Cover Photos (clockwise from top): A helicopter lands at the US Army’s National Training Center (NTC) at Fort Irwin, California. It will carry a soldier “wounded” in desert war games to get medical care. Troops must learn to minimize civilian as well as military casualties during their intense training at NTC. Photo by Bonnie Docherty, 2005. Soldiers stop their Humvee outside a mock village during a cordon-and-search exercise at NTC. They are securing the perimeter while their fellow trainees search buildings for weapons caches. Over the past few years, NTC has constructed 15 small villages where troops practice counterinsurgency operations in which insurgents blend in with the civilian population. Photo by Bonnie Docherty, 2005. A sign welcomes trainees and visitors to NTC, a base the size of Rhode Island in the middle of the Mojave Desert. The vast majority of the troops who train here will deploy to Iraq or Afghanistan, making training them to minimize civilian casualties essential. Photo by Bonnie Docherty, 2005. Four trainees establish a position outside the entrance to one of NTC’s buildings made out of a beige shipping container. While recent modifications to its physical plant have enhanced NTC’s training, the center needs to build larger towns with more accurate and varied structures in order better to challenge the troops. Photo by Bonnie Docherty, 2005. “More Sweat . . . Less Blood”: US Military Training and Minimizing Civilian Casualties Bonnie Docherty I. Summary and Recommendations .................................................................................... 1 II. The History and Operation of NTC ................................................................................ 7 III. International Humanitarian Law ................................................................................... 9 IV. Rules of Engagement .................................................................................................. 10 V. Realism of Environment ............................................................................................... 18 VI. Review of Training ..................................................................................................... 31 VII. Conclusion ................................................................................................................. 36 Appendix: The Operation of NTC in Detail...................................................................... 38 TABLE OF ACRONYMS AAR ACR BCTP BLUFOR CMTC CO/TM COC COIN CTC EOF FRAGO ICRC IED IHL JMRC JRTC MNC-I MILES MOUT NGO NTC O/C O/H OPORD OIF OPFOR Ops Group PFC ROE SASO SOP TCP TRADOC After-action review Armored Cavalry Regiment Battle Command Training Program Blue Force, the trainees Combat Maneuver Training Center Company/team Chain of command Counterinsurgency Combat training center Escalation of force Fragmentary order (change to OPORD) International Committee of the Red Cross Improvised explosive device International humanitarian law Joint Multinational Readiness Center Joint Readiness Training Center Multi-National Corps—Iraq Multiple Integrated Laser Engagement System Military operations in urban terrain Nongovernmental organization National Training Center Observer/controller On hand Operations order Operation Iraqi Freedom Opposing Force Operations Group Private first class Rules of engagement Stability-and-support operations Standard operating procedure Traffic control point, or checkpoint Training and Doctrine Command VBIED Vehicle-borne improvised explosive device I. Summary and Recommendations1 Military training represents an essential starting point for preventing civilian casualties during combat. If soldiers can learn necessary lessons before going into a conflict, they can minimize civilian harm without having to wait for post-conflict analyses of real deaths and injuries. Rules of engagement (ROE) must provide protections for civilians as stipulated under international humanitarian law (IHL). Training on these rules must take place in as realistic an environment as possible; realism should include accuracy of setting, variety of scenarios, and exposure to cultural differences. Finally, to learn the humanitarian lessons of realistic training, troops must receive reviews that consider not only military success but also civilian casualties. While these principles are applicable to all militaries, the US engagements in Iraq and Afghanistan make an examination of its training particularly timely. In both countries, the US military has diverged from its traditional strategic focus on large-scale conventional warfare and been challenged to adapt its training to combating insurgencies that have no regard for IHL. The United States relies heavily on its ground forces in military operations in Iraq and Afghanistan. Especially in Iraq the conflict generally occurs in populated areas, which puts non-combatants—local residents or bystanders, for example—at great risk. For the United States to minimize causing civilian casualties, relevant training must begin before deployment, be embedded in all aspects of combat exercises, and be subject to more informed and systematic review. It must be rigorous and repetitive to be effective. As Sfc. Scott Brown said, “The more sweat here, the less blood over there.”2 1 Bonnie Docherty is a researcher at Human Rights Watch and clinical instructor and lecturer at the International Human Rights Clinic at Harvard Law School’s Human Rights Program. She has also been an active participant in the Carr Center for Human Rights Policy’s Project on the Means of Intervention. Docherty has done battle damage assessment missions to Afghanistan (2002), Iraq (2003), Gaza (2005), Israel (2006), and Lebanon (2006). In each case she has written or co-written a report that discusses how and why civilians died during the military operations. This paper reflects the views of the author alone. The author would like to thank the following people for their assistance with and comments on this paper: Sarah Sewall, Tyler Moselle, Steve Goose, Ian Gorvin, Rachel Good, Carly Tubbs, Hal Brewster, Simon Russel, Javier Stark, Michael Jones, and the personnel at the National Training Center. 2 Interview with Sfc. Scott Brown, OPFOR, Fort Irwin, California, July 28, 2005. This paper uses the ranks and titles of interviewees at the time of their interview. 1 This paper, based on three research missions, looks at how the US military trains its soldiers to protect civilians during ground war. It focuses specifically on the Army’s National Training Center (NTC). The vast majority of NTC’s trainees deploy to Iraq, and in 2006, about one-third of US troops in Iraq had trained there.3 NTC was founded to prepare soldiers for tank-on-tank battles in the era when the United States and its NATO allies faced the forces of the now-defunct Warsaw Pact. Over the past few years, however, NTC has evolved to teach troops how to operate in urban environments with civilians on the battlefield. This paper analyzes that training from an IHL perspective. It concludes that improvements in training are needed to reduce civilian casualties in real armed conflict. Trainees from the Second Brigade, Fourth Infantry Division, patrol in a mock village at the National Training Center at Fort Irwin, California. An observer/controller, who will review their performance, watches from the rear. Photo by Bonnie Docherty, 2005. 3 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007; Dexter Filkins and John F. Burns, “Deep in a U.S. Desert, Practicing to Face the Iraq Insurgency,” New York Times, May 1, 2006. 2 International humanitarian law informs this paper. Additional Protocol I of 1977 to the Geneva Conventions of 1949 provides the most pertinent provisions. The United States is not party to Protocol I but recognizes all the relevant articles as customary law.4 Protocol I’s basic rule is distinction, which requires all parties engaged in an armed conflict to distinguish between civilians and combatants.5 Attacks that do not distinguish between military objectives and civilians or civilian objects are considered indiscriminate and are prohibited.6 One type of indiscriminate attack is a disproportionate one; the proportionality test prohibits attacks where civilian harm outweighs military advantage.7 Protocol I also binds armed forces to take “all feasible precautions” to minimize civilian harm.8 IHL governs the conduct of state and non-state actors during times of armed conflict and thus should guide military training. To minimize civilian casualties, a training program needs three components: rules of engagement, realism of environment, and review of training. ROE, foundational to all military training, reduce harm to civilians by guiding soldiers’ actions in military operations; both the content of and training on them are crucial. Realistic training helps troops prepare to abide by IHL by requiring them to practice with actual combat pressures. Finally, review of training ensures that lessons, including those on protection of civilians, are taught effectively. NTC’s training needs improvement in all three areas. As a foundation for reducing civilian casualties, NTC needs transparency of and emphasis on its ROE. NTC would not declassify its complete ROE for scrutiny, but it did release an abridged ROE pocket card. Even assuming, based on the latter, that they meet IHL requirements, the ROE with regard to civilian protection have not been fully absorbed by the soldiers. Officers seem to have confidence in ROE training, but enlisted men expressed dissatisfaction with its quantity and skepticism about its effectiveness. 4 Mike O. Lacey and Brian J. Bill, eds., Operational Law Handbook (Charlottesville: Judge Advocate General’s School, 2000), pp. 5-2, 5-3. 5 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), adopted June 8, 1977, 1125 U.N.T.S. 3, entered into force December 7, 1978, art. 48 [hereinafter Protocol I]. 6 Ibid., art. 51 (4-5). 7 Ibid., art. 51(5)(b). 8 Ibid., art. 57(2)(a)(ii). 3 While it continues to improve steadily, NTC's realism is insufficient to train soldiers to fight insurgents in an urban environment while minimizing civilian casualties. Soldiers repeatedly complained that the simulated villages are too small and contain too few people, including civilians. Cultural training exists but, according to participants and experts, has been insufficient. Certain training scenarios, particularly related to dangerous challenges such as vehicles and checkpoints, are limited. When conducting training reviews, NTC has failed to identify and analyze patterns of civilian casualties, a process that could help reduce real-life harm during military operations. The training center has started to use expanded technology to track the actions of individual soldiers but has not yet fully implemented it. Until September 2007, battle damage assessments did not give systematic attention to either civilian casualties or how and why they occurred. This information is vital for minimizing civilian casualties in the future. Without specifically raising the issue of protection of civilians, the US Army has recognized the need for better, more relevant training. As early as 2004, a Center for Army Lessons Learned report on the stability-and-support operations underway in Iraq stated, “Soldiers are performing functions vastly different from those on which they have trained; this continues to be a challenge.”9 Another 2004 report said that none of the services have “altered their systems and training to accommodate, and even anticipate, the dynamic conditions in which the services will continue to operate.”10 NTC has made progress since 2004, but there is still room for improvement. The United States has a legal and moral duty when waging war to factor in protection of civilians, and soldiers must be trained in this area as well as in military tactics. While no environment can completely replicate the learning curve of combat, what soldiers learn in training can ultimately determine life or death. 9 Center for Army Lessons Learned, “Operation Iraqi Freedom (OIF) CAAT II Initial Impressions Report (IIR),” May 2004, p. iii. 10 Center for Army Lessons Learned, “On Point: The United States Army in Operation Iraqi Freedom,” May 2004, http://www.globalsecurity.org/military/library/report/2004/onpoint/index.html (accessed February 8, 2006), chap. 8. Other military experts have called for more training. See, e.g., Lloyd J. Matthews, “Conference Report: Winning the War by Winning the Peace: Strategy for Conflict and PostConflict in the 21st Century,” Fifteenth Annual Strategy Conference, Carlisle Barracks, Pennsylvania, April 13-15, 2004, pp. 29-30 (quoting Bathsheba Crocker saying, “Some consensus [on post-conflict reconstruction] seems to be emerging, with such deficiencies as the following having been identified: . . . (5) lack of a targeted training capacity.”). 