Civil liability for violations of IHL: are the US and UK moving in opposite directions?

Author: Mark Lattimer
Published: 28.10.2022
On 25 August 2022 the US Department of Defense published its Civilian Harm Mitigation and Response Action Plan (CHMR-AP), outlining a major three-year programme of institutional change in how the US deals with civilian harm occasioned by military operations. The plan was ordered by Secretary of Defense Lloyd Austin in January following the release of information, in the New York Times and elsewhere, detailing patterns of failure in the Pentagon’s investigation of, and response to, thousands of civilian casualties from US operations in Iraq, Syria and Afghanistan. The release of the CHMR-AP has been welcomed (see here and here), including…