The Pentagon's inquiry found that the Americans who carried out the strike were both inexperienced and confused. Despite that, the investigation by the very unit that conducted the attack determined that standard operating procedures and the rules of engagement were followed. No one was judged negligent, much less criminally liable, nor would anyone be held accountable for the deaths. The message was clear: Luul and Mariam were expendable people.
"In over five years of trying to get justice, no one has ever responded to us," another of Luul's brothers, Abubakar Dahir Mohamed, wrote in a December 2023 op-ed for the award-winning African newspaper The Continent. He continued:
"When I found out later that the U.S. admitted that they killed civilians in the attack, I contacted them again, telling them that the victims were my family members. I am not sure if they even read my complaint.
"In June 2020, [U.S. Africa Command] added a civilian casualties reporting page to their website for the first time. I was very happy to see this. I thought there was finally a way to make a complaint that would be listened to. I submitted a description of what happened and waited. No one got back to me. Two years later, in desperation, I submitted a complaint again. Nobody responded. I now know that the U.S. military has admitted not only to killing Luul and Mariam, but doing so even after they survived the first strike. It killed them as Luul fled the car they targeted -- running for her life, carrying Mariam in her arms. The U.S. has said this in its reports, and individual officers have spoken to journalists. But it has never said this to us. No one has contacted us at all."
Late last month, a coalition of 24 human rights organizations called on Secretary of Defense Lloyd Austin to make amends to Luul and Mariam's family. The 14 Somali groups and 10 international non-governmental organizations devoted to the protection of civilians urged Austin to take action to provide the family with an explanation, an apology, and compensation.
"The undersigned Somali and international human rights and protection of civilians organizations write to request that you take immediate steps to address the requests of families whose loved ones were killed or injured by U.S. airstrikes in Somalia," reads the letter. "New reporting illustrates how, in multiple cases of civilian harm in Somalia confirmed by the U.S. government, civilian victims, survivors, and their families have yet to receive answers, acknowledgment, and amends despite their sustained efforts to reach authorities over several years."
Days later, the Pentagon unveiled its long-awaited "Instruction on Civilian Harm Mitigation and Response," which clarified "the Department's enduring policies, responsibilities, and procedures for mitigating and responding to civilian harm" and laid out "further steps to protect civilians and to respond appropriately when civilian harm occurs." Under the DoD-I or "dody," as it is known at the Pentagon, the military is directed to take steps including:
(1) Acknowledging harm suffered by civilians and the U.S. military's role in causing or otherwise contributing to that harm.
(2) Expressing condolences to civilians affected by military operations.
(3) Helping to address the harm suffered by civilians.
Under the DoD-I, the military is instructed to "acknowledge civilian harm resulting from U.S. military operations and respond to individuals and communities affected by U.S. military operations" This includes expressing condolences and helping to address the direct impacts experienced--
The mandate seems clear. The implementation is another story entirely.
Phoning It In
Since the letter from the humanitarian organizations was sent to Austin, the defense secretary has been both everywhere -- and nowhere to be found. In December, he traveled to Al Udeid Air Base in Qatar to thank American military personnel for their "selflessness and service." He met with the king and crown prince of Bahrain to discuss their "enduring defense partnership" with the United States. On December 20th, he paid a visit to the USS Gerald R. Ford carrier strike group in the Mediterranean Sea to thank the sailors for their "patriotism and professionalism."
A couple days later, Austin underwent surgery without informing his deputy Kathleen Hicks, much less his boss, President Biden. On January 1st, Austin was rushed back to the hospital, in "intense pain," but that information, too, was withheld from the White House until January 4th, and from Congress and the American public for an additional day.
Austin reportedly worked from his hospital room, monitoring American and British air attacks on Houthi rebel targets in Yemen -- more than 150 munitions fired from the sea and air on January 11th, alone -- and conducting meetings by phone with military officials and the National Security Council. He was released from the hospital four days later and began working from home. "Secretary of Defense Lloyd J. Austin III spoke by phone today with Ukrainian Minister of Defense Rustem Umerov to discuss the latest on the situation on the ground," Pentagon spokesman Major General Pat Ryder announced on January 16th. Two days later, he had a call with Israeli Minister of Defense Yoav Gallant. And on the 19th, he talked shop with Swedish defense minister P??l Jonson.
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