4 Methodology This paper is based on three trips to the National Training Center. First, in February 2004, the author visited NTC as part of a delegation from Harvard University’s Carr Center for Human Rights Policy. She traveled with representatives of human rights and humanitarian organizations, who came to learn about and critique NTC’s training from their respective points of view. Her recommendations included creating a more realistic enemy, increasing cultural training, providing more up-to-date information on Iraq, offering more guidance on how to deal with certain scenarios such as protests, and putting more emphasis on protection of civilians. The 2004 visit, which occurred during a National Guard rotation, led to a second, more in-depth research mission in July 2005. At that point, the author, with approval of the Department of the Army, investigated and analyzed most aspects of NTC’s operations. During this second mission, the author conducted interviews with all parties involved in the training of soldiers heading to Iraq. She spoke with officers and enlisted men as well as civilian contractors. She met with representatives of BLUFOR (Blue Force trainees from the Second Brigade, Fourth Infantry Division, who deployed to Iraq in January 2006), OPFOR (NTC’s opposing force, then from the Nevada National Guard, 1-221 Cavalry), the Operations Group (resident scenario writers and referee/reviewers called observer/controllers), and Civilians on the Battlefield (Arab-American contractors who represent local Iraqis). She further discussed NTC’s operations with then commanding general Brig. Gen. Robert W. Cone.11 The author also made first-hand observations of training. She watched exercises unfold in the field (“the box”) over five days of a week-long exercise on stability-and-support operations. She observed these scenarios from both sides of the conflict and embedded with BLUFOR for a night. Together, these experiences provided a well-rounded picture of NTC’s training as well as an opportunity to critique that training from an IHL perspective. On a third visit to NTC in August 2007, the author again traveled with a Carr Center delegation. She observed the First Brigade, Fourth Infantry Division, training in the field and had extensive meetings with officers, most notably Brig. Gen. Dana Pittard, the new 11 For more information on the operations of NTC, see the Appendix. 5 commanding general, and members of the Operations Group. This mission allowed her to update the paper. The author also did extensive documentary research for this project, which reinforced the mission’s findings and conclusions.12 Press reports confirmed the need for better training. In February 2006 the Army Times reported, “Commanders in Iraq and Afghanistan want tougher pre-deployment training for soldiers heading to those war zones.”13 It quoted General William Wallace, commander of the Training and Doctrine Command (TRADOC), saying that troops “don’t think they [training exercises] are tough enough or rigorous enough.”14 In 2007, the press reported that some troops no longer have time between deployments to train at NTC or equivalent centers. Given the importance of such training to minimizing civilian casualties, this trend is disturbing from a humanitarian as well as military perspective.15 Key Recommendations To prepare soldiers to minimize civilian casualties, NTC, and other military training facilities, should: • Improve the content of and training on rules of engagement by: o Allowing at minimum and on a regular basis selective scrutiny of its ROE under IHL o Emphasizing training on ROE related to minimizing civilian harm, thus improving on its performance before the major hostilities in Iraq in 2003 o Inculcating in enlisted men the importance of minimizing harm to civilians and offering repeated opportunities to test their knowledge o Evaluating the progress troops are making as they learn ROE 12 Notably, the author and research assistants examined army manuals and regulations and scoured through 40,000 pages of reports from the Center for Army Lessons Learned. 13 Matthew Cox and M. Scott Mahaskey, “Tougher Training; TRADOC Looks to Intensify Prep for Troops Heading into Combat,” Army Times, February 27, 2006, p. 8. 14 Ibid. 15 At least two brigades that deployed in spring 2007 did not receive training at NTC. Ann Scott Tyson, “Increase May Mean Longer Army Tours,” Washington Post, March 29, 2007; “Group Says Congress Must Restrict Use of Troops ‘Not Combat-Ready,’” Inside the Army, March 12, 2007; Robert Burns, “In Their Rush to Reach Baghdad, 2 Army Units Will Forgo Desert Training,” Associated Press, February 27, 2007. 6 • Improve realism of environment by: o Expanding the size and complexity of its villages and creating a full-scale urban training facility o Bringing in more Arab-Americans to role play civilians on the battlefield o Permitting a more aggressive OPFOR and encouraging dialogue between OPFOR and BLUFOR o Increasing cultural training o Adding more scenarios involving vehicles and checkpoints • Improve the review of training by: o Expanding the scope of technology to track individual soldiers on the battlefield to determine who shot whom o Pursuing its new initiative to record civilian casualties across time and doing battle damage assessments that take into account humanitarian as well as military successes and failures. II. The History and Operation of NTC The National Training Center, located at Fort Irwin, California, is one of four US Army Combat Training Centers (CTCs) around the world.16 The CTCs have a unique mandate among the Army’s training facilities. As outlined in Army Regulation 350-50, they are distinguished by their degree of realism, permanent opposing force (OPFOR), and detailed feedback by observer/controllers.17 Commanders are required to “provide a realistic, stressful combat training environment . . . which approximates actual combat.”18 OPFOR adds to the realism by providing a formidable opponent for the trainees. Always 16 The other Combat Training Centers, also affected by this evolution, are the Battle Command Training Program (BCTP) at Fort Leavenworth, Kansas, the Joint Multinational Readiness Center (JMRC) (formerly the Combat Maneuver Training Center (CMTC)) in Hohenfels, Germany, and the Joint Readiness Training Center (JRTC) at Fort Polk, Louisiana. Each has a specific mission: BCTP provides “realistic, stressful training and leader development.” CMTC/JMRC focuses on “joint and combined arms training,” in other words inter- and intra-service training. JRTC trains “our nation’s joint contingency forces,” or light infantry and Special Forces. Department of the Army, “Combat Training Center Program,” Army Regulation 350-50, January 24, 2003, pp. 1-2. 17 Ibid., pp. 1, 16 (“The maneuver CTCs (CMTC, JRTC, and NTC) provide required training for groundmaneuver brigades to conduct brigade force-on-force live maneuver training against an adaptive, opportunities-based OPFOR on an instrumented battlefield with feedback provided by a professional force of O/Cs [observer-controllers].”). 18 Ibid., p. 11. 7 An observer/controller, who reviews the performance of NTC’s trainees, watches as a medical convoy approaches a village where it will face an improvised explosive device (IED) attack. Frank feedback is one of the characteristics of NTC. Photo by Bonnie Docherty, 2007. stationed at the CTC, it is familiar with the terrain of the center and the tactics of the enemy it portrays. The extent of the criticism given to troops also characterizes the CTCs. Trainees at all levels receive frank reviews of their actions. NTC’s particular mission has evolved over the past two decades. The Army founded it in 1980 to train armored units.19 It encompasses an area the size of Rhode Island, which allowed room for large tank-on-tank battles. In recent years, especially since September 11, it has adapted in response to new combat conditions, in particular counterinsurgency operations. This change has involved revamping its physical plant and updating the exercises it conducts. 19 See generally Daniel P. Bolger, Dragons at War: 2-34th Infantry in the Mojave (Novato, Calif.: Presidio Press, 1986). The Navy originated the CTC more than 30 years ago. Defense Science Board Task Force, “Training Superiority & Training Surprise,” January 2001, p. 7. 8 The goal of NTC is to make military training as close to combat as possible so that troops can learn lessons in a safe environment. “They can make mistakes here and it doesn’t cost a life,” said a civilian contractor manager.20 It runs about 10 trainings per year in a mountainous desert spread out over “Iraq-like distances.”21 A typical rotation lasts three weeks—one at base and two in the field. The four main players in NTC training are: BLUFOR (the trainees), OPFOR (the opposing force), the Operations Group (scenario writers and observer/controllers (O/Cs)), and Civilians on the Battlefield. The four groups interact in scenarios set up by the Operations Group. A detailed description of the operation of NTC and its adaptation to contemporary combat conditions is given in the Appendix. III. International Humanitarian Law While the Army’s main goal at NTC is to prepare troops militarily for combat, it also has a duty to teach them to avoid civilian harm on the battlefield. As the Army is aware, its responsibilities under international law limit its actions and, in the process, help protect non-combatants. “We save lives, not only our guys but Iraqis,” said S. Sgt. Timothy Wilson.22 International humanitarian law, also called the law of war, governs the conduct of state and non-state actors during times of armed conflict and thus should guide military training. The four Geneva Conventions of August 12, 1949, represent the cornerstone of IHL, and their two associated Additional Protocols of 1977 (hereinafter Protocol I and Protocol II) supplement those safeguards. For the purposes of this paper, Protocol I provides the relevant provisions for minimizing civilian harm during armed conflict.23 The basic rule of this branch of IHL is distinction, which requires all parties engaged in an armed conflict to distinguish between civilians and combatants. Article 48 of Protocol I states that “the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and 20 Interview with Titan Site Manager #1 (name withheld), Fort Irwin, California, July 24, 2005. Lt. Thomas Faber echoed this view saying, “They make mistakes here they won’t make in Iraq. It is key to learn from mistakes here.” Interview with Lt. Thomas Faber, OPFOR, Fort Irwin, California, July 26, 2005. 21 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 22 Interview with S. Sgt. Timothy Wilson, OPFOR, Fort Irwin, California, July 24, 2005. 23 As mentioned above, the United States is not party to Protocol I, but it recognizes all the relevant articles as customary law. Lacey and Bill, eds., Operational Law Handbook, pp. 5-2, 5-3. 9 accordingly shall direct their operations only against military objectives.”24 This provision is particularly essential in counterinsurgency operations, such as those in Iraq and Afghanistan, where enemy combatants often try to blend in with the civilian population. Attacks that strike military objectives and civilians or civilian objects without distinction are considered indiscriminate and are prohibited. While Protocol I recognizes that some civilian deaths are inevitable, it says states cannot legally target civilians or engage in indiscriminate attacks. Article 51(4) and Article 51(5) define the concept of indiscriminate in several ways, including attacks that 1) are not directed at “a specific military objective,” 2) use a means or method of war cannot be directed at “a specific military objective,” 3) use a means or method of war with effects that cannot be limited, 4) treat separate urban military objectives as one (e.g., carpet bombing), and 5) are disproportionate.25 A disproportionate attack “may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”26 Training facilities should emphasize all of these rules in order to prepare its troops to reduce civilian casualties in real combat. Militaries are also legally bound to minimize civilian harm. Article 57(2)(a)(ii) of Protocol I imposes a duty on states to “take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.”27 An effective military training program will help armed forces meet that responsibility. IV. Rules of Engagement Rules of engagement, foundational to all military training, enhance civilian protection by guiding soldiers’ actions in military operations. When asked how best to learn to protect civilians during conflict, soldiers regularly said, “Train on ROE.” It is important for ROE, some of which are standard and some of which vary by operation, to outline the 24 Protocol I, art. 48. Ibid., art. 51(4, 5). 26 Ibid., art. 51(5)(b). 27 Ibid., art. 57(2)(a)(ii). 25 10 IHL rules for protecting civilians. They must do so in a clear and straightforward way so soldiers can understand and remember them. Soldiers must receive repeated training on ROE so that they follow them without thinking when under the stress of armed conflict. “It gives me a tool. It is easy to understand. . . . When I get separated, I fall back on the ROE,” said BLUFOR Lt. Richard Mohr.28 To reach this level of mastery, the ROE must be taught again and again. Lt. Col. Johnny H. Isaak, the OPFOR commander, said, “Everybody stresses ROE. They demand constant vigilance.”29 Capt. Bill Dougherty, another BLUFOR officer, added it is important to “keep emphasizing ROE. Not every Iraqi is a bad guy.”30 Both the content of and training on ROE are crucial to minimizing civilian casualties. At this point, however, soldiers have not fully absorbed these lessons. While NTC did not declassify its complete ROE for national security reasons, it released its ROE Smart Card, a pocket guide carried by all soldiers, which has been in effect since May 2005.31 Several officers said it accords with the ROE used in Iraq now. Although abbreviated, the card seems in line with IHL. It recognizes the right to self-defense but also outlines rules based on the principle of distinction. Soldiers may only use force against a person who shows hostile intent and can be positively identified as a legitimate target.32 The card improves upon that used during major hostilities in Iraq in 2003 by adding guidelines for increasing force gradually.33 More detail should be added, however, such as a definition of hostile intent, and the Smart Card should be regularly updated to fit the situation on the ground. An outside evaluation of ROE is essential to understanding fully the content and adequacy of NTC’s ROE training on reducing 28 Interview with Lt. Richard Mohr, BLUFOR, Fort Irwin, California, July 25, 2005. Interview with Lt. Col. Johnny H. Isaak, commander, OPFOR, Fort Irwin, California, July 28, 2005. 