Last Updated: September 2007 For additional information call: 202.558.6958
"The U.S. must help victims and their loved ones, to show our country does not turn on its back on those who have suffered," said Sarah Holewinski, executive director of CIVIC. "It is profoundly important for survivors to see tangible expressions of sympathy and respect, so they know harm to innocent civilians does not reflect the values of America or our military.”
Media Backgrounder
Condolence Payments: IRAQ
Civilian casualties are a tragic result of combat operations. Though the U.S. military attempts to minimize civilian casualties in war, their efforts will never eliminate loss of innocent life completely.
History of Condolences Since the Korean War, the US has maintained the ability to pay for damages suffered by the civilian population, if deemed customary in the region. These payments are called “solatia” and are given to a family to as an expression of sympathy. A single paragraph in each service branch’s claims regulation defines solatia. Army regulation 27-20, Paragraph 10-10, provides the authority for the use of condolence payments by the Army. Payment of solatia in accordance with local custom as an expression of sympathy toward a victim or his or her family is common in some overseas commands. Such payments are not to be made from the Claims Expenditure Allowance. These payments are made from local operation and maintenance funds pursuant to directives established by the appropriate commander for the country concerned. This applies even where a command claims service is directed to administer the command’s solatia program. AR 27-10, para 10-10. Condolences in Iraq & Afghanistan At the start of the Afghan war and later the Iraq war, it was decided by the Air Force – at the time the only military branch handling claims for CENTCOM–that solatia was not customary for either country and was thus not authorized. Finally, in September 2003, the highest level of Command in Iraq (Combined Joint Task Force-7 or CJTF-7), authorized what it called “solatia-like” payments to be made out of the Commander’s Emergency Response Program (CERP). The system has since been slightly altered by the current high command in Iraq (Multi-National Corps-Iraq or MNC-I) and remains the only authorization for condolence payments to date within in Iraq. Now, the U.S. military has the ability in Iraq and Afghanistan to give a direct cash payout or “condolence payment” to families suffering a death, injury or property damage due to US forces. Condolences, like solatia, are considered a gesture of sympathy only, given to ease the suffering of a family harmed mistakenly by US operations. They are in no way meant as reparation, compensation or an admission of fault or negligence.
Campaign for Innocent Victims in Conflict (CIVIC) 1605 Connecticut Ave NW 2nd Floor Washington, DC 20009 USA Phone: 202.558.6958 Fax: 623.321.7076 E-Mail: info@civicworldwide.org Website: www.civicworldwide.org
Condolence Payments - IRAQ
The maximum payout in cases of death, serious injury or property losses or damage in Iraq is $2,500. Through conversations with the Center for Law and Military Operation within the U.S. Army JAG Corps we have found that payments may be authorized up to $10,000 if approved by a higher command. There is, however, no evidence that any claims have been paid surpassing the original $2,500 mark. The US military in Afghanistan uses a matrix to decide what the appropriate payment will be according to the severity of loss. Condolences are paid from the Commanders Emergency Response Program (CERP). The CERP Standard Operating Procedure issued by MNC-I, states: “CERP family of funds can be has led to used to assist the Iraqi people [by providing] condolence payments to Iraqi civilians for the death or injury resulting from U.S., Coalition, and supporting military operations.” The only other mention of condolence payments in this 55-page document is at paragraph 5.c.7.d and explains some of the specific workings of the program. This paragraph is reprinted in its entirety on the final page of this document. Each time the U.S. goes to war, a decision is made as to whether solatia/condolences are customary or appropriate. As a result, payments to civilians were not authorized for Afghanistan or Iraq at the beginning of either invasion. In fact, for the first five months of the war in Iraq there was no system from which to make payments to those suffering losses from U.S. military actions. During the US invasion of Afghanistan, the Taliban often responded immediately and strategically to a US bombing, providing civilians with food aid, monetary assistance, transport to hospitals and the ability to bury their dead. Solutions to Create a Better Condolence System CIVIC believes strongly in the need for an effective U.S. condolence program both to foster goodwill on the