(Beirut) The civilian death toll from a series of apparentIraqiSecurity Force orUnited States-led coalition attacks between February and April 2017 suggests that the forces took inadequate precautions to avoid civilian casualties and that further investigation is needed, Human Rights Watch said today. Human Rights Watch documented seven attacks that resulted in at least 44 civilian deaths in five populated neighborhoods of west Mosul controlled by the Islamic State (also known as ISIS).
Human Rights Watch analysis of satellite imagery of western Mosul identified over 380 distinct impact sites in the Tanak neighborhood, where three of the seven attacks occurred, consistent with the detonation of large, air-dropped munitions between March 8 and April 26, when Iraqi forces declared they had regained control of the area. Munitions of this size can pose an excessive risk to civilians when used in populated areas, given their large blast and fragmentation radius. All warring parties should cease using explosive weapons with wide area effects in densely populated west Mosul.
Human Rights Watch identified over 380 distinct impact sites in Tanak neighborhood in Mosul.
Residents and displaced people have sheltered for months in crowded houses, with ISIS sometimes using them as human shields, so any strikes including the choice of weapons should take these conditions into account, saidPriyanka Motaparthy, senior emergencies researcher at Human Rights Watch. As Iraqi and coalition forces press forward with the west Mosul offensive, they should make sure that civilian casualties are kept to a minimum.
AUS airstrike in Mosul on March 17that killed up to 200 people,previously documented by Human Rights Watch, used a 500-pound bomb to target two ISIS fighters on a roof,according to a military investigation of the incident.
Anti-ISIS forces should take all feasible precautions in the choice of means and methods of warfare to minimize incidental loss of civilian life, injury to civilians, and damage to civilian objects, including in their choice of weaponry in heavily populated areas, Human Rights Watch said.
Human Rights Watch also documented six incidents in which ISIS fighters shot at and killed or wounded civilians fleeing ISIS-held areas or in which the people fleeing detonated improvised landmines laid by ISIS.
Smoke rising from west Mosul where Iraqi Security Forces are fighting Islamic State fighters to retake the city.
In mid-February, Iraqi Security Forces (ISF) supported by the US-led coalition, known as the Combined Joint Task Force Operation Inherent Resolve (CJTF-OIR), began the offensive to retake west Mosul, a densely populated set of urban neighborhoodsstill home to around 200,000 civilians.At least 614,524 people have fledthe area since February 19, 2017, according to Iraqi authorities, but thousands more remain trapped under deadly conditions, risking ISIS sniper fire and improvised landmines when they attempt to flee.
Human Rights Watch could not independently confirm whether the seven Iraqi forces or coalition attacks it documented were air or ground-launched, or identify the munitions. The locations were under ISIS control. ISIS fighters were present in or next to the homes destroyed right before or at the same time in three of the attacks, within 50 meters in two incidents, and were not in close proximity in two others, survivors and witnesses said.
At least two incidents with no clear military target in the vicinity that killed at least 13 civilians may have been unlawful. The remaining attacks may have caused disproportionate civilian harm in comparison to the military advantage gained, in violation of international humanitarian law.
Civilians living in each of the homes hit by the seven attacks said they had tried to leave the neighborhood, sometimes repeatedly, as fighting grew close to the area, but that ISIS fighters threatened to kill them or attacked them when they tried to leave.
All parties to the conflict are prohibited under the laws of war from conducting deliberate, indiscriminate, or disproportionate attacks against civilians or civilian objects. Indiscriminate attacks strike military objectives and civilians or civilian objects without distinction.An attack is disproportionate if it may be expected to cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack.
Human Rights Watch contacted CJTF-OIR regarding the seven attacks. The coalition confirmed its forces most likely carried out one of the attacks, on the Mosul Railway Station neighborhood, killing 10 civilians, but did not respond definitively on the remaining incidents.
Human Rights Watch haspreviously raised concernsabout individual coalition members targeting procedures. As a result of procedural changes made in December 2016, media reported the US, which leads the coalition, removed the requirement that the strike cell in Baghdad approve certain strikes. The rule change means that the US is now carrying out some strikes without the benefit of the strike cells information and targeting recommendations. The US should reinstate these procedures, or equivalent ones.