30 Interview with Capt. Bill Dougherty, BLUFOR, Fort Irwin, California, July 25, 2005. 31 MNC-I [Multi-National Corps–Iraq] ROE Card, in effect as of May 22, 2005, obtained by the author from NTC, November 8, 2007. Another source of guidelines on civilian protection for soldiers is “Soldier Standards,” a public document taught at NTC and presented the author in a 2007 briefing. It states, for example: 1) Soldiers fight only enemy combatants. . . . 7) Soldiers treat civilians humanely. . . . 9) Soldiers should do their best to prevent violations of the law of war. 10) Soldiers report all violations of the law of war to their superior. Col. Steven Salazar, “The National Training Center,” (powerpoint presentation), August 23, 2007, slide on “Soldier Standards.” 32 MNC-I ROE Card. 33 For a copy of the ROE card for major hostilities in Iraq in 2003, see Human Rights Watch, Off Target: The Conduct of the War and Civilian Casualties (New York: Human Rights Watch, 2003), http://www.hrw.org/reports/2003/usa1203/ (accessed October 29, 2007), pp. 138-39. 29 11 civilian casualties. The Army should make it a practice to allow, at minimum, selective scrutiny of NTC’s ROE to confirm that the relevant rules are consistent with IHL and that troops are following them. After establishing appropriate ROE, the US military must train on them. A quiz done before each rotation highlights the need for substantial ROE training at NTC. The center films enlisted men answering questions about ROE and explaining how they believe they should handle a situation under these rules. Answers vary widely, and soldiers sometimes do not know how to respond. In one film, of five soldiers interviewed, two had not yet had an ROE class and one did not know what an ROE class was. Asked when they could engage, one said when a person shows hostile intent, the correct answer; the others said when they feel threatened or if a person does not heed their warnings. Asked whether they could engage a crowd that rolls away a US Army vehicle just hit by an improvised explosive device (IED), the responses included: yes; no, unless there is hostile intent; and “I don’t know.”34 Col. Steven Salazar, commander of Operations Group, said, “The dipstick is the video. When solders can’t answer, it reincentivizes officers.”35 The success of the incentive is unclear, however, as NTC does not film trainees at the end of a rotation to see if or how they improved. NTC tracks the evolution of units rather than individuals under another system. It ranks them on counterinsurgency fundamentals, including ROE, at the beginning and end of training. In a sample of eight units, all received a ranking of one or two (out of five) at the beginning and three at the end.36 This change does not seem sufficient. For example, although a three means “conducted to standard,” at that level Smart Cards, pocket-sized cards with key ROE, are only available; at level four are they actually enforced. Given 34 “7-10 Man on Street,” CD-ROM of ROE quiz filmed on August 14, 2007 (on file with author). None of the soldiers had received a class on detention operations or could identify their unit’s evidence custodian. 35 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 24, 2007. 36 Col. Steven Salazar, “The National Training Center,” slide on “COIN [Counterinsurgency] Fundamentals.” The eight counterinsurgency fundamentals are: negotiations; cultural understanding; language capability; counter IED; counter sniper; escalation of force (EOF)/ROE; search, detain, and prosecute; tactical questioning; and every soldier a sensor and ambassador. Ibid. Rank one is defined as “No understanding of EOF/ROE training.” Rank two is defined as “Equipment and procedures trained to Squad Leader level, equipment distributed, Covered in CO/TM [company/team] OPORD/FRAGO [operations order/fragmentary order (the latter is an adjustment or update to tasks assigned in an existing OPORD)], Language Cards/Electronic interpreters available.” Rank three, “conducted to standard,” is further defined as “Equipment and procedures trained to soldier level, adequate equipment O/H [on hand], covered in Patrol OPORD/FRAGO and rehersals [sic], SOPs [standard operating procedures]/Smart-Card available.” NTC, Observer/Controller Handbook, July 21, 2007, p. 2-4. 12 the importance of ROE generally and with regard to minimizing civilian casualties, NTC should both better document the impact of training and aim for higher scores.37 Field interviews at NTC confirm that more needs to be done. While officers seemed to have confidence in existing ROE training, enlisted soldiers were generally more skeptical. Lt. Greg Coulter said, “We want to eliminate collateral damage. . . . You know what you can and can’t do. You’re trained on it.”38 Capt. John Bodenhamer said, “We constantly train on civilian protection.”39 Enlisted men, by contrast, often gave blank looks when BLUFOR troops and Iraqi policemen carry a civilian injured by an insurgent-emplaced IED on a stretcher. An OPFOR soldier plays the Iraqi civilian. To minimize US-caused civilian casualties, soldiers must repeatedly train on rules of engagement that require troops to distinguish between combatants and civilians. Photo by Bonnie Docherty, 2007. 37 A four is defined as: “Smart-Card/SOPs enforced, effective use of language cards/electronic interpreters to mitigate EOF/ROE incidents, accurate and timely reporting through the COC [chain of command] when an EOF incident occurs.” A five is defined as: “Thorough, and complete investigation is conducted by the command within 72 hours of an incident being reported.” NTC, Observer/Controller Handbook, p. 2-4. 38 Interview with Lt. Greg Coulter, BLUFOR, Fort Irwin, California, July 26, 2005. 39 Interview with Capt. John Bodenhamer, BLUFOR, Fort Irwin, California, July 27, 2005. 13 asked how they were taught to minimize civilian casualties. At least one trainee felt there was not enough training on this issue. He said, “I wish there were more interaction with civilians on the squad level, individual soldiers.”40 Other troops said some civilian casualties are “understandable.”41 Sgt. John Garner II commented, “You can only protect [civilians] to a point. You go over to another country and it’s a crapshoot. . . . You can never get enough training.”42 While civilian casualties are inevitable in war, NTC must make sure its trainees do not become complacent or indifferent to the protection of civilians. One of the most valuable lessons for the protection of civilians is “positive identification,” an ROE requirement that troops identify an opponent with reasonable certainty before shooting. Capt. Matty Nahas said, “It is very hard to distinguish between civilian and insurgent. Until they display hostile intent, they are civilians.”43 Although it is a difficult task, officers described several ways NTC teaches troops to tell combatant from civilian. Maj. Cameron Kramer said, “We look for who is out of place. If we understand demographics, [we understand] who’s new in town, who doesn’t fit, who walks away.”44 Captain Bodenhamer said, “The biggest thing to look for is indicators— someone who stands out, is standoffish.”45 US troops also learn to look at hands rather than at faces.46 “[The enemy] can only kill with their hands. They need hands to push a button or a trigger,” Captain Dougherty said.47 If weapons are hidden or pointed at them, soldiers consider the person hostile.48 If not, they are taught to have a “measured 40 Interview with soldier #1 (name withheld), BLUFOR, Fort Irwin, California, July 24, 2005. Interview with S. Sgt. Tony Ball, OPFOR, Fort Irwin, California, July 28, 2005. 42 Interview with Sgt. John Garner, II, BLUFOR, Fort Irwin, California, July 26, 2005. Civilian protection can be increased by making it more important during training. A 1997 JRTC manual, for example, says the trainees’ “primary task is to minimize civilian interference on the JRTC battlefield,” not to minimize harm to civilians. “Categories of Civilians Encountered during JRTC Rotations,” 1997, available in “21st Century Complete Guide to the U.S. Army Center for Lessons Learned (CALL),” Core Federal Information Series, CD-ROM. 43 Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 44 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. Coordinating with local officials can also help send messages to civilians about how to avoid being killed. “Civilian Issues,” available in “21st Century Complete Guide to the U.S. Army Center for Lessons Learned (CALL),” Core Federal Information Series, CD-ROM. 45 Interview with Capt. John Bodenhamer, BLUFOR, Fort Irwin, California, July 27, 2005. 46 Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 47 Interview with Capt. Bill Dougherty, BLUFOR, Fort Irwin, California, July 25, 2005. 48 Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 41 14 response. If they have a rock, don’t shoot.”49 Soldiers said suicide bombers, who kill US troops and Iraqi civilians, are especially difficult to identify.50 In one scenario, a woman swooned into a crowd of soldiers killing most of them. They missed the signs not because they were hesitant to shoot, but because they were not paying attention to her. NTC must ensure continued and effective practice on positive identification in order to ingrain ROE in troops. ROE are related to escalation of force (EOF) procedures. EOF can be defined as “sequential actions which begin with nonlethal force measures . . . and graduate to lethal measures . . . to include warning, disabling, or deadly shots in order to defeat a threat and protect the force.”51 The military uses EOF procedures at, for example, checkpoints and demonstrations. According to Capt. Chris Kuzio, they have three purposes: 1) to protect US soldiers, 2) to protect the Iraqi people, and 3) to change the Iraqi perception that Americans will kill them.52 The Army’s counterinsurgency fundamentals as well as many soldiers link EOF and ROE.53 An observer/controller giving an after-action review told a unit, “If you see [soldiers] shooting civilians, it is improper EOF. They are not following the ROE.”54 Like ROE, EOF procedures are designed to regulate the use of force and provide rules that, if well drafted and trained on, can help minimize civilian casualties. EOF procedures followed properly can result in harm to civilians, but they more often reduce it.55 As a result, NTC should treat them the same way they should treat ROE. Recent US military history demonstrates that ROE are significant for minimizing the effects of war on civilians. In its report Off Target: The Conduct of the War and Civilian Casualties in Iraq on the conduct of war in Operation Iraqi Freedom, Human Rights Watch found that “problems with training on, dissemination of, and clarity of [ROE] may 49 Interview with Lt. Richard Mohr, BLUFOR, Fort Irwin, California, July 25, 2005. Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 51 Center for Army Lessons Learned (CALL), “Escalation of Force (EOF) Conference Packet,” Carr Center for Human Rights and PKSOI Workshop, March 26-27, 2007, p. 13. 52 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 53 NTC, Observer/Controller Handbook, pp. 2-1-2-4. 54 After-action review observed by author, Fort Irwin, California, August 23, 2007. 55 Lt. Col. Paul Kreis explained that soldiers can conduct improper EOF procedures and kill an insurgent or conduct proper procedures and cause civilian casualties. Interview with Lt. Col. Paul Kreis, chief of operations, Operations Group, Fort Irwin, California, August 23, 2007. 50 15 have, in some instances, contributed to loss of civilian life.”56 For example, an afteraction report from the Third Infantry Division said, “Late receipt of ROE caused confusion on a number of issues that were not clearly written. These matters were not resolved until hostilities began, meaning we could not train soldiers on the provision.”57 An NTC trainee who served with the First Armored Division in Iraq reiterated this problem. “We went in more aggressive. We were not trained. We made many mistakes,” he said.58 Human Rights Watch has documented other incidents of insufficient training on ROE that led to civilian casualties in Iraq and Afghanistan. In al-Fallujah on April 18, 2003, members of the 82nd Airborne Division killed 17 people and injured more than 70, when responding to a protest. While witnesses and the US military disagree about whether the demonstration was peaceful or not, Human Rights Watch found evidence of inadequate training.59 In the first six months after the end of major hostilities, other US soldiers in Iraq complained that there was inadequate training for stability-and-support operations. A 2003 after-action report said, “Transitioning from combat to SASO [stability-andsupport operations] requires a substantial and fundamental shift in attitude. . . . The soldiers are blurred and confused about the rules of engagement.”60 It spoke specifically about checkpoints, one of the major sources of US-caused civilian deaths. In 2004 in Afghanistan, Human Rights Watch found that ROE “designed for combat situations seem to be applied where law enforcement protocols are required.”61 It called for better training for arrest operations in urban areas, which had caused unnecessary civilian casualties.62 56 Human Rights Watch, Off Target, p. 99. “Third Infantry Division (Mechanized) After Action Report, Operation Iraqi Freedom,” July 2003, http://www.carson.army.mil/Moblas/NBC/3rdIDAARIraqJuly03.pdf (accessed October 29, 2007), p. 286. 