nine days five

Nine Days and Five Months: Open-Source Evidence, t…

By Aleena Saif Ullah

The writer is an MPhil Scholar in International Relations, specializing in global defence and security, University of the Punjab, Lahore.

On February 28, the first day of Operation Epic Fury, a strike hit the Shajareh Tayyebeh girls’ elementary school in Minab, in Iran’s Hormozgan province. Iranian state media reported that 168 children and 14 adults were killed. Anadolu reported two strikes roughly forty minutes apart. President Trump said on March 7 that in his opinion Iran had done it, citing Iranian inaccuracy with munitions.

Bellingcat had already established otherwise. Its researchers identified a Tomahawk cruise missile — a munition no other belligerent in the conflict fields — in footage released by Iran’s Mehr agency, and geolocated the strike sequence. The New York Times, the Associated Press and CNN reached compatible conclusions through independent satellite and video analysis. By March 11, NPR reported that a preliminary Pentagon assessment had determined the United States was at fault.

Five months later, the accountability failure is not the one I described when I first wrote about this case, and the actual failure is more instructive.

A process was initiated. On March 13, Secretary Hegseth announced a formal command investigation, with CENTCOM appointing a senior officer from outside the command to lead it — the correct procedural choice. Lawmakers have said that officer submitted an initial report in April. CENTCOM has held it since. On May 19, Admiral Brad Cooper told lawmakers under oath that the investigation was complex, near completion, and that “I’m fully committed to transparency” once it concluded. No findings have been published.

Then in July, CNN reported the detail that reframes the case. Within a week of the strike, the first two stages of the battle damage assessment were complete, establishing that American forces had hit the location. The third stage — the standard review in which Defense Intelligence Agency analysts examine the full body of satellite imagery and intelligence to determine holistically what occurred — had not been ordered as of early July. One source familiar with the matter told CNN there had been no detailed analysis and that CENTCOM had locked down the investigation. NBC reported that preliminary findings pointed to outdated intelligence as the likely cause.

This is a different kind of institutional failure from the one international lawyers usually describe, and it is worse. An absent process can be demanded. A process that ran, produced a document, and stopped is much harder to move, because officials can accurately say an investigation took place.

The context makes it harder still. On May 13 the Pentagon’s own Inspector General found that the Department had systematically failed to implement its Civilian Harm Mitigation and Response Action Plan, with all eleven objectives reclassified as at risk and the legally mandated Civilian Protection Center of Excellence lacking key staff and leadership. The architecture built specifically to prevent and account for incidents like Minab had been allowed to decay before the war that tested it.

Congress has asked the right questions and been ignored. A letter led by Senator Chris Van Hollen and signed by more than forty senators asked Secretary Hegseth directly whether American forces conducted the strikes, what the intended target was, whether AI tools were used in targeting, and whether a no-strike list was established before operations began. Answers were requested by March 18. More than 150 House members signed a parallel letter on the broader civilian toll.

The comparison the Pentagon itself invites is unflattering. As NBC noted, the Department has publicly disclosed its role in comparable incidents before: a special forces raid in Yemen, a bombing in Iraq that killed more than a hundred civilians, the strike on an Afghan hospital that killed at least forty-two, a drone attack in Afghanistan that killed ten. Disclosure in those cases was not generous, but it happened.

What Minab demonstrates is that the binding constraint on accountability is not evidence. Volunteer open-source investigators, working entirely from public material, established the essential facts within nine days. The state that conducted the strike established them internally within seven. The constraint is that no mechanism exists to compel publication of a report a government has decided not to publish — not the Rome Statute, to which the United States is not a party; not the Security Council, where it holds a veto; and not the Inspector

General, who can find institutional failure but cannot release another command’s findings.

One lever remains, and it is domestic rather than international. Congress can require declassified release of the findings through the National Defense Authorization Act. Whether it does will indicate more about the state of accountability for civilian harm than any further open-source analysis.

The evidence is not missing. The report is not missing. Both exist. Neither can be read.

 

 

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