Saturday, February 28, 2015

How the US Paid for Death and Damage in Afghanistan - The Intercept

An armored vehicle ran over a six-year-old boy’s legs: $11,000. A jingle truck was “blown up by mistake”: $15,000. A controlled detonation broke eight windows in a mosque: $106. A boy drowned in an anti-tank ditch: $1,916. A 10-ton truck ran over a cucumber crop: $180. A helicopter “shot bullets hitting and killing seven cows”: $2,253. Destruction of 200 grape vines, 30 mulberry trees and one well: $1,317. A wheelbarrow full of broken mirrors: $4,057.

A child who died in a combat operation: $2,414.

These are among the payments that the United States has made to ordinary Afghans over the course of American military operations in the country, according to databases covering thousands of such transactions obtained byThe Intercept under the Freedom of Information Act. Many of the payments are for mundane incidents such as traffic accidents or property damage, while others, in flat bureaucratic language, tell of “death of his wife and 2 minor daughters,” “injuries to son’s head, arms, and legs,” “death of husband,” father, uncle, niece.

The databases are incomplete, reflecting fragmented record keeping in Afghanistan, particularly on the issue of harm to civilians. The paymentsThe Intercept has analyzed and presented in the graphic accompanying this story are not a complete accounting, but they do offer a small window into the thousands of fractured lives and personal tragedies that take place during more than a decade of war.

The Price of Life  -  The data that The Intercept obtained comes from two different systems that the U.S. military uses to make amends.

The Foreign Claims Act, passed in 1942, gives foreign citizens the ability to request payment for damages caused by U.S. military personnel. But the law only covers incidents that happen outside of combat situations — meaning that civilians caught up in battles have no recourse.

Since the Korean War, however, the U.S. military has realized that it’s often in its best interest to make symbolic payments for civilian harm, even when it occurs in combat. Over the years, the Pentagon authorized “condolence payments” where the military decided it was culturally appropriate.

Such condolence payments were approved in Iraq a few months into the 2003 U.S.-led invasion, and in Afghanistan beginning in 2005. They soon became part of the “hearts and minds” approach to counterinsurgency. To put it another way, in the words of an Army handbook, this was “money as a weapons system.”

While it might seem cynical to offer token compensation for a human life, humanitarian organizations embraced the policy as a way to acknowledge deaths and the hard economic realities of war zones.

Condolence payments are meant to be symbolic gestures, and today in Afghanistan, they are generally capped at $5,000, though greater amounts can be approved.

Payments under the Foreign Claims Act take into account any negligence on the part of the claimant, as well as local law. Douglas Dribben, an attorney with the Army Claims Service in Fort Meade, Maryland, said that officers in the field do research, sometimes consulting with USAID or the State Department, to determine the cost of replacing damaged property — “What’s a chicken worth in my area versus what it’s worth in downtown Kabul?”

Claims for injuries incorporate the cost of medical care, and in the case of wrongful death, the deceased’s earning potential and circumstances. “If I have a case of a 28-year old doctor, they are going to be paid more than we’d pay for a child of four,” Dribben said. “In Afghanistan, unfortunately, a young female child would likely be much less than a young boy.”

The system is imperfect, however. Residents of remote areas often can’t access the places where the U.S. military hands out cash. The amounts given out, or whether they are paid at all, often depend on the initiative of individual soldiers — usually the judge advocates who handle claims, or commanders who can authorize condolence payments.  Read More at The Intercept

How the US Paid for Death and Damage in Afghanistan

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