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The Lawfare Podcast

Protecting Civilians in Gaza and Beyond with Marc Garlasco and Emily Tripp

The Lawfare Podcast

The Lawfare Institute

International Law, Government, Military, Rule Of Law, International Relations, History, News, Terrorism, Politics, Law, Intelligence, National Security, Foreign Policy, Constitutional Law, Diplomacy, Current Events

4.76.4K Ratings

🗓️ 18 January 2024

⏱️ 59 minutes

🧾️ Download transcript

Summary

Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But as Marc Garlasco recently wrote in Lawfare, “[T]he policy comes at an awkward time … The U.S. military has issued guidance on how to protect civilians during operations just as its close ally Israel has reportedly killed thousands of Palestinians with American bombs.” 

And yet, many aspects of the new policy are nothing short of groundbreaking.  

Lawfare Managing Editor Tyler McBrien sat down with Marc, a former targeting professional and war crimes investigator and current military advisor at PAX, as well as Emily Tripp, the Director of Airwars, a transparency watchdog NGO which tracks, assesses, archives, and investigates civilian harm claims in conflict-affected nations. They discussed the state of civilian harm worldwide; the good, the bad, and the ugly of the Pentagon’s new policy; and recent efforts to get U.S. allies and partners to buy in. 

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Transcript

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0:00.0

The following podcast contains advertising.

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become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com

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slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath.

0:30.0

If you care about the state of the world and want to set it on a better course, we have a solution that may be somewhat surprising.

0:39.0

Work in finance. At CFA Institute, our programs and courses are deeply rooted in ethical perspective.

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But we don't just teach.

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We create codes of conduct and impact key policy issues with global governments and regulators.

0:54.1

To join a global network of investment professionals,

0:57.2

visit CFA Institute.org slash set the standard today. Very simply the fact of the number of civilian deaths that we've seen in the past 20 years at the hands of the

1:15.2

various governments and militaries that have been operating worldwide.

1:19.3

I mean, we have in Gaza over 20,000 reasons to do this work. We have the many thousands of Iraqis and Afghans who are killed. The Yemenis, I mean there may be laws in place but international humanitarian law the laws of armed

1:36.5

conflict that we know from the Geneva Conventions is an incredibly low bar right

1:40.9

it's don't purposefully kill civilians. That's it. Don't purposefully do it. But it doesn't

1:46.6

mean that killing civilians is a war crime. I'm Tiley McBrian, managing editor of Law Fair, and this is the Law Fair Podcast January 18th, 2023.

1:57.6

Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But as Mark Garlasko recently wrote in lawfare,

2:04.6

quote, the policy comes in an awkward time. The US military has issued guidance on how to

2:09.7

protect civilians during operations, just as its close ally Israel has reportedly killed

2:14.3

thousands of Palestinians with American bombs." And yet many aspects of the new

2:19.1

policy are nothing short of groundbreaking. I sat down with Mark, a former targeting professional and

2:24.6

war crimes investigator and current military advisor at PACs, as well as

2:28.4

Emily Tripp, the Director of Air Wars, a Transparency Watchdog NGO tracks, assesses, archives, and investigates

...

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