Dutch apologies are an important step for Hawija residents

The government’s response follows the report released in January by the Sorgdrager committee, which was highly critical of the Dutch decision-making process before, during, and after the operation in Hawija. The committee criticized the cabinet for providing incorrect information to the House of Representatives for years – for which Brekelmans has now also apologized -and labeled the Dutch compensation projects in Hawija as “too little, too late” (see also our earlier response to the report).

As early as 2017 and 2021, we conducted research with civil society partners on the consequences of the Dutch operation for the civilian population in Hawija. This revealed that the airstrike caused immense damage: it destroyed dozens of family lives, hundreds of people lost their homes and livelihoods, it caused widespread trauma, and largely brought the economy in Hawija to a standstill.

In 2021, we interviewed more than 100 (in)directly affected civilians, and they were almost unanimous in their demands for recognition, apologies, and individual financial compensation from the Netherlands. With Minister Brekelmans’ apologies, the Netherlands is now taking an important step towards redress. This is all the more significant because the Netherlands has also directly conveyed these apologies to the mayor of Hawija.

Our local partner organization, Ashor, reports that the apologies have been received positively. However, the victims and their relatives still want a Dutch delegation to come to the city to personally offer their apologies. They remain united in their demand for individual financial compensation, which Defense has again stated it does not wish to carry out. Meanwhile, a lawsuit is underway against the Dutch State for individual compensation, brought by survivors of the airstrike.

In addition to these apologies, the minister reported on further steps to improve the Dutch policy on civilian casualties. The Netherlands is now more transparent about the reports it receives on possible civilian casualties and will report on them at least annually. A significant step has been taken by releasing information about the preliminary investigations that Defense recently completed following 61 reports from the NGO Airwars, a process that Airwars found to be very transparent and constructive. Furthermore, Defense wants to make Civilian Harm Mitigation and Response part of specialized training programs. It also aims to improve the intelligence position in future coalitions to better assess and prevent the risk of civilian casualties. These steps align with the recommendations we and other organizations have given to Defense over the years to better protect civilians in conflict from the consequences of military operations.

Through a so-called Letter of Intent, the Netherlands also wants to make agreements with allies in future coalitions on how to deal with possible civilian casualties. For example, on what happens with reports of civilian casualties or how victims will be compensated. This is a positive step. Making coalition-wide agreements in advance is a measure we have been advocating for years. It is crucial that the Netherlands takes this a step further and develops minimum standards for what it considers acceptable for participating in missions, especially given the uncertain future of civilian casualty policies of military allies such as the US under the current administration.

The Netherlands is taking a leading and proactive role internationally with these commitments. The seriousness of the Netherlands’ own commitments is also evident from another letter sent to the House of Representatives last Friday. In this letter, Defense reports extensively on its investigation into possible civilian casualties caused by the Netherlands during an airstrike in Mosul in 2016. This investigation has been ongoing since 2023, but until last week, no further details were known. Now, Defense reports that it is in the final phase, having conducted on-site investigations, interviewed possible victims and witnesses, and consulted external (non-military) sources. These methods are considered international best practices.

We are pleased with the progress Defense is making to improve the protection of civilians in conflict, and we will continue to advocate for constructive ways to address the remaining demands of the civilian victims in Hawija following these important apologies. Within a few weeks, we will publish a briefing with points of attention and pitfalls in setting up community-level compensation projects, based on lessons from the earlier compensation projects that the Netherlands had carried out in Hawija.