Human Rights Watch also remains concerned that the coalition reporting mechanism has failed to adequately reflect the extent of civilian casualties caused by members. On June 2, 2017,CJTF-OIR published its monthly civilian casualty report. The report found that, To date, based on information available, CJTF-OIR assesses that, it is more likely than not, at least 484 civilians have been unintentionally killed by coalition strikes since the start of Operation Inherent Resolve. During the same period, Airwars, a United Kingdom-based nongovernmental organization that monitors airstrikes,estimated that the minimum number of civilian casualtiesfrom US-led coalition strikes was over 3,800, approximately eight times the number reported by the coalition. US military officials havesaidthat non-US coalition members are responsible for at least 80 of the 484 fatalities, but none of the coalition members have publicly admitted responsibility.
In addition to coalition reporting, each member country has an individual responsibility under international law to conduct thorough, prompt, and impartial investigations of alleged serious violations of international humanitarian law for strikes in which it has been involved. Coalition membersvary in their documentation and investigation of civilian casualties.
Although thecoalition now jointly conducts preliminary assessmentsof alleged civilian casualties, coalition members should not rely on other coalition members, or broader coalition reporting, to collect information or to assess whether a strike they have conducted complies with the law.
The coalition, member countries operating in the area, and Iraqi authorities should investigate their role in attacks reported to cause serious violations of international humanitarian law, including by interviewing survivors, and not just rely on self-reporting and/or battle damage assessments, Human Rights Watch said. Should there be evidence of war crimes including serious violations of the laws of war committed with criminal intent any perpetrator of the crime should be prosecuted, including any commander responsible under the principle of command responsibility.
The apparent lack of compensation to victims of coalition operations also remains a critical concern. A coalition spokesperson told Human Rights Watch that the coalition has only received two compensation requests, and has made two condolence payments since the beginning of Operation Inherent Resolve. Members of the coalition involved in military operations should take appropriate steps to verify civilian casualties, identify the victims, and deliver appropriate compensation in the case of violations of international law. Human Rights Watch also recommends appropriate condolence orex gratiapayments those made without legal obligation for civilian harm.
Individual countries shouldnt hide behind the coalition and wash their hands of responsibility, Motaparthy said. Coalition members should take responsibility for the strikes they carry out by investigating those that may have been serious violations, particularly given how inadequate coalition investigations have been.
The Satellite Imagery Human Rights Watch analyzed satellite imagery of the Tanak neighborhood, where three of the attacks documented took place, and identified over 380 distinct impact sites consistent with the detonation of large, air-dropped munitions between March 8 and April 26, 2017. A review of damaged locations showed that a majority of these airstrikes most likely targeted mixed residential and commercial buildings, with a substantial minority targeting main streets and intersections. Human Rights Watch has no information as to whether there were any military targets in or near the sites.
Before and after satellite imagery of Tanak neighborhood, Mosul April 10 and 26, 2017. Satellite imagery DigitalGlobe 2017
Although this apparently accurate targeting pattern of the street network is consistent with the use of guided munitions, Human Rights Watch found that the majority of impact craters in Tanak measured 10 or more meters in diameter, consistent with the use of conventional air-dropped bombs weighing between 500 and 1,000 pounds.
The use of explosive weapons with wide-area effects such as air-dropped bombs of this size on probable military targets in densely populated civilian areas of western Mosul may be resulting in civilian casualties and damage to civilian objects that is excessive considering the anticipated military objectives of the strikes. Such disproportionate military attacks are prohibited under international humanitarian law. In all cases, commanders and targeting officers should select weapons and specific munitions to minimize civilian casualties to the maximum extent possible.
Attacks that Resulted in Civilian Casualties, West Mosul
Neighborhood
Date and Time
Object Struck
Minimum Number of Civilians Killed
ISIS Presence
Risalah neighborhood
February 22, 8:30 a.m.
Home of Gargis Younes
2
Vehicle parked behind the house.
Mosul Railway Station area
Between March 3-6, 5:50 p.m.
Home
10
None in home.
Tanak neighborhood
Early April
Home, road
3
Three ISIS fighters firing at ISF, about 200 meters from strike that killed 3.
Sakkak neighborhood, Old City
April 10, 1 p.m.
Home
13
None in home. One fighter stationed on roof next door.
Thawra neighborhood
April 22
Home
Unknown
Seven fighters passed through the house minutes before the attack.
Tanak neighborhood
Between April 20-24
Home of Aissa Hannoush
13
ISIS fighting position in front of house. Four fighters passed through the house minutes before attack.
Tanak neighborhood
April 22 to 27
Two homes
3
Five ISIS fighters 30 meters from one home, firing toward ISF position.