58 Interview with soldier #3 (name withheld), BLUFOR, Fort Irwin, California, July 24, 2005. 59 Human Rights Watch, Iraq—Violent Response: The U.S. Army in Fallujah, vol. 15, no. 7(E), June 2003, http://hrw.org/reports/2003/iraqfalluja/ (accessed October 29, 2007), p. 1. 60 After Action Report, “SUBJECT: Operation Iraqi Freedom After Action Comments,” April 24, 2003, conducted by TCM C/3-15 Infantry, Task Force 1-64 (reproduced in Human Rights Watch, Iraq—Hearts and Minds: Post-War Civilian Deaths in Baghdad Caused by U.S. Forces, vol. 15, no. 9(E), October 2003, http://www.hrw.org/reports/2003/iraq1003/ (accessed October 29, 2007), p. 55). 61 Human Rights Watch, “Enduring Freedom”: Abuses by U.S. Forces in Afghanistan, vol. 16, no. 3(C), March 2004, http://hrw.org/reports/2004/afghanistan0304/ (accessed October 29, 2007), p. 11. 62 Ibid., p. 10. 57 16 NTC personnel shared similar stories from theater about the need for better training. Lt. Col. Michael Harris served in Iraq from 2005 to 2006. “The way we treated the Iraqis was terrible. It was poor training or the way they grew up. They hit every car they passed. They kicked and grabbed. The battalion commander allowed it,” he said.63 While Harris said his squadron took care to avoid unnecessary casualties or property damage,64 the incidents he witnessed demonstrate the significance of training on as well as content of ROE. NTC must address these mistakes and avoid them in the future. In order to do so, NTC must provide soldiers repeated opportunities to learn and train on ROE before they go in theater. Training starts in the classroom and at home base, but as the quiz results discussed above show, it is inadequate. Brigadier General Pittard, who assumed the position of commanding general in the summer of 2007, acknowledged the problem. “It’s a valid concern. We can’t be satisfied if a PFC [private first class] is not confident. The young PFC has to make decisions with a trigger,” Pittard said.65 During his tenure, Commanding General Cone, who took over NTC in September 2004, worked to develop “embedded” ROE training.66 “You develop muscle density through repetition,” Lt. Col. Thomas Magness said.67 As part of this approach, a variety of scenarios is essential so troops learn to shift back and forth from high- to low-intensity conflict. “We take soldiers and switch their mindset. They know when to turn things off and on,” Captain Nahas said.68 Putting soldiers in repeated and realistic contact with civilians tests them on the IHL components of ROE. 63 Interview with Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, Fort Irwin, California, August 24, 2007. 64 Email communication from Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, to Bonnie Docherty, September 1, 2007. 65 Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. 66 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 67 Interview with Lt. Col. Thomas H. Magness, observer/controller, Operations Group, Fort Irwin, California, July 26, 2005 (“Soldiers make mistakes. You want them to make mistakes here so they can all learn from it.”). 68 Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 17 V. Realism of Environment Realism of environment helps train troops to abide by IHL by requiring them to deal with actual combat pressures. Settings, civilians, cultural details, and scenarios all contribute to the authenticity of a training exercise. Of the three components of training, realism is the area where NTC has made the most progress and needs the most improvement. One officer described it as the biggest training challenge.69 As it stands, the realism of NTC’s training is insufficient to prepare soldiers to fight insurgents in an urban environment while minimizing civilian casualties. Current Conditions In recent years NTC has updated its training to make it more closely resemble the situation in Iraq and Afghanistan. “Training about two years ago started to look forward [to 21stcentury urban conflict] . . . ,” said Maj. John Clearwater in 2006. “The whole focus is on where the next fight is going to be and how we prepare soldiers for that.”70 In a radical change, NTC has made its physical plant more than a setting for tank-on-tank combat. To its vast expanse of open desert, it has added cave complexes to mimic those in Afghanistan and 15 small towns to allow troops to practice urban warfare, or “military operations in urban terrain” (MOUT). NTC has hired Arab-Americans to play civilians and dressed its OPFOR soldiers in native garb. It has used a cultural expert to inform its training. Finally, its list of scenarios now includes not only large armored battles, but also counterinsurgency operations of the sort being conducted in Iraq and Afghanistan. Except for a focus on clearing out caves, training for Afghanistan is essentially the same as for Iraq, which is referred to below.71 To guide ongoing developments, NTC maintains regular communication with the Iraqi and Afghan theaters. First, it benefits from the experiences of veterans. According to Colonel Salazar, all senior trainers have served in Iraq or Afghanistan.72 Second, NTC organizes group visits to the theater. Lieutenant Colonel Magness, along with 16 other 69 Interview with Lt. Col. Charles M. Evans, deputy commander, Operations Group, Fort Irwin, California, August 23, 2007. 70 Telephone interview with Maj. John Clearwater, NTC public affairs officer, Washington, DC, July 31, 2006. 71 Ibid. 72 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 18 observer/controllers, spent five days in Iraq with the Third Infantry Division in July 2005. “It’s a tremendous source of reference. But stuff over there changes. We have to keep going back over there. The fresher the lessons are, the better you can do,” he said.73 Observer/controllers now travel to the region four times a year.74 Finally, NTC communicates biweekly with the Multi-National Corps–Iraq (MNC–I), which controls military operations in the region. “They give us their thinking on trends, what they want us to work on, what they’re seeing. We catch it into our next rotation,” said Lt. Col. Brad Stewart of the Operations Group.75 As it engages in such on-site and electronic exchanges, NTC should not only acquire information on how to make training settings and scenarios more realistic but also learn about challenges troops on the ground face distinguishing between soldiers and civilians. Many of the troops interviewed praised the realism of NTC. Observer/controller Major Kramer said, “It gets very real. People forget they are here in California.”76 Soldiers who have fought in or visited Iraq echoed this statement. An officer and veteran of Operation Iraqi Freedom said the experience gave him “flashbacks of things in theater. . . . I have to check myself that I’m not in combat.”77 Lieutenant Colonel Magness, an observer/controller who conducted a fact-finding mission to Iraq, said, “You can’t replicate Iraq here, you never will. You don’t have the rubble, trash, cars, people, and noise. But when you’re in the middle of downtown Medina Wasl [one of NTC’s villages] and the people are around you with smoke, dust, heat, noise, it’s close enough.”78 NTC strives to appeal to all the senses, adding calls to prayer and Iraqi cooking smells to the desert environment and native villages.79 73 Interview with Lt. Col. Thomas Magness, observer/controller, Operations Group, Fort Irwin, California, July 27, 2005. 74 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 75 Interview with Lt. Col. Dale (Brad) Stewart, chief of plans and operations, Operations Group, Fort Irwin, California, August 23, 2007. 76 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. 77 Interview with Capt. John Bodenhamer, BLUFOR, Fort Irwin, California, July 27, 2005. 78 Interview with Lt. Col. Thomas H. Magness, observer/controller, Operations Group, Fort Irwin, California, July 27, 2005. 79 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 19 While the atmosphere gives soldiers some of the feeling of Iraq, NTC needs to strive for a more complete setting. “It’s good in many respects. It’s useful, but it’s not the real thing,” a soldier said.80 The different views of NTC’s realism are in part attributable to whether or not a trainee had been to Iraq. A BLUFOR battalion commander said those who had not been in theater were “relatively unfazed [by the realism]. [To them, i]t’s a training exercise.”81 Field research corroborated this statement. The new trainees’ lack of reaction is disconcerting since NTC’s role is to awaken them to what lies ahead. Room for Improvement While NTC has made changes, it must improve realism in settings, actors, cultural training, and scenarios. First, the towns should more closely resemble those of the Middle East and Afghanistan in size and appearance. As an Iraqi civilian said, “The towns are not like this. They extend block after block and have 500 people.”82 By contrast, NTC’s villages are generally quite small, each consisting of one or two dozen identical metal shipping containers. One can survey most of a village from a single vantage point. Lieutenant Colonel Magness, one of many soldiers to call for bigger towns in 2005 and 2007,83 said, “We need a bigger urban training area. Even Medina Jabal [the largest NTC town] still has a number of buildings you can count.”84 Soldiers in combat will face much larger urban centers of mud structures and mazes of narrow roads. “I wish Tiefort City [the English name for Medina Jabal] was so big you could get lost in it,” an OPFOR company commander said.85 Appearance is also a problem. By 2007, NTC had installed facing on some of the shipping containers, but they still did not closely resemble structures in Iraq or Afghanistan. “We’re looking to improve. The buildings don’t look like this. We’re sending people to Iraq to learn how to make bricks, 80 Interview with soldier #1 (name withheld), BLUFOR, Fort Irwin, California, July 24, 2005. Interview with Lt. Col. Patrick Donohoe, battalion commander, BLUFOR, Fort Irwin, California, July 25, 2005. 82 Interview with Arab-American woman #1 (name withheld), Civilian on the Battlefield, Fort Irwin, California, July 25, 2005. 83 See, e.g., interview with Capt. Bill Dougherty, BLUFOR, Fort Irwin, California, July 25, 2005 (“We need a gigantic MOUT site. Guys are going to get killed in firefights and fighting in an urban environment. We need dense urban architecture and population.”); interview with Lt. Thomas Faber, OPFOR, Fort Irwin, California, July 26, 2005 (“The only thing I would complain about is size. Most [of the mock villages] are the size of a city block.”); interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007 (“We need bigger cities. . . . When 120 soldiers are in a city of 43,000 Iraqis, they have to make friends.”). 84 Interview with Lt. Col. Thomas H. Magness, observer/controller, Operations Group, July 27, 2005. 85 Interview with OPFOR company commander (name withheld), Fort Irwin, California, July 25, 2005. 81 20 A typical village consists of a small number of beige shipping containers. Although NTC has since added facing on some of the containers and started construction of a larger urban center, its 15 towns need to be larger and more complex. Photo by Bonnie Docherty, 2005. to study the architecture, shopkeeps, balconies,” said Captain Kuzio.86 The realism of NTC’s villages needs to be improved to give soldiers a better feel of what operating in theater is like. “Friction could be improved with buildings, a first-class urban warfare setting . . . roads, buildings on the side, traffic, chaos. . . . The number one priority is to get an urban training capability,” Lieutenant Colonel Magness said. Without practice in a more realistic environment, soldiers may be unprepared to protect civilians in the confusion of a real city. The most recent commanding generals have sought to improve the settings at NTC. Commanding General Cone ordered construction of an urban capital with 200-plus buildings. He said it would be three kilometers square and include eight “major [military and civilian] objectives,” such as a palace, prison, factory, and hospital. The existing 86 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 21 metal containers would be turned into a slum.87 Cone’s successor Brigadier General Pittard said in the summer of 2007 that he expects NTC to complete the project by the end of fiscal year 2009 or 2010 and wants to expand the plan to 500 buildings.88 By August 2007, NTC had opened seven buildings to be used for training just outside the town of Medina Jabal and added a Joint Security Station where Iraqi and US soldiers lived together in the town center.89 A lower-cost possibility for addressing the size concern in the short term would be to reduce the number of towns—in some rotations only six to eight of the 15 are used90—and create fewer, larger ones. The latter proposal should be a temporary substitute and not a permanent solution to the problem. Even if the war with Iraq ended, the developments would still be useful. “Can you think of any enemy that wouldn’t try to draw us into cities?” asked Cone.91 Colonel Salazar said, “No one thinks we’re going back to tank battles. It’s our advantage and they understand they can’t overmatch us. We want to lay a foundation for the future.”92 Creating an urban center as soon as possible is essential to establishing a realistic training environment. NTC should examine its setting on a micro as well as macro level. The interiors of its buildings, like their exteriors, are virtually the same. Most consist of a long, narrow, open first floor, a staircase, and a second floor with one or two rooms. In real life, they will face buildings with various footprints and floor plans. A member of the Operations Group at another CTC described the extensive training needed to prepare troops for “close quarters battle,” including raids on homes. “Rehearsals are the most important life-saving step. . . ,” he said. “Soldiers need to experience the problems associated with it to prepare for this type of operation.”93 Nongovernmental organizations (NGOs) have 87 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 88 Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. 