As Secretary Hegseth Considers Gutting Workforce for Reducing Civilian Deaths, Pentagon Policy Nominee Agrees with Warren: Civilian Harm Prevention is Crucial to National Security
Trump Defense Policy Nominee Elbridge Colby agrees that following the laws of war is “a very important part of the picture that I think is part of the role of the USDP.”
Washington, D.C. – At a hearing of the Senate Armed Services Committee, U.S. Senator Elizabeth Warren (D-Mass.), Ranking Member of the Senate Armed Services Subcommittee on Personnel, questioned Mr. Elbridge Colby, nominee for Under Secretary of Defense for Policy (USD(P)) about his vision to prioritize civilian harm prevention. Senator Warren also underscored the danger of President Trump and Defense Secretary Pete Hegseth firing top Judge Advocates General last month.
Mr. Colby agreed that preventing civilian deaths strengthens U.S. national security, including by reducing the risks to our own troops. This comes as the Washington Post reports that the Pentagon is set to make “deep cuts to the civilian workforce focused on reducing civilian harm in U.S. military operations.” Senator Warren highlighted that preventing civilian harm is not a partisan issue. In fact, Secretaries of Defense under President Trump’s first term and under President Biden all took steps to prevent civilian harm.
“Following the laws of war helps set us apart from terrorists and from adversaries like Russia, which has targeted civilians in Ukraine,” said Senator Warren.
“Observing the laws of war, understanding them in a reasonable way – that’s consistent with combat effectiveness and military effectiveness and achieving our goals in deterrence,” said Mr. Colby. “I think that’s a very important part of the picture that I think is part of the role of the (Under Secretary of Defense for Policy), if confirmed.”
Senator Warren also called attention to, and Mr. Colby agreed with, the importance of the Judge Advocate General’s Corps, whom American troops rely on for legal advice and Senator Lindsey Graham has praised as “the conscience of the military.”
Transcript: Hearing to Consider the Nomination of Mr. Elbridge A. Colby to be Under Secretary of Defense for Policy
Senate Armed Services Committee
March 4, 2025
Senator Elizabeth Warren: Thank you, Mr. Chairman, and congratulations on your nomination, Mr. Colby. The U.S. military does not target innocent civilians. Not only because that’s what’s right, it is also that’s what’s effective. General Stanley McChrystal coined the term “insurgent math” – you may remember hearing about this – meaning that for every innocent civilian you kill, you create 10 new enemies. U.S. strikes killed as many as 48,000 civilians between 2001 and 2021. You can do the math on that.
Now, most people know that killing civilians is wrong and should be rare. And when it has happened, our troops file reports. But too often those reports don’t actually receive a response from anyone, and we don’t learn how to avoid future accidents that result in civilian deaths.
And that’s why Congress passed several reforms into law to reduce civilian harm and improve our guidance for our servicemembers, including establishing the Civilian Protection Center of Excellence. This Center helps make military operations more effective and it also supports troops in preventing and responding to civilian harm.
So let me ask you, Mr. Colby: if confirmed, will you oversee implementation of these reforms? Do you agree that preventing civilian deaths enhances U.S. national security, including reducing the risks to our own troops?
Mr. Elbridge Colby, nominee for Under Secretary of Defense for Policy: I do agree with that, Senator.
Senator Warren: Good, I’m glad to hear that. It’s very important. This isn’t a partisan issue. During the first Trump Administration, the Pentagon grew concerned about the number of civilian deaths resulting from operations that were in place to try to defeat ISIS and it launched a study. Secretaries Mattis, Esper, and Austin all took steps to improve civilian harm prevention across the administrations. So, today, the Center of Excellence helps commanders to sharpen their campaign plans so they can make smarter decisions about strikes that they need to deploy.
So Mr. Colby, do you agree that commanders can make better decisions in the field when they’re equipped with training on how to avoid civilian casualties?
Mr. Colby: I do, Senator.
Senator Warren: Good, I’m glad to hear that. Following the laws of war helps set us apart from terrorists and from adversaries like Russia, which has targeted civilians in Ukraine. And American troops also rely on the Judge Advocate General’s Corps for legal advice. Senator Graham – who himself was a JAG – rightly called JAGs “the conscience of the military.”
Mr. Colby, do you think it’s important that commanders have legal advice they can count on and trust?
Mr. Colby: I do, Senator.
Senator Warren: Secretary Hegseth’s outspoken disregard for the rules of war endangers U.S. troops, and his firing of the top military lawyers of the Army, the Navy, and the Air Force last month and his plans to reduce the rank of JAG leadership from a three-star role to a two-star role are deeply concerning.
If confirmed as Under Secretary of Defense for Policy, your views will send a message from the top about whether the laws of war matter. I urge you to take this seriously. I appreciate your answers today. If you want to expand on any of them you’re welcome to do so.
Mr. Colby: Thank you, Senator. I’ve seen the reporters in the press, so I can’t speak about it authoritatively. I trust Secretary Hegseth’s judgement. What I would say is that, if confirmed, I certainly would take the laws of war very seriously. It’s something I’ve studied in the past and thought about a great deal. It’s part of the overall “Ends, Ways, Means and the Rational Use of Military Power.” Again, not to be too sanguine about it or blaise, but to say that observing the laws of war, understanding them in a reasonable way – that’s consistent with combat effectiveness and military effectiveness and achieving our goals in deterrence. I think that’s a very important part of the picture that I think is part of the role of the USDP, if confirmed.
Senator Warren: I appreciate that Mr. Colby. I think that helps keep our warfighters safer and I also think it helps keep our nation safer. Thank you. Thank you, Mr. Chairman.
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