Haditha killings
Encyclopedia
The Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha
Haditha
Haditha is a city in the western Iraqi Al Anbar Governorate, about 240 km northwest of Baghdad. It is a farming town situated on the Euphrates River at . Its population of around 100,000 people is predominantly Sunni Muslim Arabs...

, a city in the western Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

i province of Al Anbar. At least 15 of those killed were civilians. It has been alleged that the killings were retribution for the attack on a convoy of Marines with an improvised explosive device
Improvised explosive device
An improvised explosive device , also known as a roadside bomb, is a homemade bomb constructed and deployed in ways other than in conventional military action...

 that killed Lance Corporal Miguel Terrazas.

An initial Marine Corps communique reported that 15 civilians were killed by the bomb's blast and eight insurgents were subsequently killed when the Marines returned fire against those attacking the convoy. However, other evidence uncovered by the media contradicted the Marines' account. A Time magazine reporter's questions prompted the United States military to open an investigation into the incident. The investigation claimed it found evidence that "supports accusations that U.S. Marines deliberately shot civilians, including unarmed men, women and children", according to an anonymous
Journalism sourcing
In journalism, a source is a person, publication, or other record or document that gives timely information. Outside journalism, sources are sometimes known as "news sources"...

 Pentagon official. On December 21, 2006, eight Marines from 3rd Battalion, 1st Marines were charged in connection with the incident. As of June 2008, charges against seven of the eight Marines had been dropped.

In the course of the Article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...

s, conflicting testimony was presented, some of it rebutting the media-cited case made by accusers and prosecutors of the Marines. At one point in the hearings, the investigating officer told prosecution lawyers, "The account you want me to believe does not support unpremeditated murder." He conceded that the central issue was who is to be believed and that he was disinclined to recommend a trial when he thought it was unlikely any Iraqi would agree to come to the U.S. to testify. On August 9, Lt. Gen. James Mattis
James Mattis
James N. Mattis is a United States Marine Corps general and the current commander of United States Central Command. Having replaced David Petraeus on August 11, 2010, he previously commanded United States Joint Forces Command from November 9, 2007 to August 2010 and served concurrently as NATO's...

 dropped the charges against Lance Cpl. Justin Sharratt, who has been accused of murder, and against Capt. Randy Stone, accused of failing to investigate the incident. On August 23, the investigating officer recommended charges against Lance Cpl. Stephen Tatum be dropped as well but on October 19, his commanding officer decided the charges should be lowered to involuntary manslaughter, reckless endangerment and aggravated assault.

On October 3, 2007, the Article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...

 investigating officer recommended that Staff Sgt Frank Wuterich
Frank Wuterich
Frank Wuterich is a Staff Sergeant in the United States Marine Corps and is alleged to have participated, on November 19, 2005 in Haditha killings, where he and fellow Marines are accused of having killed 24 civilians after a Marine had died in an insurgent attack...

 be tried for negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...

 in the deaths of two women and five children, and that charges of murder be dropped.

As of June 17, 2008, six defendants have had their cases dropped and one was found not guilty. The exception is Sgt. Wuterich, whose trial date has been postponed indefinitely. At least three officers have been officially reprimanded for failing to properly initially report and investigate the killings.

Background

Since the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...

, U.S. military forces have been stationed in and around Haditha to control the Haditha Dam
Haditha Dam
The Haditha Dam or Qadisiya Dam is an earth-fill dam on the Euphrates, north of Haditha , creating Lake Qadisiyah . The dam is just over long and high. The purpose of the dam is to generate hydroelectricity, regulate the flow of the Euphrates and provide water for irrigation...

, a major hydroelectric installation. The area had seen several clashes between U.S. forces and insurgent
Insurgent
Insurgent, insurgents or insurgency can refer to:* The act of insurgency-Specific insurgencies:* Iraqi insurgency, uprising in Iraq* Insurgency in Jammu and Kashmir, uprising in India* Insurgency in North-East India...

 groups since the beginning of the Iraq War with many fatalities on both sides.

A contemporary Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...

magazine poll reported that 85% of Iraq's Sunnis opposed coalition forces, as compared to 65% of Iraqis overall.

Conditions in Haditha itself were known to have been deteriorating under militant rule, and attacks on U.S. troops as well as executions of suspected informant
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...

s were common.