89 Interview with Lt. Col. Ron Metternich, Operations Group, Fort Irwin, California, August 23, 2007. 90 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 91 Ibid. Such conflicts became increasingly common in the 1990s. See Capt. O. Kent Strader, “Counterinsurgency in an Urban Environment,” 1997, available in “21st Century Complete Guide to the U.S. Army Center for Lessons Learned (CALL),” Core Federal Information Series, CD-ROM. 92 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 93 The complexities of “close quarters battle” and the need to train on it are outlined in an article from a member of JRTC’s Operations Group. Sfc. Robert J. Ehrlich, “Close Quarters Battle (CQB) Training, 2002,” available in “21st Century Complete Guide to the U.S. Army Center for Lessons Learned (CALL),” Core Federal Information Series, CD-ROM. 22 documented the humanitarian dangers of house raids in military operations in Iraq and Afghanistan.94 Variety inside buildings would help soldiers better practice civilian as well as force protection during searches. In April 2007, NTC opened a new complex of four two-story homes in which soldiers train on house searches before their field rotation starts. These structures closely resemble those in Iraq with stucco walls, flat roofs, interiors furnished like typical Arab homes, and details such as Arab clothes, cooking, music, and posters of imams. The Operations Group hides weapons caches behind wardrobes and heating vents for BLUFOR troops to find. The trainees learn to follow a careful search procedure that involves, for example, knocking on the door and explaining who they are, photographing the scene before and after “so they can’t be accused of something they didn’t do,” and systematically going through every room and returning innocent objects to their original place.95 They also train to search Iraqi residents with soldiers of the same sex. “Until they find something, we assume [the residents] are innocent. It changes if they find something and leads to an arrest procedure,” said Sgt. Maj. George McKerrow, an advisor from the UK military.96 The realism of these building interiors should be replicated in the villages so soldiers face such obstacles in the course of field training exercises. In conjunction with building larger and more complex cities, NTC should hire more Arab-Americans to play civilians. Since 2005 there have been about 250 such Civilians on the Battlefield to train with each 3,000- to 5,000-person brigade, which is a radically different proportion from that in Iraq. S. Sgt. Tony Ball, an Iraq veteran, said, “The number of people is overwhelming [in Iraq]. Here they are a lot easier to control. . . . The more you deal with mass, the more you learn to work with crowds.”97 Cultural advisor Saed Kakei described the quantity of Arab-Americans as “a very limited capacity” and said he is calling for more.98 In one scenario, a protest of a couple dozen chanting Iraqis followed around soldiers looking for bomb-making equipment. While they challenged the soldiers, there were about as many troops as demonstrators. “You 94 See, e.g., Human Rights Watch, Hearts and Minds, pp. 26-29; Human Rights Watch, “‘Enduring Freedom,’” pp. 10-21. 95 Interview with Sgt. Maj. George McKerrow, UK search advisor, Fort Irwin, California, August 24, 2007. 96 Ibid. 97 Interview with S. Sgt. Tony Ball, OPFOR, Fort Irwin, California, July 28, 2005. 98 Interview with Saed Kakei, NTC subject matter expert advisor, Fort Irwin, California, August 23, 2007. 23 can get the training objective, but 800 people scares the bejeezus out of soldiers,” said Maj. Tom Olszowy of the Operations Group.99 Officers, including Commanding General Pittard, want to at least quadruple the number. “The realism is not there. There are not enough [Arab-Americans]. I will not be satisfied until there are 1,000,” Pittard said.100 Forcing soldiers to confront large numbers of civilians tests their ability to show restraint when dealing with massive, often unruly crowds.101 NTC has also restricted the roles its Arab-American contractors can play. Traditionally, with the exception of Iraqi police and army role players, Arab-Americans could neither carry the laser guns the soldiers use nor drive vehicles, which encounter US troops at checkpoints and in convoys. OPFOR troops wearing Arab clothing supplemented the Arab-Americans, playing other civilians and insurgents, but they were clearly identifiable. As a result, BLUFOR troops could figure out that “only Americans are threats,”102 and there was less opportunity for trainees to learn to deal with the confusion of facing combatants and civilians who look alike. During the author’s visit in August 2007, Commanding General Pittard said that he hoped to change this policy soon.103 The Operations Group reportedly followed through on allowing Arab-Americans to carry guns in September and planned to grant permission for them to drive around November.104 NTC must finish making these changes and review their implementation so as not to undermine the purpose of having Arab-American role players. 99 Interview with Maj. Tom Olszowy, Operations Group, Fort Irwin, California, July 28, 2005; interview with OPFOR company commander (name withheld), Fort Irwin, California, July 25, 2005; interview with Lt. Col. Johnny H. Isaak, commander, OPFOR, Fort Irwin, California, July 28, 2005 (“[They should be] packed in and more in big groups. Soldiers get better a flavor of a town with bad guys and huge numbers of civilians—40, 50, 100 [Iraqis] they can keep their eyes on.”). 100 Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. See also interview with Lt. Col. Charles M. Evans, deputy commander, Operations Group, Fort Irwin, California, August 23, 2007. 101 Non-Arab-American role players are also important. NTC already incorporates the media, but it has had difficulties accurately portraying NGOs and the International Committee of the Red Cross (ICRC). Interview with Maj. Tom Olszowy, Operations Group, Fort Irwin, California, July 28, 2005. On Commanding General Pittard’s orders after a 2007 meeting with the Carr Center delegation, NTC integrated ICRC role players into the rotation although as of October it was continuing “to refine and improve” them. Email communication from Lt. Col. Paul Kreis, chief of operations, Operations Group, to Bonnie Docherty, October 29, 2007. 102 Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. 103 Ibid. 104 Email communication from Lt. Col. Paul Kreis, chief of operations, Operations Group, to Bonnie Docherty, October 29, 2007. 24 Protestors, played largely by Arab-American contractors, greet BLUFOR officers and town leaders after a meeting at town hall. The crowd chanted anti-US slogans throughout the meeting, which addressed security and humanitarian assistance. NTC needs more civilian role players to challenge BLUFOR troops’ ability to minimize harm to civilians. The faces of the Arab-Americans have been blurred to protect their identity. Photo by Bonnie Docherty, 2005. 25 NTC, meanwhile, could better use OPFOR as a training force. Spc. Noah Miller argued OPFOR should be allowed to be even more aggressive.105 For example, observer/controllers should permit OPFOR to get closer to the BLUFOR troops, and possibly even make contact. The current minimum distance allowed between combatants within a building is three meters.106 Miller’s comrade Spc. Cesar Valdes said, “When chanting we are so far away they don’t feel threatened. Let us get a little rowdy.”107 Although observer/controller referees typically preempt physical contact, OPFOR should be allowed to challenge adherence to ROE as vigorously as possible. In addition to testing BLUFOR, playing OPFOR is a valuable training exercise. “We get an understanding of what they [enemy soldiers] think,” said OPFOR Sgt. Jason Zimmerman. “Every soldier coming in should have a chance to experience both sides. You get a better understanding of the enemy.”108 A dialogue between OPFOR and BLUFOR would help pass OPFOR’s understanding of the enemy on to the trainees. As a corollary to improving the role playing of Iraqi civilians and insurgents, NTC should continue and increase its cultural training. “This is a war where cultural knowledge may be more important than the number of bullets that you have,” a military expert told the Army Times.109 Soldiers must learn to understand the culture so as not to offend local inhabitants. Such training begins in the classroom. NTC’s new cultural advisor Saed Kakei conducts two three-hour sessions on cultural awareness and negotiations—one for officers and one for non-commissioned officers.110 Culture is also discussed in the afteraction reviews. In one review, an observer/controller told a medical unit, with regard to treating female victims with female soldiers, “You know the cultural differences. . . . I’d treat them with the same respect as any American. They’re on our side.”111 NTC’s Observer/Controller Handbook has a section on Arab culture so the trainers can be prepared to pass the information on.112 Attention to details like introducing oneself to the mayor, taking time for a cup of tea, or being careful not to show the offensive bottoms of their boots are important ways to promote cultural exchange. Officers, however, 105 Interview with Spc. Noah Miller, OPFOR, Fort Irwin, California, July 28, 2005. “NTC Exercise Operating Procedure—JAN 2006,” p. 56. 107 Interview with Spc. Cesar Valdes, OPFOR, Fort Irwin, California, July 28, 2005. 108 Interview with Sgt. Jason Zimmerman, OPFOR, Fort Irwin, California, July 28, 2005. 109 “Around the Army,” Army Times, January 10, 2005, p. 7 (quoting David R. Segal, director of the Center for Research on Military Organization at the University of Maryland). 110 Interview with Saed Kakei, NTC subject matter expert advisor, Fort Irwin, California, August 23, 2007. 111 After-action review observed by author, Fort Irwin, California, August 23, 2007. 112 NTC, Observer/Controller Handbook, July 31, 2007, pp. 2-17-2-34. 106 26 described cultural training as the “toughest part.”113 Kakei said, “The most critical thing we need soldiers to be aware of is to emphasize elements of culture. It’s not a war of interests. It’s about getting along.”114 Cultural awareness helps soldiers better understand, distinguish, and protect civilians.115 Up to this point, cultural training has been insufficient.116 Soldiers at NTC complained about past training. “The first time [in Iraq] we didn’t understand the culture. We thought the call to prayers was a threat,” said one veteran.117 Another said, “We needed better cultural training. They showed us a[n Arabic] language card, but there were some things wrong in the original.”118 NTC’s changes have improved but not solved the situation. Classes, for example, are limited in length and do not target the enlisted men who do the bulk of the fighting. “We must talk about the importance of cultural training and awareness. With most 18- to 19-year-old men from the middle to lower classes, you have to be sure to make it important to them, to tie it to their personal survival and success. It furthers the mission and force protection,” said BLUFOR battalion commander Lt. Col. Patrick Donohoe.119 Kakei said he would like to see more training in 113 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. 114 Interview with Saed Kakei, NTC subject matter expert advisor, Fort Irwin, California, August 23, 2007. 115 Commanding General Cone said, “Our goal is to make sure there is a fundamental understanding of culture.” Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 25, 2005. See also Megan Scully, M. Scott Mahaskey, and Roberto Schmidt, “Every Soldier a Sensor; Intelligence Increasingly Focuses on Relationships among Individuals,” Intelligence, Surveillance and Reconnaissance, June 1, 2004, p. 29 (“The term ‘social intelligence’—an in-depth knowledge of local culture and customs . . . . is key to sorting out friend from foe on a battlefield without lines or uniforms.”). 116 Officers outside of NTC also highlighted the need for better training in culture. See, e.g., Roxana Tiron, “Army Criticized for Not Learning from Past Wars,” National Defense, September 1, 2004, p. 16 (quoting Maj. Gen. Robert Scales (ret.) and saying “Many of the perceived failures in Iraq are rooted in cultural ignorance, which leads to poor personal connections with the people U.S. troops are trying to help.”); J.R. Wilson, “MOUT Makeover; Urban Combat Training Villages Get Facelift for Modern Battlefield,” Training and Simulation Journal, December 1, 2004, p. 37 (quoting Lt. Col. James Riley, chief of tactics for the Combined Arms and Tactics Directorate, saying “Right now it’s a lesson identified, but the learning part of it is to understand that cultural awareness is key to the future battlefield.”); Cox and Mahaskey, “Tougher Training,” Army Times (reporting that General Wallace of TRADOC said that commanders wanted more pre-deployment knowledge of the region). 