ground in combat and to express sympathy for families and communities. There are, however, significant challenges to the current condolence system. Some obstacles to a truly effective program include: Little institutional knowledge to guide the system, as troops cycle in and out of conflict countries and historical precedent lost with each new combat engagement; no countrywide guidelines; and, payments are given out in an ad hoc way. This can mean some families receive a condolence and some don’t. Rather than the goodwill intended by condolences, this can instead foster resentment toward US troops on the ground in Iraq. Too, the security situation in Iraq and Afghanistan deep fear among civilians both in approaching the US military to file claims and in receiving a claim payout once approved, which may put their life in danger unless system can be created below the radar. Unless payments are distributed through bank accounts (which don’t yet exist in Iraq) or tribal elders, the Taliban in Afghanistan seize many family’s condolences just after they are given out. CIVIC believes the basis of the US condolence program in Iraq and Afghanistan is important enough to get right, with improvements needed to ensure the program works in a fair, transparent, and safe way. Just as the US military recently reevaluated its operations at checkpoints in Iraq and reduced the number of civilian deaths, CIVIC is calling on the US to look closely at its system of condolences and make the necessary improvements—particularly by adopting the upcoming Civilian Claims Act. The Civilian Claims Act (CCA) is a permanent, effective civilian claims system. Championed by Senator Patrick Leahy (D-VT), it is currently in the draft stages and will
Condolence Payments - IRAQ
be introduced sometime after mid-April. The CCA 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 events.
CERP Standard Operating Procedure: Paragraph 5.c.7.d
(d) Condolence Payments and Battle Damage Payments. 1. References A, H, and I authorized the payment of condolence payments for death, injury, or battle damage in the amounts up to $2,500. This means for each death, each injury, and each incident of property damage CERP funds can be used to pay the family. For example, two members of the same family are killed in a car when the car is hit by U.S. forces. The head of that household could receive a maximum of $7,500 in CERP condolence payments - $2,500 for each death ($5,000) and $2,500 for the damage to the vehicle. The Brigade commander is the approval authority for each $2,500 payment. 2. Condolence payments can be paid to express sympathy and to provide urgently needed humanitarian relief to individual Iraqis and the Iraqi people in general. Condolence payments are different from claims and are not an admission of fault by the U.S. Government. It is crucial to remember that when a Commander uses CERP funds, it is not an acknowledgement of any moral or legal responsibility for someone's death, injury, or damaged property. The difference is that these are meant only as symbolic gestures, rather than to compensate someone for a loss. CERP condolence payments are not Solatia payments and will not be referred as such. In addition, condolence payments are only for Coalition/US Force/ISF caused incidents. 3. The Commander may choose to make multiple condolence payments against one DA3953/DD1149, in amounts up to $50,000. The Project Purchasing Officer will obtain approval from the Commander. 4. Upon Commander's approval, and MSC Comptroller certification, the Paying Agent may go to the Finance Office and use the DA3953/DD1149 for a bulk draw of cash. 5. The Paying Agent makes disbursement using a roster that provides the name of the recipient, the amount, and their signature. The Project Purchasing Officer and Paying Agent will certify each roster that it represents the actual payments made to Iraqi individuals or heads of household for condolence payments. 6. The Project Purchasing Officer will prepare a memorandum providing a description and explanation for the condolence payments. This will include the date(s) that the incident occurred, city and province where incident occurred, and a detailed description of the extent of the incident. The Commander will sign this memorandum. 7. The memorandum and all rosters will become part of the project file. 8. Condolence payments are the only authorized use of bulk funds. 9. Any payments for battle damage cannot be identified as claims. Claims for damage caused by combat are specifically not payable
Condolence Payments - IRAQ
under the Foreign Claims Act. However, in addition to condolence payments for battle damage, Commanders have the discretion and may authorize individual repair projects paid by U.S. appropriated CERP and managed by a Project Purchasing Officer. Each repair project will be treated as a separate CERP project.