Civilians living in each of the homes hit by the seven attacks said they had tried to leave the neighborhood, sometimes repeatedly, as fighting grew close, but that ISIS fighters threatened to kill them or attacked them when they tried to leave.
Risalah Neighborhood, February 22, 2017
On February 22, at approximately 8:30 a.m., an explosive weapon hit the home of Gargis Younes, about 50 meters southeast of the Medina al-Munawwara mosque, killing two of his young children and wounding two others. The neighborhood housed a significant civilian population that continued to move within the area. Youness sister, Najla Abdullah, said he was with her at her house, about 100 meters from his home, at the time.
Abdullah said she heard a plane overhead and shortly thereafter, a boy from the neighborhood came to her home and told them that Youness house had been hit. Alaa, Youness 10-year-old daughter, died immediately, while his 4-year-old son died later from his injuries. Thanoon, his 8-year-old son, and Rahma, his 6-year-old daughter, were injured but survived, and his wife was unharmed. Abdullah said:
My brother went to see his house. I stayed behind. First, they [people from the area] brought Alaa, his daughter, then the smallest child who died later, Younes. They [the wounded children] stayed with us until 4 p.m. We couldnt go out, even to take them to the hospital.
The neighborhood was under ISIS control at the time of the attack, Abdullah said. Fighters were present throughout the area and had parked one of their cars behind Youness house, but Abdullah did not hear them firing weapons the morning of the attack, she said. Her brother noticed the car on the way to her house that morning, 30 minutes before the strike, she said.
The neighborhood continued to house a significant civilian population. Abdullahs family, and her brothers, had been living in the area continuously, reflecting that the force that carried out the attack should have been able to observe the civilian presence in the area through surveillance. The attack occurred during the ISF operation to regain control of the area, Abdullah said. Due to heavy fighting that day, the family could not take the injured children to the hospital until that evening.
A local media source reported heavy airstrikes in seven west Mosul neighborhoods, including Risalah, days before on February 20,stating that the airstrikes kill[ed] over two dozen ISIS militants, and destroy[ed] three VBIEDs, three mortar positions and four rocket positions.
Human Rights Watch requested information from CJTF-OIR on whether the coalition had conducted airstrikes in the area, and received the following response: We could not find a previous allegation or a coalition strike that correlates to this date and location. However, we will take this information and conduct a more thorough assessment on this allegation.
Human Rights Watch was not able to determine whether ISIS fighters had been killed in this attack, or their firing position destroyed, as Abdullah did not visit the strike site after the attack.
Mosul Railway Station Area, March 3, 2017 At around 5:50 p.m. on March 3, three attacks killed at least 10 civilians including at least three children, in three homes near the Mosul Railway Station. The attacks appear to have been coalition airstrikes, based on the coalitions public reporting.
Amr Sultan, 27, said that ISIS fighters were present throughout the neighborhood the day of the attack and that multiple car bombs had gone off in the area during the preceding weeks. He said he and eight members of his family had taken shelter in an abandoned one-story house several months earlier, after fleeing fighting in their area. Several other families had sought shelter in other houses in the same row. He said no ISIS fighters were in the house he was living in when it was hit and that Iraqi forces were stationed 700-800 meters away.
Sultan said he heard the sound of multiple aircrafts that day. He believed the house was hit by an airstrike because he heard planes flying low overhead, and because of the extent of the damage. The 250-square-meter house was completely destroyed, he said. The attack was one of three strikes on the row of homes.
When we were eating dinner, the plane struck. Next door was struck first, then us, then our neighbors on the other side. There was just a second between the strikes.
Of the nine people in the house, he said, five died: Aisha, his mother, 50; Abeer, his sister, 23; Hadeel, his sister, 17; Farah, his daughter, 4; and Ayham, his son, 3. Amr was severely burned on his head and ear, and his wife and two brothers were also injured, he said:
We spent one hour waiting for help. Some of the people my sister, the children died from suffocation [under the rubble]. We buried the bodies the next day.
Five civilians in the house next door died as well, he said. Amr helped bury the bodies. He did not know if any ISIS fighters had been killed. He and his family members had tried to escape the area a week earlier, as the fighting grew closer, but ISIS fighters told them they were not allowed to leave, he said.
Based on an inquiry Human Rights Watch sent to the US-led coalition, a CJTF-OIR spokesperson stated, it appears this allegation correlates to a credible report of civilian casualties near a train station released in the last CJTF-OIR Monthly Civilian Casualty Report. The report states that on March 3, 2017, near Mosul, Iraq, via self-report: During a strike on an ISIS headquarters, it was assessed that 10 civilians were unintentionally killed.