117 Interview with soldier #2 (name withheld), Fort Irwin, California, July 25, 2005. 118 Interview with soldier #3 (name withheld), BLUFOR, Fort Irwin, California, July 24, 2005. The need for cultural training was also recognized in Afghanistan. See S. Sgt. Franklin R. Peterson, “Civil Affairs— Respect and Mission Accomplishment–OEF,” available in “21st Century Complete Guide to the U.S. Army Center for Lessons Learned (CALL),” Core Federal Information Series, CD-ROM. 119 Interview with Lt. Col. Patrick Donohoe, battalion commander, BLUFOR, Fort Irwin, California, July 25, 2005. 27 this area.120 Shortcomings in cultural training lead to hostility between soldiers and civilians and endanger the latter as well as the former. Soldiers become more confused and scared and therefore less careful about distinguishing between combatants and noncombatants. To enhance their training on protection of civilians, soldiers should face certain scenarios more often. In particular, because there are few OPFOR and civilian vehicles driving around the box, trainees are given limited opportunities to deal with cars. Only 120 operate in a facility the size of Rhode Island.121 “Perfect scenery would include more people, more vehicles,” Lieutenant Colonel Magness said.122 As one interviewee explained, when a white truck launches a mortar on a BLUFOR base, it is usually easy to track the responsible vehicle because there are few other vehicles on the road, especially at night.123 This fact can make troops less careful about identifying specifically which cars they should attack. Reckless driving alone does not signal an enemy. For example, a unit “killed” the mayor’s son and four other civilians by accident because he was driving a fast blue car. The officer in charge had to apologize to the mayor and try to regain local support from a town that wanted him to leave.124 Certain interactions with vehicles put civilians particularly at risk. “The biggest heartburn in Iraq was checkpoints,” said veteran Captain Nahas in 2005.125 Two years later, Captain Kuzio, another veteran, made a similar observation. “Convoys and TCPs [traffic control points, or checkpoints] are the biggest US causes of civilian casualties.”126 Newspaper reports support Kuzio’s statement that drivers and passengers of cars driving too close to military convoys or patrols are common victims.127 US forces also have a 120 Interview with Saed Kakei, NTC subject matter expert advisor, Fort Irwin, California, August 23, 2007. Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. 122 Interview with Lt. Col. Thomas H. Magness, observer/controller, Operations Group, Fort Irwin, California, July 27, 2005. 123 Interview with Sfc. Scott Brown, OPFOR, Fort Irwin, California, July 28, 2005. 124 Interview with Titan site manager #2 (name withheld), Fort Irwin, California, July 25, 2005. 125 Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 126 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 127 See, e.g., “Car Bomb Kills Three in Iraq,” Deutsche Presse-Agentur, December 19, 2005 (reporting US soldiers killed a truck driver who approached a patrol in Latifiya); Anna Badkhen, “Colonel’s Toughest Duty,” San Francisco Chronicle, October 14, 2005 (reporting the death of civilian woman in a car near other cars that sped by a convoy. The convoy did not stop to help. Lt. Col. Todd Wood said, “These . . . 121 28 documented history of killing civilians at checkpoints. Human Rights Watch recorded 11 such deaths in Iraq in 2003.128 The press reported at least an additional eight deaths in 2004,129 three deaths in 2005,130 and seven deaths in 2006.131 Some cases were particularly public or egregious. For example, in 2005 US forces killed an Italian Intelligence officer, Nicola Calipari,132 and a physician and Knight-Ridder correspondent, Yasser Salihee. In February 2006, they reportedly killed a family of five civilians trying to enter Samara, which was then cordoned off.133 Additional casualties have occurred in Afghanistan.134 A Pentagon report said that lack of training may have contributed to these types of casualties.135 patrols that drive around and shoot people have been a thorn in everybody’s side all year.”); “Security Incidents in Iraq, August 15,” Reuters News, August 15, 2005 (reporting a US convoy killed one and wounded two civilians in a car); “Security Incidents in Iraq, August 2,” Reuters News, August 2, 2005 (reporting a US patrol shot and killed one Iraqi and wounded two in a tank truck that tried to overtake them); Richard C. Paddock, “US Soldiers are Wreckless [sic],” Los Angeles Times, July 26, 2005 (describing multiple attacks on civilians near convoys and at checkpoints); “Iraqi Civilian Is Shot Dead,” Gulf Daily News, July 15, 2005 (describing a civilian shot for driving too close to a US vehicle). 128 Human Rights Watch, Hearts and Minds. 129 Rory McCarthy, “Iraq Crisis: ‘We Can’t Get Him Back, but They Should Pay,’” Guardian (London), December 9, 2004 (reporting efforts at compensation for the death of Najim Abdullah Hamid nine months prior); Jackie Spinner, “Talks to Avoid Fallujah Offensive Break Down,” Washington Post, November 6, 2004 (describing witness accounts of seven family members killed at a checkpoint). 130 Russell Carollo and Larry Kaplow, “Justice at War: Troops Receive Light Sentences for Violent Crimes against Iraqis,” Dayton Daily News, October 2, 2005 (reporting death of a taxi driver at a checkpoint); Paddock, “US Soldiers are Wreckless [sic],” Los Angeles Times (describing multiple attacks on civilians near convoys and at checkpoints); Paddock, “Egyptian Diplomat in Iraq Missing,” Los Angeles Times, July 4, 2005 (reporting on the death of Yasser Salihee, a physician and Knight-Ridder Correspondent,); Jacki Lyden, “Dr. Yasser Salihee, Translator and Friend,” NPR, July 2, 2005, http://www.npr.org/templates/story/story.php?storyId=4726759 (accessed March 16, 2007). 131 “Over Dozen Civilians Killed in a Wave of Violence in Iraq,” Deutsche Presse-Agentur, February 23, 2006 (reporting the death of five family members at a checkpoint near Samara); “U.S. Soldiers Kill Woman in Car,” Agence France-Presse, January 17, 2006 (reporting US soldiers “killed one woman and wounded three in a car which failed to stop at a checkpoint”); “Security Incidents in Iraq, January 7,” Reuters News, January 7, 2006 (reporting US soldiers killed one and wounded one at a checkpoint in Baiji). In 2007, more casualties came from house raids or crossfire. The Los Angeles Times reported that in at least some cases, soldiers may have fired “wildly” after being attacked, but said that it was impossible to confirm witness reports. Tina Susman, “Close and Deadly Contact,” Los Angeles Times, June 12, 2007. 132 “Iraq: U.S. Checkpoints Continue to Kill,” Human Rights Watch news release, May 5, 2005, http://hrw.org/english/docs/2005/05/04/iraq10578.htm (accessed October 29, 2007). 133 “Over Dozen Civilians Killed in a Wave of Violence in Iraq,” Deutsche Presse-Agentur. 134 In 2006 and 2007, the majority of Coalition-caused civilian casualties in Afghanistan came from air strikes, but artillery strikes, special forces operations, and vehicle-related incidents, especially those involving convoys that were attacked by Taliban forces, also reportedly led to casualties. “Another common insurgent tactic is suicide car bombings aimed at military convoys. In response, jittery troops sometimes fire on civilians who are merely driving erratically or who accidentally come between military vehicles. Often there are more such shootings when a contingent of troops has recently arrived in 29 NTC’s increasing emphasis on vehicle-based incidents shows a recognition of these dangers but still falls short. NTC trains soldiers to follow detailed EOF procedures136 and since late spring 2007 has issued checkpoint, or traffic control point (TCP), kits, which include tools to slow down and warn vehicles, such as cones, spike strips, bullhorns, stop signs, and lights.137 Soldiers receive a two-hour course on the equipment before starting field training.138 A typical field rotation, such as that in August 2007, features four permanent checkpoints as well as “snap TCPs,” which are put up on the spot.139 Nevertheless, NTC suffers from a shortage of scenarios and a lack of realism in those that occur. More scenarios are essential given the danger vehicle-related incidents pose civilians. Checkpoints should be set up in towns as well as on open roads so that troops train to operate them in congested environments. A lack of traffic reduces the realism of not only checkpoints but also convoys. “It’s not easy to replicate. Vehicles are used Afghanistan.” Laura King, “Errant Afghan Slayings Surge,” Los Angeles Times, July 6, 2007. On March 4, 2007, a Marine unit killed 19 civilians and wounded 50 while fleeing a suicide attack on its convoy. A US military commander ruled that the Marines’ actions consisted of “excessive force”; Army Col. John Nicholson apologized two months later. See, e.g., Jason Straziuso, “Bloodstains in the Sand after U.S.Afghan Friendly Fire Battle Kills 8 Afghan Police Officers,” Associated Press, June 12, 2007; Pamela Constable, “Afghans Growing Irate over Casualties,” Washington Post, May 12, 2007; “US Military Apologizes for Afghan Civilian Deaths,” Reuters News, May 8, 2007; Griff Witte, “Marines Open Fire after Afghan Ambush,” Washington Post, March 5, 2007. For information on other incidents, see Rahim Faiez, “Karzai Warns NATO: Afghan Life Not Cheap,” Associated Press, June 23, 2007 (discussing civilian deaths from air strikes and artillery fire); Jason Straziuso, “NATO Image Problem,” Associated Press, June 16, 2007 (reporting that a US Humvee gunner fired on a crowd, killing one and injuring two, after a suicide attack); Constable, “Afghans Growing Irate over Casualties,” Washington Post (reporting that US Special Operations units killed six civilians in a raid); Amir Shah, “U.S.-Led Coalition Airstrike that Killed 9 Targeted Militant’s House, Says Afghan Official,” Associated Press, March 6, 2007 (reporting that a NATO-led convoy in Kandahar killed the driver of a car that came too close to a convoy). US forces also killed at least three civilians and injured two in a pickup truck that failed to stop at a checkpoint in Afghanistan in 2004. See “3 Afghans Killed by U.S. Forces; Didn’t Stop at Checkpoint,” Dow Jones International News, August 22, 2004. 135 “Iraq: U.S. Checkpoints Continue to Kill,” Human Rights Watch news release (quoting a May 2 report from the Pentagon). 136 Each checkpoint is supposed to have three lines: 1) the “alert line” at 300 meters with cones and Arabic signs warning drivers to slow down, 2) the “warning line” at 200 meters, which adds serpentine concertina wire so vehicles have to slow down, and 3) the “stop line” at 100 meters with obstacles, such as tire puncture strips, that vehicles would have to penetrate to advance. The soldiers manning the checkpoint must follow about a dozen steps before firing a warning shot. Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 137 Interview with contractor (name withheld), Army Center of Excellence, Fort Irwin, California, August 24, 2007. 138 Ibid. 139 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 30 daily, but there are thousands of trails. It’s not like Baghdad where you’re on the highway next to the exit,” Captain Kuzio said.140 Blocking some of the trails could increase traffic congestion and thus the challenges trainees face. Only one bullet point of an 11-page chapter on convoy operations in NTC’s Observer/Controller Handbook, however, addresses civilians and how to warn them of danger.141 Given that car bombs at checkpoints and on roads are one of the major killers of soldiers and civilians in Iraq142 and vehicle-related incidents have been a major source of US-caused casualties, US troops should be better prepared to anticipate and handle them.143 Increasing realism can in some, but not all, cases cost money. “We have no shortage of ideas. It’s a money problem,” Colonel Salazar said.144 This paper does not attempt to evaluate the budget priorities of the US Department of Defense or NTC. Instead, it seeks to highlight areas where improvement is necessary. Realism is critical to NTC’s success at minimizing civilian casualties, and the center should continue to push its development in these directions. VI. Review of Training Review of training ensures a training center’s lessons, including those on minimizing civilian harm, are taught successfully. After-action reviews should assess not only the military success of a mission but also its effects on civilians in the area. This task 140 Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 141 It says: Prevent civilians and civilian vehicles from entering convoys. Consider placing signs on convoy vehicles in the native dialects to warn civilians and motorists to stay away from the convoy and that failure to do so may result in deadly force to be used against them (depending on the ROE). NTC, Observer/Controller Handbook, July 2007, pg. 3-7 142 See, e.g., John F. Burns, “3 Car Bombs Leave 18 Dead and 46 Hurt in a Shiite Suburb of Baghdad,” New York Times, June 23, 2005; Karl Vick and Khalid Saffar, “Car Bomb Kills 11 Near Green Zone,” Washington Post, December 14, 2004; Human Rights Watch, A Face and a Name: Civilian Victims of Insurgent Groups in Iraq, vol. 17, no. 9(E), October 2005, http://hrw.org/reports/2005/iraq1005/ (accessed October 29, 2007), p. 1. 