The US investigation’s considerations
Although military and civilian specialists took part in the US investigation, Gen. Bontrager made it clear that “none of us were involved in the strike or the decisions leading up to the strike.” This would surely have placed some serious limitations on the ability of the investigating panel to assess the details of the attack on the Omar Ibn Al-Khattab Mosque, even after reviewing all accessible materials, including videos and operational and intelligence reports.
A review of sources “second-hand”, without real-time understanding of how legal or operational assessments were made is unlikely to be able to provide an accurate account of how and why events unfolded. Videos and reports do not provide the deeper context of what happened. A closer investigation of communications between the Strike Cell and Targeting Engagement Authority officers is needed to see what was said in real time by way of a transcript analysis. The ethnomethodology of the pilot-commander-legal adviser discussions and what they perceived in the run up to and during the attack needs to be published for the sake of transparency, along with video evidence that may assist in the triangulation of information. This has to be in the public interest and will enable people to understand why the US military attacked a mosque and mistook a religious gathering for a meeting of Al-Qaeda militants based on just three days of intelligence gathering.
Four operational errors
Gen. Bontrager confirmed four operational errors during the attack on the Omar Ibn Al-Khattab Mosque. For a start, there was an incomplete information flow to the Targeting Engagement Authority, then officers changed shifts without an adequate hand-over of information. There was also a failure by the US military to register religious sites on a category 1 “no strike” list. Finally, those officers who suspected that this was a religious compound did not flag them up to the Targeting Engagement Authority.
Although these four issues were admitted during the media briefing about the investigation, Bontrager still asserted that “this is not a place where we found any negligence on any individual or group of individuals.”
War crimes law
According to the US position, there was only one “small-in-stature” civilian killed in the attack, which was deemed to be a proportional and legal strike. Even after the Targeting Engagement Authority knew about the civilian in question being present at the intended target site, the go-ahead was given for the air strike to take place.
The fact that the religious buildings were not mapped on the ground is a matter of serious concern. This suggests negligence on the part of the US officers within the Special Operations Task Force.
An attack on a religious building is a clear violation of the laws of war and can equate to a war crime. The US targeted civilians in Al-Jinah and used indiscriminate and disproportionate force.
According to the laws of war, a party to the conflict can only target a civilian if the person in question is directly participating in hostilities. Under the US definition of “combatants”, all “military aged males” killed in the locality of a conflict zone, whether by drone strike or air strike, are regarded as fair targets. This policy has been put into practice in countries such as Pakistan, Somalia and Yemen, which have witnessed a significant number of civilian casualties from US attacks on “militants”.
What we know from the internal investigation into the Omar Ibn Al-Khattab Mosque tells us a lot about America’s “targeted killing” policy. Last year, the US published its own civilian casualty figures for Pakistan, Somalia and Yemen. The numbers are a fraction of those collated by independent monitoring of US air and drone strikes.
The US Defence Department needs to take the knock-on effect of air strikes like that in Al-Jinah very seriously, as they have the ability to escalate conflict dynamics. A reasonable assessment of the bombing of the Omar Ibn Al-Khattab Mosque must conclude that it targeted a gathering of Jamaat Tabligh, a non-political missionary group. Indiscriminate attacks on such gatherings are likely to engender even more hatred of the US and its policies which, in their extreme nature, will only produce more extremism amongst those who oppose America’s military interventions around the world. Violence begets violence; it is a vicious, and very deadly, cycle.