Roadside bombing

On November 19, 2005 an improvised explosive device (I.E.D.), composed of 155mm artillery shells and explosives-filled propane tanks, was placed underneath asphalt some time before 3rd Battalion, 1st Marines (3/1) arrived in Haditha. The I.E.D. targeted a squad from 3/1 Kilo Company, 3rd Platoon while on a resupply convoy. Lance Corporal Miguel Terrazas was killed instantly at 7:15 AM. Lance Corporal Terrazas was driving the Humvee which was hit by the bomb. Lance Corporal James Crossan was in the passenger seat of the Humvee and was thrown out of the vehicle and trapped under the rear passenger tire, the Humvee was split in half. Private First Class Salvador Guzman was in the back of the vehicle conducting security for the convoy and was thrown from the Humvee. Both Crossan and Guzman were taken to a Landing Zone to be picked up by helicopter and sent to get further medical attention. Guzman returned to active duty once his wounds healed and went on a 2nd deployment with 3/1 to Iraq in April 2007. Crossan was medically discharged from the United States Marine Corps due to the severe wounds he received on November 19, 2005.

Killings and immediate aftermath

Deaths & injuries of Iraqis in Haditha
----
House #1—7 killed, 2 injured (but survived), 2 escaped
1. Abdul Hamid Hassan Ali, 76—grandfather, father and husband. Died with nine rounds in the chest and abdomen.
2. Khamisa Tuma Ali, 66—wife of Abdul Hamid Hassan Ali
3. Rashid Abdul Hamid, 30.
4. Walid Abdul Hamid Hassan, 35.
5. Jahid Abdul Hamid Hassan, middle-aged man.
6. Asma Salman Rasif, 32.
7. Abdullah Walid, 4.
Injured: Iman, 8, and Abdul Rahman, 5.
Escaped: Daughter-in-law, Hiba, escaped with 2-month-old Asia
House #2—8 killed, 1 survivor: Shot at close range and attacked with grenades
8. Younis Salim Khafif, 43—husband of Aida Yasin Ahmed, father.
9. Aida Yasin Ahmed, 41—wife of Younis Salim Khafif, killed trying to shield her youngest daughter Aisha.
10. Muhammad Younis Salim, 8—son.
11. Noor Younis Salim, 14—daughter.
12. Sabaa Younis Salim, 10—daughter.
13. Zainab Younis Salim, 5—daughter.
14. Aisha Younis Salim, 3—daughter.
15. A 1-year-old girl staying with the family.
Survived: Safa Younis Salim, 13.
House #3—4 brothers killed
16. Jamal Ahmed, 41.
17. Marwan Ahmed, 28.
18. Qahtan Ahmed, 24.
19. Chasib Ahmed, 27.
Taxi—5 killed: Passengers were students at the Technical Institute in Saqlawiyah
20. Ahmed Khidher, taxi driver.
21. Akram Hamid Flayeh.
22. Khalid Ayada al-Zawi.
23. Wajdi Ayada al-Zawi.
24. Mohammed Battal Mahmoud.
Source: United for Peace and Justice


Five Iraqi men, a taxi driver and four teenagers, were ordered out of their car and shot dead in the street, principally by Staff Sgt. Frank Wuterich
Frank Wuterich
Frank Wuterich is a Staff Sergeant in the United States Marine Corps and is alleged to have participated, on November 19, 2005 in Haditha killings, where he and fellow Marines are accused of having killed 24 civilians after a Marine had died in an insurgent attack...

. After their deaths, Lt. William T. Kallop, according to his statements to investigators, arrived on the scene. Kallop and others report receiving small-arms fire, which they attributed to a nearby house. Kallop gave the order "to take the house." Nineteen of those killed were in three adjacent houses which U.S. Marines entered, throwing in grenades and shooting with automatic rifles. According to Kallop,

"The Marines cleared it the way they had been trained to clear it, which is frags
Fragmentation grenade
A fragmentation grenade is an anti-personnel weapon that is designed to disperse shrapnel upon exploding. The body is made of hard plastic or steel. Flechettes, notched wire, ball bearings or the case itself provide the fragments...

 first. … It was clear just by the looks of the room that frags went in and then the house was prepped and sprayed like with a machine gun and then they went in. And by the looks of it, they just . . . they went in, cleared the room, everybody was down."


On November 20, 2005 a Marine press release from Camp Blue Diamond in Ramadi
Ramadi
Ramadi is a city in central Iraq, about west of Baghdad. It is the capital of Al Anbar Governorate.-History:Ramadi is located in a fertile, irrigated, alluvial plain.The Ottoman Empire founded Ramadi in 1869...

 reported the deaths of a U.S. Marine and 15 civilians. It said that the death of the civilians was a consequence of a roadside bomb and Iraqi insurgents. The initial U.S. military statement read:

"A US marine and 15 civilians were killed yesterday from the blast of a roadside bomb in Haditha. Immediately following the bombing, gunmen attacked the convoy with small arms fire. Iraqi army soldiers and Marines returned fire, killing eight insurgents and wounding another."


Eman Waleed, a nine-year-old child who witnessed the incident, described the U.S. Marines entering their house. She said:
"I couldn't see their faces very well - only their guns sticking in to the doorway. I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny."