143 Another scenario soldiers requested more of in 2005 was the detention of suspicious Iraqis. NTC seemed to have increased that training by 2007. This paper does not discuss this issue in depth because it is focused on minimizing harm to civilians in combat. 144 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 24, 2007. • 31 requires monitoring individual soldiers’ activities to pinpoint problems and evaluating training exercises under the IHL rules discussed above. Although it looks closely at specific incidents, NTC has failed systematically to identify and analyze patterns of civilian casualties. NTC currently uses after-action reviews as its main source of feedback on performance in training scenarios. “The AAR [after-action review] remains the CTC’s cornerstone for leadership development through self-evaluation.”145 It offers feedback troops do not get in theater.146 Immediately after each exercise, observer/controllers lead frank discussions, An observer/controller leads an after-action review, or hotwash, after an exercise in which a medical unit faced multiple IEDs. New technology allows BLUFOR soldiers to watch video of their actions immediately after the fact, but NTC needs to enhance its technology and tracking of civilian casualties in order to train troops to minimize humanitarian harm. Photo by Bonnie Docherty, 2007. 145 Mick Bednarek, Thomas P. Odom, and Stephen Florich, “Expanding Jointness at the Joint Readiness Training Center,” Military Review, January 1, 2005, p. 51. 146 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 24, 2007. 32 called “hotwashes,” of soldiers’ actions and their consequences. “We discuss how they respond to local people. How well messages are passed up. How well they are reading the mood in town. How well they see things that are out of place. How well they protect sources’ identities.”147 Officers later receive broader after-action reviews organized by the leaders of the Operations Group. In the reviews, NTC engages soldiers by encouraging them come up with their own solutions.148 At all levels reviews should include issues of interaction that may result in loss of civilian lives. They should also look beyond individual anecdotes to general trends. NTC can significantly improve its review process in two ways. The first involves technology that would gather data on individual soldiers and role players. Soldiers and civilians at NTC currently wear Multiple Integrated Laser Engagement System (MILES) harnesses. These sensors signal whenever a person is hit by a laser gun, indicating that he or she is dead or injured. They do not identify the shooter, however. If many shots are fired, it can be difficult to determine who killed a civilian, which leads to many questions, such as: Did BLUFOR or OPFOR fire the shot? If the former, which individual and why? If the latter, was he or she blending in the crowd dressed like a civilian? Were there ways to identify the OPFOR player as a potential threat to troops and civilians? Without such information, NTC cannot adequately teach lessons in how to distinguish persons on the battlefield and to avoid causing civilian casualties. One of the qualities that enhanced NTC’s Cold War-era training was its ability to track tanks as they moved in the field. Trainees could review their individual movements after the fact to determine how they performed. Similar technology should be used today for both combatants and civilians. “We need continued investment in instrumentation. . . . We need to be able to play back what happened, how, etc. We need to instrument every single person on the battlefield,” observer/controller Lieutenant Colonel Magness said.149 Ideally such technology would also trace hits back to the shooter. NTC should add such supplementary technology, which is available, to its training package. 147 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. At the beginning of one after-action review, an observer/controller told his trainees, “Everyone participates. There will be . . . no thin skin. If you are not part of the solution, you are part of the problem.” After-action review observed by author, Fort Irwin, California, August 23, 2007. 148 Lt. Col. Paul Kreis said, “They talk among themselves and come up with a solution. You’ll solve it if you have ownership. If you are told, it won’t inculcate.” Interview with Lt. Col. Paul Kreis, chief of operations, Operations Group, Fort Irwin, California, August 23, 2007. 149 Interview with Lt. Col. Thomas H. Magness, observer/controller, Operations Group, Fort Irwin, California, July 27, 2005. 33 NTC, which is “welcoming of technology,”150 has experimented with three means of tracking soldiers. Its most successful use of technology is a program that gives observer/controllers video cameras to capture training scenarios. The footage is used in powerpoint presentations in after-action reviews, even during hotwashes in the field.151 NTC has also set up $3.3 million of camera equipment around one village to observe troop movement. “Soldiers love the direct feedback,” Commanding General Cone said.152 His replacement, Commanding General Pittard, said he wants to “replicate London,” which is famous for its public surveillance system.153 This program, which was implemented by 2005 and has changed little since then, should be expanded to other villages. Finally, NTC introduced I-HITS, a sensor attached to individuals on the battlefield, in one village. In 2005, Cone said NTC was comparing contracts and needed $3 million to implement the whole package.154 By August 2007, the center seemed to be backing off this technology and relying more on cameras for expense reasons.155 Whatever the form, the training center needs more such technology as a first step toward preventing civilian casualties. Second, NTC should keep and analyze records of civilians killed or injured during its rotations to identify patterns that cause casualties. The US military has a poor track record of conducting such humanitarian-based battle damage assessments in real combat.156 The US Air Force, for example, conducts “collateral damage estimates” before an air attack but does not look at civilian casualties and evaluate the accuracy of 150 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 151 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 152 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 153 Interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 23, 2007. 154 Interview with Brig. Gen. Robert W. Cone, NTC commanding general, Fort Irwin, California, July 26, 2005. 155 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 156 The battle damage assessments the author conducted for Human Rights Watch for several past conflicts, including the ground war in Iraq, exemplify this methodology. It involves not only looking at whether a military operation is successful, but also what its impact on the local population is. Human Rights Watch’s methodology includes interviewing victims, witnesses, doctors, and belligerents; gathering hospital records; and doing ballistics analysis. It then analyzes this information to determine why civilians are killed or injured. Counting casualties is not sufficient; it is more important to identify their causes and effects. 34 its estimates post-conflict.157 As a result of this “broken” system, during major hostilities in Iraq, the US Air Force continued to use a flawed leadership targeting methodology, killing zero of 50 targeted leaders but hundreds of civilians.158 Although the US military released a report on the number of Iraqi civilians killed or injured by insurgents, it publicly said it did not track US-caused casualties in Iraq.159 Until this fall, Army trainers did not record or analyze civilian casualties at NTC. “Tracking specific numbers [of civilian casualties] is not part of the objective,” said Major Clearwater in 2006. “Each event is looked at as a stand-alone in the training process.”160 The technology to do such an analysis is cheap and available. A military computer program called a Crystal Report records data from events, linking cause and effect. Presented with a proposal to use the report to document civilian casualties, Lieutenant Colonel Harris thought it would be feasible. He suggested recording three types of incidents: 1) civilian casualties from pre-planned US/Coalition operations, 2) civilian casualties caused by US or Coalition forces but in response to an insurgent attack, and 3) civilian casualties resulting from innocent Iraqis inadvertently coming into contact with an ongoing military operation.161 While Colonel Salazar remained skeptical of the benefits of such tracking, Commanding General Pittard voiced his support for this easyto-implement recommendation from the author and pledged, in August 2007, to implement it in the next rotation.162 The Operations Group reportedly did so using software that allowed it to display information by types of incidents, locations, and units involved; it has “not made a transition to using Crystal” yet.163 In the training environment like in reality, information about the numbers and circumstances of casualties will be invaluable to minimizing civilian casualties in future armed conflicts. 157 Human Rights Watch, Off Target, pp. 18-20, 26-27. Ibid., p. 27. 159 See, e.g., Sabrina Tavernise, “U.S. Quietly Issues Estimate of Iraqi Civilian Casualties,” New York Times, October 30, 2005, p. 10; Department of Defense Briefing, “Coalition Provisional Authority Update Briefing to Include Background Briefing on Iraqi Compensation,” (quoted in Human Rights Watch, Hearts and Minds, p. 10). 160 Telephone interview with Maj. John Clearwater, NTC public affairs officer, Washington, DC, July 31, 2006. 161 Email communication from Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, to Bonnie Docherty, September 1, 2007. 162 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 24, 2007; interview with Brig. Gen. Dana Pittard, NTC commanding general, Fort Irwin, California, August 24, 2007. 163 Email communication from Lt. Col. Paul Kreis, chief of operations, Operations Group, to Bonnie Docherty, October 29, 2007. 158 35 While, as noted above, NTC needs more additional types of scenarios, its current operations provide cases of civilian casualties to analyze. The press has recorded multiple training incidents at NTC in addition to the ones mentioned in this paper. Troops blew up a busload of voters,164 injured eight civilians in a raid on a town, and at a checkpoint, shot at a Ford Bronco carrying CNN reporters, who were shot again when they stepped out of the car.165 A lieutenant colonel called in an air strike when insurgents attacked his unit from a building; the attack killed more than 20 civilians.166 A solitary soldier surrounded by villagers panicked and killed several of them.167 NTC treats such incidents seriously. The lieutenant colonel became “one of the savviest graduates of the course,” and the solitary soldier was dismissed from the Army after a psychological evaluation.168 “If the soldier demonstrates disregard for the Iraqi population, we initiate an investigation as if we were in the field,” Colonel Salazar said.169 The individual afteraction reviews of these cases are useful, but NTC must also continue its recently initiated record keeping and analyze it for patterns in civilian casualties as a whole. VII. Conclusion While NTC should intensify and expand its efforts to make avoidance of civilian harm a priority of military training, other facilities and countries should heed the lessons its example provides.170 Militaries of every nation should have ROE that meet IHL standards and should ingrain them in their troops. To the extent feasible, they should 164 Walt Torbert, “Look at War Opens Eyes of Aspiring Journalists,” editorial, Atlanta Journal-Constitution, September 28, 2004. 165 Dave Hirschman and Moni Basu, “Dress Rehearsal for Combat: Georgia Unit’s Desert Training Is Last Stop on Way to Iraq,” Atlanta Journal-Constitution, April 16, 2005. 166 Filkins and Burns, “Deep in a U.S. Desert,” New York Times. 167 Ibid. 168 Ibid. 169 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. NTC also requires investigations of incidents that fall short of causing serious injury or death. For example, a soldier fired a shot in the air at a demonstration, an Iraq veteran shoved the butt of a rifle in a woman’s chest and swore, and BLUFOR troops failed to stop the Iraqi police from beating a detainee. Someone role playing a British journalist caught the latter on film, and it was shown to troops. Interview with Lt. Col. Ron Metternich, Operations Group, Fort Irwin, California, August 23, 2007; interview with Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, Fort Irwin, California, August 24, 2007. 170 Foreign militaries often observe training at NTC. During the August 2007 rotation, representatives from the Japanese and Argentinean militaries visited. Interview with Capt. Chris Kuzio, observer/controller, Operations Group, Fort Irwin, California, August 23, 2007. 36 develop training facilities that replicate the type of combat troops will face. As soldiers learn to apply ROE in such realistic environments, trainers should review their actions with an eye to civilian casualties as well as military success. These interrelated principles of military training, when fully implemented, can help troops reduce civilian casualties in military operations. 