United States Policy on Pre- and Post-Strike Measures To Address Civilian Casualties in U.S. Operations Involving the Use of Force

This executive order establishes U.S. policy to minimize civilian casualties in military operations and drone strikes, requiring enhanced training, better intelligence systems, and weapons that enable more precise targeting. It mandates annual public reporting of strikes against terrorist targets outside active war zones and their civilian death tolls, beginning with a report covering 2016 due by May 1, 2017. The order also requires periodic interagency consultation on civilian casualty trends and mitigation efforts.

Federal Register Open PDF 81 FR 44485

Impact dates

Date TBD
Annual report due by May 1 for preceding calendar year (recurring)
May 1, 2017
DNI publicly releases unclassified summary of 2016 strikes against terrorist targets outside areas of active hostilities with combatant and non-combatant death assessments

Key directives

Train personnel on civilian protection and best practices
Develop and field improved intelligence, surveillance, and reconnaissance systems
Develop and field weapon systems enabling more discriminate use of force
Take feasible precautions in attacks to reduce civilian casualties
Conduct assessments identifying risks to civilians
Review or investigate incidents involving civilian casualties
Acknowledge responsibility and offer ex gratia payments for civilian casualties
Engage foreign partners on best practices
Maintain channels with ICRC and NGOs
DNI to publicly release unclassified summary of strikes and casualties by May 1, 2017, covering Jan 1-Dec 31, 2016
Annual reports due by May 1 each subsequent year
NSC to convene periodic interagency consultations

Who is ordered

Timeline

Immediate

Policy standards for civilian protection take effect
Agencies directed to continue and enhance existing practices

Near term (90d)

Interagency consultations on civilian casualty trends to begin

Long term

Annual reporting requirement continues indefinitely
Ongoing weapons and ISR development
Institutionalization of civilian casualty mitigation practices

Risks & tensions

Annual reporting limited to strikes 'outside areas of active hostilities,' creating potential gap in transparency for strikes in declared war zones
Ex gratia payments and acknowledgment of responsibility are discretionary ('as appropriate'), not mandatory
Reporting obligation qualified by 'consistent with the need to protect sources and methods,' creating classified information tension
Periodic consultation explicitly excludes 'specific incidents,' limiting accountability focus to trends only
Section 5 preserves commander authority and explicitly denies enforceable legal rights, potentially weakening compliance incentives
Vague 'feasible precautions' and 'as appropriate' standards leave significant implementation discretion to agencies