage

Command level required for authorisation of attack

Force protection v. civilian protection

Rules during special situations requiring immediate decisions

Target definition (distinction between legitimate and illegitimate targets)

Use of force when civilians on the military side are attacked

Warnings to the Population

Investigations into alleged violations

Knarr and Castro, 68