Al Jazeera, citing unnamed security sources,reported that coalition airstrikes in the same neighborhoodkilled 28 people, including eight ISIS fighters, on the evening of March 5.
The coalition, any member country operating in the area, and Iraqi authorities, should investigate the attack, which may have been unlawful given the number of civilian casualties, and the apparent absence of ISIS fighters or positions in the immediate vicinity. The presence of several civilian families in the area, some of whom had been living there for months or weeks, should have been evident from pre-strike surveillance. If no wrongdoing is found, the country responsible for the attack should consider condolence payments to civilian victims, including members of the Sultan family. Should there be evidence of war crimes including serious violations of the law of war committed with criminal intent any perpetrator of the crime should be prosecuted, including any commander responsible under the principle of command responsibility.
Tanak Neighborhood, Early April 2017 Saddam Hussein, 18, from west Mosul, said that in early April, at around 8 p.m., he was praying at his home in the Tanak neighborhood, when he heard aircraft overhead. He heard the sound of two munitions detonating, one of which hit the home opposite, and the other the road about 150 meters from his house, leaving a crater but not affecting any home or wounding anyone.
The home that was hit, a single-story house of three rooms and about 150 square meters, was completely destroyed when the munition landed in the kitchen, where some of the 20 members of the family were gathered. Three died, including two children. No fighters were in the home at the time, Hussein said:
I heard the screams of women and children and my father ran into my room and told me we needed to go help them. I told him we should wait, to be sure a third strike would not hit, before we went outside. After waiting a bit, we went over, and with the help of our neighbors pulled out two girls and two boys who were still alive because they had not been in the kitchen. I pulled out another boy, 3 years old, and when I opened his shirt, all of his organs spilled out and he died.
They pulled out the body of the father of the family, who was missing his head and one of his arms, as well as the body of a baby. Hussein said the front line between ISIS and the Iraqi forces was about 200 meters away and that he had seen at least three ISIS fighters firing at the Iraqi forces from their position there. The strike on the road landed about 50 meters from their position, he estimated.
Human Rights Watch requested information from CJTF-OIR on whether the coalition had conducted airstrikes in the area. A CJTF-OIR spokesperson stated the coalition could neither confirm nor deny participation in the attack due to the lack of a more specific date range.
Sakkak Nighborhood, Old City, April 10, 2017 An attack against ISIS killed 13 civilians from five families on April 10, in the Sakkak neighborhood, west of the Old City in west Mosul.
Iyad, 40, a shopkeeper, said that on the morning of April 10, Sakkak neighborhood, which was heavily populated by civilians at the time, was still under ISIS control. He was in his house, a single-story building of about 200 square meters.
He said the family of his next-door neighbor, Waleed Abu Nour, came to his house to seek refuge that morning because they had seen an ISIS fighter with a gun on their roof. He brought two other families who had been staying with him for several days, waiting for an opportunity to escape ISIS control. Iyads brothers family was there as well. In all, about 32 civilians were in Iyads home.
At about 1 p.m. as the families were finishing lunch, they started hearing heavier fire nearby, he said:
I ran to hide under the stairs as I started hearing an airplane overhead in addition to the gunfire. Suddenly a huge explosion threw my back against the wall. I crawled out of a pile of rubble as I started to hear screams all around me. I could not see anything though because of all the dust in the air. Finally, the air cleared a bit and us men started carrying the 12 women and children who survived out to a house down the road from us. We could not get the dead out immediately though, there was gunfire all around us so we quickly fled back to the house down the road.
The munition landed between Iyads small shop and the room where all the women stayed. Iyads hands were wounded, but he and the other survivors, some of whom were lightly wounded, did not go to the hospital.
Iyad said that he could hear Iraqi forces a few hundred meters away at the time of the attack. Iyads mother and 5-year-old daughter died in the attack. Abu Nours wife and two sons and the wife and daughter of one of the visiting families died. Iyads brother as well as his brothers wife and four children died. Only one of his brothers sons survived.
Iyad said there were no ISIS fighters in his home at the time of the strike, nor any wounded or killed in the attack. He said that his neighbors house, where the ISIS fighter had been stationed on the roof, was barely damaged. Three adjacent houses were lightly damaged.
More:
Iraq: Civilian Casualties Mount in West Mosul - Human Rights Watch