II. RECOMMENDATIONS

Investigation

· U.S. authorities should conduct a full, independent and impartial investigation into the April 28 and April 30 violent incidents in al-Falluja to determine the circumstances that led to the shootings, and to hold accountable anyone found to have committed violations of international humanitarian law.

· The investigation should assess the crowd control measures used by U.S. troops, and elaborate ways to avoid violence and minimize civilian casualties in the future.

· The investigation should also examine the law enforcement training provided to U.S. troops in Iraq to determine if it meets the standards of international humanitarian law.

· The findings of the investigation should be made public.

Use of Force
Under international humanitarian law, the United States as the occupying power in Iraq is obligated to restore and ensure public order and safety. Achieving security must however be in conformity with international humanitarian law and human rights standards. As such, the U.S. military should ensure the following:

· U.S. security forces, in law enforcement situations, only use law enforcement means. In particular, when facing civilian demonstrations or protests, U.S. forces should abide by the standards set forth in the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the U.N. Code of Conduct for Law Enforcement Officials, and be provided with the equipment and training necessary for this purpose.

· Deployment of adequate numbers of coalition and other military police or constabulary units trained in international law enforcement standards, and provide these units with the resources and equipment to meet Iraq's postwar law enforcement needs.

· U.S. security forces not use firearms in situations of civilian protest except where this is strictly unavoidable to defend U.S. personnel or others against the imminent threat of death or serious injury. Whenever firearms are used, great care should be taken not to inflict injury on civilians.

· If there are exchanges of fire, U.S. security forces avoid disproportionate harm to civilians or civilian objects.

· U.S. government provides compensation to victims of unlawful use of force by U.S. security personnel where this has caused death, disablement, or destruction of property.

· U.S. Army soldiers be trained to defuse tense non-combat situations without resorting to lethal force. Lethal force should be used intentionally only when necessary to meet an imminent threat to life and only in proportion to the actual danger presented in conformity with international standards.

· U.S. troops in Iraq be equipped with adequate crowd control devices to avoid a resort to lethal force. Efforts to enhance communication with local communities should be intensified, starting with adequate provision of translators.