Master Sgt. Troy Baylis

Master Sgt. Troy Baylis counts out $1,000 U.S. to pay to the mother of a Son of Iraq militia member who was killed by U.S. forces, while she and interpreter Jawad Alzayadi look on.

The Price of One Iraqi Life

U.S. military tries to pacify grieving Iraqis with condolence payments

BY James Foley

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'In Iraq, condolence payments are a cultural norm. When a car collision results in a death, two sheiks will negotiate a nominal payment for funeral expenses that the party at fault will pay.'

LSA ANACONDA, Iraq – The woman named Sabah is wearing a black dress and scarf as she sits across the desk from Sgt. Jonathan Fondow inside a small trailer.

“Please tell her we’re extremely sorry and we know no amount can replace her loss,” Fondow, an Army paralegal, says through the interpreter. Sabah’s body stiffens, her expression suspended between grimace and complete loss.

Master Sgt. Troy Baylis then comes from the other side of the room and, after getting a signature from Sabah, begins to count the money onto the desk: $1,000 U.S. – in stacked $50 bills. Sabah takes the money and shuffles out of the trailer office.

Her son, Mohamed, in his mid-20s, was from nearby Albu Hisma, in Salah ad-Din Province, about an hour north of Baghdad. Mohamed had been a member of the Sons of Iraq (SOI), a group of local, armed civilians also known as Concerned Local Citizens, who are paid by the U.S. military to guard checkpoints in problem areas around Iraq, mostly within the Sunni Triangle northwest of Baghdad.

Army reports said Mohamed was guarding a rooftop when U.S. Apache helicopters saw an armed man who was not supposed to be stationed there. Pilots tried to communicate to him via radio to put his gun down, but when he did not, the Apaches opened fire, killing Mohamed instantly. The pilots later said they had seen the colored flares of tracer bullets fired at them.

Once U.S. forces realized they had killed a Son of Iraq, they went to Mohamed’s house to make a condolence payment. According to Fondow, who investigates local Iraqi combat damage claims under the watch of the 2nd Battalion 320th Field Artillery Regiment of the 101st Airborne Division, Mohamed’s uncle and cousin convinced the soldiers that the two of them were responsible for supporting his orphaned children. They accepted the Army’s condolence payment and promptly disappeared.

This betrayal left Sabah with $1,000 instead of the $2,500 typically paid in condolence to families of Iraqi civilians who are killed during combat operations.

The amount seems minuscule by U.S. standards, but a non-Westerner employed on base often earns between $12 to $18 a day, according to Sgt. Erin Murphy, a paralegal for the 316th Expeditionary Sustainment Command. A payment of $2,500 is equivalent to a year’s income, she says.

Iraq’s 2007 per capita gross domestic product (GDP) was approximately $3,600, according to the CIA World Fact Book. But with unemployment hovering between 20 percent to 30 percent, the yearly income of a subsistence-level farmer in Albu Hishma could be substantially less.

“I feel if coalition forces are at fault, we should pay them,” Fondow says. “If we don’t pay them, what are they going to do?”

Fondow normally makes two to three accidental death payments per month in this mixed Sunni-Shiite area around the city of Balad, which has recently seen hundreds of men with insurgent histories enter reconciliation agreements with U.S. troops. According to the terms, if the men lay down their arms and agree to appear before an Iraqi judge, U.S. forces agree to stop actively hunting them.

A small history of payments

“Soldiers who deploy want to feel that they are making a difference,” Capt. Wjociech Kornacki, Judge Advocate for 1st Armored Division chief of foreign claims, says, “and making payments for claims makes you feel that way.” Many of those same families who received the payment will come back to report on insurgent recruiting efforts, he added.

But “each unit handles claims differently,” Fondow says. “We’re high on morale, but all it takes is to lose one solider to change the view,” implying that the level of enemy attacks influences how these discretionary payments are made.

The conservative total death toll for Iraqi civilians in this war is reported to be between 84,050 and 91,713, according to IraqiBodyCount.org, a public site that has counted media reports of violent non-combatant deaths in Iraq since the 2003 invasion. The British journal Lancet estimates the civilian death toll to be in the hundreds of thousands.

If an innocent civilian is killed, a Commander’s Emergency Relief Program (CERP) payment can be made as a condolence from U.S. forces.

The need for CERP began shortly after the 2003 invasion, when commanders realized they had no recourse for damages caused during combat missions, which are not covered under the Foreign Claims Act, says Captain Kornacki. According to Kornacki, the Foreign Claims Act covers only non-combat-related damages. For example if an Army jeep not on a combat patrol, runs into a civilian’s car, the car owner can be paid under the Foreign Claims Act.

In April 2003, soldiers from the 3rd Infantry Division recovered a total of $650 million that had been hidden in panic by Saddam Hussein’s regime, the Los Angeles Times reported. The discovery became the seed money for various reconstruction projects during the initial phases of the war.

Congress later approved the first $180 million to help fund CERP, according to the Joint Force Quarterly. (Congressional funding has increased since, including $500 million in 2004.) In the National Defense Authorization Act for 2008, Congress allocated $977,441,000 for CERP.

Such payments to victims’ families are not an admission of liability, says Kornacki, which could potentially open the U.S. military to lawsuits from foreign nationals. Instead, the military calls them “good will payments,” and in a war against an enemy that has been known to pay civilians less than $100 to plant a roadside bomb, a CERP payment could counter such insurgent enticements, he says.

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James Foley was a graduate of Northwestern University's Medill School of Journalism and a freelance journalist. In 2009, he embedded with the U.S. military's 4-4th Infantry division and 1-10th Mountain division in the Afghanistan provinces of Nuristan, Nangahar and Kunar. The previous year he embedded in Iraq with the the 101st Airborne Division. He was captured and killed by Islamic State militants in Syria in 2014.

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