The director of the local hospital in Haditha, Dr Wahid, said that the 24 bodies were brought in two American humvees to the hospital around midnight on November 19. While the Marines claim that the victims had been killed by shrapnel from the roadside bomb and that the men "were saboteurs", Dr Wahid said that there were "no organs slashed by shrapnel in any of the bodies". He further claimed that it appeared that "the victims were shot in the head and chest from close range."

Soon after the killings, the mayor of Haditha, Emad Jawad Hamza, led an angry delegation of elders up to the Haditha Dam Marine base allegedly complaining to the base captain.

The Marine Corps paid $38,000 to the families of 15 of the dead civilians.

Evidence about the killings

Video shot by the co-founder of the Hammurabi Human Rights Group, Taher Thabet
Taher Thabet
Thaer Thabet al-Hadithi is an Iraqi activist.A native of Haditha and founder of the Hammurabi Organization for Human Rights and Democracy. The day after a squad of US Marines killed 24 Iraqi civilians after an improvised explosive device detonated by insurgents killed American soldier Miguel...

, which instigated Tim McGirk's original Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...

magazine article, and cellphone photos reportedly taken by one of the Marines the day after the killings have been put forth as evidence that the killings were methodical and without resistance. In particular, the video shot by Thabet shows the bodies of the children and women with gunshot wounds, bullet holes in the interior walls of the house, and bloodstains on the floor. Insufficient evidence has come to light to account for insurgents hiding in the houses that first came under attack.

the only AK-47 that was discovered that day—apparently a household defensive weapon, of the type that is legal and common in Iraq. No one has claimed that the rifle had been fired.--William Langewiesche in Rules of Engagement, Vanity Fair, November 2006


McGirk's first article online stated that the Hammurabi Human Rights Group had "coordinated with Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

". A correction was issued when no official links could be confirmed. McGirk, who is based in Jerusalem, declined to testify at the hearings.

Legal proceedings

The intentional killing of noncombatants is prohibited by modern laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

 derived from the UN Charter, the Hague Conventions
Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...

 and the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

, and constitutes a war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

. The Marines and officers are subject to possible courts martial under American military law, the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

.

Investigations

On February 14, 2006, a preliminary investigation was ordered by Lt. Gen. Peter W. Chiarelli
Peter W. Chiarelli
Peter W. Chiarelli is a United States Army General who is serving as the 32nd and current Vice Chief of Staff of the U.S. Army. He previously served as commander, Multi-National Corps—Iraq under General George W. Casey, Jr. He assumed his current assignment on August 4, 2008...

, after video evidence which conflicted with the initial U.S. report was released. On March 9, a criminal investigation was launched, led by the Naval Criminal Investigative Service
Naval Criminal Investigative Service
The United States Naval Criminal Investigative Service is the primary security, counter-intelligence, counter-terrorism, and law enforcement agency of the United States Department of the Navy...

, to determine if the troops deliberately targeted Iraqi civilians.

On March 19, 2006, U.S. military officials confirmed that contrary to the initial report, U.S. Marines, not Iraqi insurgents, killed 15 civilians.

Several official investigations began. The first, under United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 Maj. Gen. Eldon Bargewell
Eldon Bargewell
Major General Eldon A. Bargewell was a general in the United States Army and commander of Delta Force.Bargewell was born in Hoquiam, Washington and graduated from Hoquiam High School in 1965....

, looked into how the incident was reported through the chain of command. A second investigation, headed by the Naval Criminal Investigative Service
Naval Criminal Investigative Service
The United States Naval Criminal Investigative Service is the primary security, counter-intelligence, counter-terrorism, and law enforcement agency of the United States Department of the Navy...

, looked into the criminal aspects of the incident. A third investigation was launched by the Iraqi government. The conduct of Staff Sergeant Frank Wuterich
Frank Wuterich
Frank Wuterich is a Staff Sergeant in the United States Marine Corps and is alleged to have participated, on November 19, 2005 in Haditha killings, where he and fellow Marines are accused of having killed 24 civilians after a Marine had died in an insurgent attack...

, the squad leader, came under scrutiny.

On June 2, 2006, news outlets reported that 24 Iraqis had been killed, none as a result of the bomb explosion. This news anticipated the results of the U.S. military investigation, which found that the 24 unarmed Iraqis—including children as young as two years old and women—were killed by 12 members of Kilo Company in the 3rd Battalion, 1st Marine Regiment, 1st Marine Division.

The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...

published the result of the first investigation, under U.S. Army Maj. Gen. Eldon Bargewell
Eldon Bargewell
Major General Eldon A. Bargewell was a general in the United States Army and commander of Delta Force.Bargewell was born in Hoquiam, Washington and graduated from Hoquiam High School in 1965....

, along with interviews with eye witnesses. It noted that the "official investigation has already resulted in the removal of Lieutenant Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...