37 Appendix: The Operation of NTC in Detail NTC training involves four major players. BLUFOR, short for “Blue Force,” is a regular Army or National Guard unit that is rotating through training at NTC. It comes in brigades that are often heading to Iraq or Afghanistan. After a week at base, troops train in the field 24 hours a day, seven days a week, getting little sleep and having to fight in temperatures up to 120˚F. If they suffer “casualties,” at least one unit required officers to write letters home to victims’ families.171 In addition to facing a military opponent, BLUFOR must learn to operate in the presence of civilians. OPFOR, the opposing force, is a permanent presence at NTC. Today it is trained to play insurgents and sometimes civilians. The 11th Armored Cavalry Regiment (11th ACR) has historically filled this role at NTC, but it deployed to Iraq in 2005 and a National Guard unit from Nevada, the 1-221 Cavalry, replaced it. The 11th ACR has since returned. According to Army Regulation 350-2, The OPFOR Program is intended to be a “sparring partner” for commanders. Use of OPFOR in training events is intended to provide realistic field training through operations against a noncooperative, uncompromising opponent that uses tactics, doctrine, and equipment representative of a composite of forces that could be encountered in current or future combat operations. . . . [S]cenarios used in Army training events will be structured for maximum free play, including an opportunity [for OPFOR] to “win” the fight.172 In the current environment, the enemy is one that has little respect for IHL and regularly endangers civilians in the course of battle. The Operations Group (Ops Group) consists of two parts. The scenario writers design the situations combatants on both sides face during their field exercises. “We are the condition setters to allow it [the unit] to reach its training objective. . . . Our job is to 171 These letters are sent to the home of one of the commanding officers. He reads and reviews them after their training is over. Interview with Capt. Matty Nahas, company commander, BLUFOR, Fort Irwin, California, July 24, 2005. 172 Department of the Army, “Opposing Force (OPFOR) Program,” Army Regulation 350-2, April 9, 2004, p. 1. 38 create challenging scenarios, to make it as challenging as possible. It should be the worst 14 days of their life except for getting shot at in Iraq,” Major Olszowy said.173 The writers modify the scenarios during the rotation to account for units’ actions and to train on areas that need more work. The Operations Group’s observer/controllers are both referees and reviewers. They walk the battlefield during the scenarios to make sure the conflict does not get out of hand (for example, soldiers are not allowed to push civilians or start fistfights): “When things get real emotional, we referee,” said observer/controller Major Kramer.174 They then conduct after-action reviews with the unit and its officers to explain to them what they did right and wrong. Both parts of the Operations Group are key to teaching soldiers to minimize civilian casualties. The scenario writers can place troops in contact with civilians, and the observer/controllers can judge how they handle the interaction. The last major player, who is particularly important for this paper, is the Civilian on the Battlefield. NTC has recognized the limits of relying entirely on soldiers for its training. Previously, OPFOR soldiers in crew cuts and baseball hats represented Civilians on the Battlefield, but since summer 2004 NTC has hired Arab-American contractors (“linguists”) through Titan to play that role.175 More accurately dressed OPFOR troops supplement their ranks. Major Kramer described the linguists as the “best part of the training.”176 This change has brought Arabic speakers and more women to the field. There are 250 linguists across the mock settings in use.177 They are required to wear culturally appropriate clothing and to pretend not to speak any English so that BLUFOR troops can only communicate with them through a translator. “Soldiers are naïve. They need to hear the sound of the language. . . . We need to help soldiers to be familiar with [Arab] faces. We teach them [Arabic] words,” said one Iraqi role player.178 “There are important cultural differences and we lay barriers they have to deal with,” a Titan site manager said.179 Civilians are given identification cards and a sheet that tells them what 173 Interview with Maj. Tom Olszowy, Operations Group, Fort Irwin, California, July 28, 2005. Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. 175 Titan also has contracts with Fort Hood and Fort Riley. Interview with Titan Site Manager #1 (name withheld), Fort Irwin, California, July 24, 2005. 176 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. 177 Interview with Saed Kakei, NTC subject matter expert advisor, Fort Irwin, California, August 23, 2007. 178 Interview with Arab-American woman #2 (name withheld), Civilian on the Battlefield, Fort Irwin, California, July 28, 2005. 179 Interview with Titan Site Manager #1 (name withheld), Fort Irwin, California, July 24, 2005. 174 39 role they are to play. While some act as ordinary citizens, others represent a mayor, imam, or police officer. Whatever their role, they are living in a combat zone and face risks from both BLUFOR and OPFOR. These four groups interact in scenarios set up by the Operations Group. Some trainings, like the ones observed in February 2004 and August 2007, are “lanes,” which involve repeating an exercise until it is done correctly. Others, like the ones observed in July 2005, are free-flowing. Lieutenant Colonel Harris described the progression as “crawl” (BLUFOR’s arrival at NTC), “walk” (lane training), and “run” (free-flow training, also called full spectrum operations).180 The latter scenarios run all day every day and require soldiers to live with their mistakes. “If they make mistakes, we hold it against them,” an OPFOR commander said.181 In a cordon and search, a unit seals off a town and looks for insurgents, weapons caches, and equipment to make IEDs. Protests consist of crowds chanting anti-US slogans in English and Arabic; the linguists are often aggressive and try to provoke the soldiers into abusing them. IEDs and suicide bombers also threaten the soldiers; the latter challenge them to distinguish between combatants and civilians. In these counterinsurgency training scenarios, OPFOR and the Civilians on the Battlefield test soldiers’ capacity to deal appropriately with foreign populations whose sympathies may be unclear or volatile. BLUFOR officers must negotiate with local leaders to increase security and ensure human services. NTC labels villages black (hostile), white (friendly), or gray (neutral), and civilians will change their character in response to the soldiers’ actions.182 For example, if a unit kills an imam in a white town it will quickly turn black, or if a unit provides adequate security and human services, a gray town may become white. “We have to work the consequence management piece. We keep pulling at the thread,” said Colonel Salazar.183 The civilians even change the Arabic graffiti to reflect the mood in the town and its status as a black, white, or gray 180 Interview with Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, Fort Irwin, California, August 24, 2007. 181 Interview with OPFOR company commander (name withheld), Fort Irwin, California, July 25, 2005. 182 Interview with Maj. Cameron Kramer, observer/controller, Operations Group, Fort Irwin, California, July 24, 2005. 183 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 40 village. The changes hone troops’ observation skills and their ability to work with a translator.184 An OPFOR role player described how they frustrated soldiers by pretending not to speak English or understand hand signals. They treated a hand held up to indicate stop, for example, as a “high-five.”185 “We try to get them to lose control. We try to push them to their limits, to see what their breaking point is,” said Staff Sergeant Wilson, who was playing an Iraqi café owner.186 If BLUFOR offended or abused the townspeople, he switched from civilian to insurgent. While the initial reactions to provocation can be too strong, by the end of the second week in the field, the troops tend to improve.187 “We see if we can make them make huge mistakes here,” Sergeant First Class Brown said. “We punch buttons really well. We have an unfair advantage because we’re soldiers and we know how to make them mad.”188 Such training is an important way to teach restraint, which can help minimize civilian casualties. While the heart of NTC’s training occurs in the field, soldiers also learn lessons on base the week before. As discussed earlier, soldiers train on house raids and checkpoint procedures. In December 2005, NTC became a Department of Defense IED Center of Excellence, which means it will be the leader in testing new tactics and technology. “Our goal is before soldiers go to Iraq to have them have the latest experience with new equipment,” said Major Clearwater.189 IEDs have been a major source of US casualties in Iraq and also cause many civilian deaths. A unit receives a week of training in how to use counter-IED equipment from 17 instructors before its rotation. Once in the field it 184 Interview with Maj. Cameron Kramer, Fort Irwin, California, July 24, 2005. The value of having a translator to read graffiti was illustrated outside Fallujah in 2004. A US Marine officer entered an apartment complex where an Iraqi national guard lieutenant pretended to be friendly. The Marine translator, an Iraqi-American, noticed, however, that the Iraqis had moved the patients from the hospital but had forgotten to take down a banner welcoming home the “brave heroes of Fallujah,” referring to insurgents. Bing West, No True Glory: A Frontline Account of the Battle for Fallujah (New York: Bantam Books, 2005), pp. 169-70. 185 Interview with Sfc. Scott Brown, OPFOR, Fort Irwin, California, July 28, 2005. 186 Interview with S. Sgt. Timothy Wilson, OPFOR, Fort Irwin, California, July 24, 2005. 187 Ibid. 188 Interview with Sfc. Scott Brown, OPFOR, Fort Irwin, California, July 28, 2005. 189 Telephone interview with Maj. John Clearwater, NTC public affairs officer, Washington, D.C., July 31, 2006. See also Sara Wood, “IED Center, Task Force to Bridge Gap between Training Centers, Theater,” American Forces Press Service, December, 7, 2005, http://www.defenselink.mil/news/newsarticle.aspx?id=18609 (accessed October 29, 2007). 41 faces 10 IEDs a day and 40 vehicle-borne IEDs (VBIEDs) over two weeks.190 The task force in charge of the project numbers 300 people, and the Department of Defense has authorized it to spend $25 million per contract.191 This program, which can benefit civilians as well as combatants, will enhance the realism of the types of scenarios US soldiers face. While NTC has much room for improvement in the areas of rules of engagement, realism of environment, and review of training, protection of civilians plays a role throughout BLUFOR’s training. Colonel Salazar compares the relationship to the local people to a “love bank” in which one must make more deposits than withdrawals. For example, torturing detainees at Abu Ghraib represents a withdrawal while successfully negotiating to provide security and humanitarian assistance to a village is a deposit. “[The soldiers] understand the concept and how it affects their buddies,” Salazar said.192 Part of this concern for civilians is operational. “Minimizing civilian casualties is fundamental to everything we do. It is part of the upside down triangle [which defeats insurgents by destroying weapons caches, targeting bomb makers, and separating insurgents from the populace],” said Lt. Col. Paul Kreis of the Operations Group.193 After-action reviews spread a similar message. An observer-controller said at one, “You can win hearts and minds or create new insurgents. As ambassadors of the United States, you don’t want to make us look bad. We want them to trust us because we’re there to help.”194 Protecting civilians is thus a place where military and humanitarian interests overlap. Respect for Iraqis and US soldiers as human beings also plays a role. Lieutenant Colonel Harris, who served in Iraq, wrote, “My Squadron put much thought into preventing needless and unnecessary injury or death to our fellow Iraqis, nor did we want to damage their personal property . . . because their well-being, quality of life and opportunity to 190 Interview with Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, Fort Irwin, California, August 24, 2007. 191 Wood, “IED Center, Task Force to Bridge Gap between Training Centers, Theater,” American Forces Press Service. 192 Interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. For a more detailed description of the upside down triangle, see interview with Col. Steven Salazar, commander, Operations Group, Fort Irwin, California, August 23, 2007. 193 Interview with Lt. Col. Paul Kreis, chief of operations, Operations Group, Fort Irwin, California, August 23, 2007. 194 After-action review observed by author, Fort Irwin, California, August 23, 2007. 42 pursue happiness and security is no different than [that of] any other human.”195 He continued by expressing concern for the effects of combat on his troops. “Equally important, needlessly wounding or killing another is something that likely remains in the mind of the Soldier who caused the injury.”196 Harris focused on treating both civilians and soldiers as people, not just players on the battlefield. By teaching this value as well as giving soldiers tools of the trade, NTC can best train troops to minimize civilian casualties in armed conflict. 195 Email communication from Lt. Col. Michael Harris, officer in charge, Army Center of Excellence, to Bonnie Docherty, September 1, 2007 (typos corrected). 196 Ibid. 43
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