As global conflicts escalate and civilian casualties rise at alarming rates, ensuring the centrality of international humanitarian law (IHL) to military operations is critical. Yet IHL is facing unprecedented threats – not only from deliberate attacks on civilians but also from its misuse to justify civilian harm under the guise of proportionality.
In their latest analysis, Dr Elizabeth Stubbins Bates and Ceasefire Advocacy Officer Mae Thompson argue that military investigations are an essential but often misunderstood tool for upholding IHL, mitigating civilian harm, and ensuring accountability.
In the case of the UK, weak initial investigations, poor record keeping, and lack of transparency have left justice out of reach for many of the victims of military operations, particularly in Iraq and Afghanistan.
Comprehensive investigations are vital for protecting civilians and safeguarding their rights. They help track patterns of conduct against key legal principles such as proportionality and the duty to take precautions, and prevent future violations.
Ceasefire continues to call for a shift in the UK’s approach to one that includes comprehensive civilian casualty tracking in addition to civilian casualty recording and ensures holistic investigations of civilian harm, including its cumulative and reverberating effects.
As the UK prepares to ramp up its defence spending and considers troop deployments as part of a security guarantee in Ukraine, it should take lessons from recent civilian protection reforms in the Netherlands and the US (now being rolled back by the Trump administration).
Failing to harness military investigations as a tool for civilian protection risks reinforcing current patterns of denial and repeating past failures.
Learn more and find our recommendations for reform in our report: Strengthening UK military investigations into civilian harm: Towards, compliance, mitigation and accountability.
Video: Why comprehensive military investigations matter for civilian protection.
