What is the purpose of the Civilian Claims Act?
The Civilian Claims Act (CCA) was created to provide civilians and their families unintentionally harmed by US combat forces immediate help. This “compensation” is a gesture of compassion and recognition of suffering, aids the injured and survivors of those killed and helps them meet immediate expenses incurred.
Who will benefit from the Civilian Claims Act?
Men, women and children – civilians - unintentionally harmed in combat. The term civilian is defined as a person not armed, formally associated with the groups in conflict, or taking direct part in the conflict. According to the Laws of War, it is a crime to attack civilians and militaries must use all feasible means to avoid them. Still, innocent people are injured or killed accidentally.
The CCA also benefits the US military. Providing recognition and aid to civilians in a just way mitigates resentment toward American soldiers and is a show of American humanity to the local population in a conflict zone. That makes US troops safer and helps them carry out their mission.
How will the Civilian Claims Act help civilian victims of war?
Civilians harmed in combat will have a standard procedure for reporting damage, injuries and deaths to the U.S. military by filing a claim and providing proper evidence. The military lawyers, or Judge Advocates (JAs), will then review each claim and appropriately compensate victims for their suffering. There will no longer be arbitrary and artificial ceilings on payments.
Why should the US help war victims, like Iraqis and Afghans?
First, it’s the right thing to do. The gesture shows America helps those it has unintentionally hurt and leads by example. Second, it helps win support for the US mission in a conflict. The 2006 Army Counterinsurgency Manual several times refers to the necessity of compensation to be paid to civilians suffering injury, death or property damage. It also places importance on ‘winning hearts and minds’ among the local population. An easy way to do that is by ensuring a fair, just and equitable claims process for civilians accidentally caught in the crossfire.
Aren’t our soldiers and JAs (military lawyers) on the ground already overtaxed? Won’t this just add a layer of bureaucracy to their jobs?
No. The CCA would not place additional burdens on JAs and their paralegals. They already conduct similar operations when handling claims under the Foreign Claims Act (a compensation system for civilians harmed by the US military when NOT in combat). Civilian claims resulting from the CCA would be integrated fully into this existing claims structure. The guidelines set forth in the CCA will ease the burden the current ad hoc ‘condolence system’ creates.
If the U.S. military is already doing claims then why do we need the Civilian Claims Act?
The current claims system is problematic because funding and procedures are inconsistent and ad hoc. For example, at different times throughout the program we have received reports that all money available is spent elsewhere and claims officers have nothing to give civilians in need of immediate help. In other cases, families are paid differing amounts for the same injury because guidelines are not uniform. This causes hostility among the people and grief to the military officers. The CCA mandates separate funding for claims with a standardized, just and efficient way of distributing the money to the people who need it. JAs will be trained in the CCA just as they are already trained in the Foreign Claims Act.
Where will the money come from? How much will it cost?
The money would be appropriated from the US Congress, as are all claims programs within the U.S. Code. The amount of money spent on civilian victims is nominal compared to the cost of military operations and is far outweighed by the goodwill created. This is specifically a combat appropriation. Therefore, in times of peace, funds will obviously not be needed.
Won’t this open the military to more cases of fraud from people claiming to be victims and falsely filing cases?
There is no reason to believe more fraudulent claims would be filed under this program than under the current program. JAs would receive adequate training on how to adjudicate civilian claims just like they are trained on how to adjudicate personnel claims and foreign claims. This training puts the JAs in a strong position to recognize and immediately dismiss fraudulent claims. The standard of proof remains the same, as civilians need appropriate documentation to make a valid claim.
Won’t this program open a pandora’s box of questions and difficult issues in wartime?
Difficult issues and tough questions inevitably arise in times of war, but Judge Advocates and soldiers on the ground should not have to ‘learn as they go’ when responding to suffering civilians in the midst of fighting. This is a pressing issue that should be thought through properly by experts and planned for before soldiers arrive in combat.
A permanent, effective civilian claims system: is good public policy; builds goodwill on the ground; provides documentation on civilian casualties; ensures adequate training, guidelines, and institutional knowledge; is transparent, with written decisions and appeals; treats all civilian victims fairly; can be up and running quickly at the start of every engagement (administration is already in place under currently existing claims commissions); ensures cash-in-hand for victims following a tragic event. Further, it’s the right thing to do and reflects important American values.
Frequently Asked Questions (FAQs)