 Jeffrey Chessani
Jeffrey Chessani
Jeffrey R. Chessani is a retired Lieutenant Colonel in the United States Marine Corps, and was the commanding officer 3rd Battalion, 1st Marines during the November 2005 urban combat in Haditha, Iraq. In that event, known as the Haditha killings, marines in his battalion were accused of having...

, the commanding officer, and Captain Luke McConnell
Luke McConnell
Luke McConnell is currently a Major in the United States Marine Corps. In accordance with standard administrative procedure, he was initially removed from command of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marines following an alleged November 2005 war crime in Haditha, Iraq,...

 and Captain James Kimber
James Kimber
James Kimber, age 33, is a captain in the United States Marine Corps, and was commander of India Company 3rd Battalion 1st Marines. He was removed from command following a report by The Times regarding an alleged hazing incident in Haditha, Iraq on November 19, 2005, recorded and aired by the BBC...

, two company commanders, from their duties. Bargewell's investigation found that:
"Statements made by the chain of command during interviews for this investigation, taken as a whole, suggest that Iraqi civilian lives are not as important as U.S. lives, their deaths are just the cost of doing business, and that the Marines need to get 'the job done' no matter what it takes. These comments had the potential to desensitize the Marines to concern for the Iraqi populace and portray them all as the enemy even if they are noncombatants."


On June 1, 2006, the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

 also reported that the Iraqi government decided to launch its own probe into the alleged killing of 24 unarmed Iraqi civilians by U.S. Marines in the previous year. Adnan al-Kazimi, an adviser to Prime Minister Nouri al-Maliki
Nouri al-Maliki
Nouri Kamil Mohammed Hasan al-Maliki , also known as Jawad al-Maliki or Abu Esraa, is the Prime Minister of Iraq and the secretary-general of the Islamic Dawa Party. Al-Maliki and his government succeeded the Iraqi Transitional Government. He is currently in his second term as Prime Minister...

, said the decision was made during a Cabinet meeting. The probe was to be carried out by a special committee made up of the Justice and Human Rights ministries, along with security officials.

The U.S. Marines investigation has avoided public pronouncements. Nevertheless, on June 17, 2006, the New York Times reported that "Investigators have also concluded that most of the victims in three houses died from well-aimed rifle shots, not shrapnel or random fire, according to military officials familiar with the initial findings." Many of those killed have wounds from close-range fire, and their death certificates record "well-aimed shots to the head and chest" as the cause of death.

Charges leveled

On December 21, 2006, the U.S. military charged eight Marines in connection with the Haditha incident. Four of the eight, Frank Wuterich
Frank Wuterich
Frank Wuterich is a Staff Sergeant in the United States Marine Corps and is alleged to have participated, on November 19, 2005 in Haditha killings, where he and fellow Marines are accused of having killed 24 civilians after a Marine had died in an insurgent attack...

, Sanick de la Cruz, Justin Sharratt and Stephen Tatum, were accused of unpremeditated murder. Tatum was further charged with negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...

 and assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

, while de la Cruz was also charged with making a false statement. Squad leader Frank Wuterich was charged with 12 counts of unpremeditated murder against individuals and one count of the murder of six people "while engaged in an act inherently dangerous to others." The battalion commander, Jeffrey Chessani
Jeffrey Chessani
Jeffrey R. Chessani is a retired Lieutenant Colonel in the United States Marine Corps, and was the commanding officer 3rd Battalion, 1st Marines during the November 2005 urban combat in Haditha, Iraq. In that event, known as the Haditha killings, marines in his battalion were accused of having...

, was charged with one count of violating a lawful order and two counts of dereliction of duty
Dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...

. First Lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...

 Andrew Grayson was charged with obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...

, dereliction of duty, and making a false statement, while Captain Randy Stone and Captain Lucas McConnell
Luke McConnell
Luke McConnell is currently a Major in the United States Marine Corps. In accordance with standard administrative procedure, he was initially removed from command of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marines following an alleged November 2005 war crime in Haditha, Iraq,...

 were charged with dereliction of duty. Stone also faced an additional count of violating a lawful order. All charges against Stone were later dropped.
Grayson was acquitted on all counts.

Pre-trial hearings

Testimony in an Article 32 investigation for Capt. Randy W. Stone, equivalent to a civilian grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 proceeding, began on May 8, 2007. At the hearing, Marine Lt. William Kallop, the platoon commander who ordered Marines to "clear" four houses, testified that the rules of engagement were followed and that no mistakes had been made. He stated that a Marine on the scene had reported seeing a suspected insurgent in the vicinity. Kallop also believed that small arms fire was being directed from the first house attacked by the Marines.

On May 9, Sergeant Sanick De la Cruz, who received immunity in return for testimony, testified that he watched Staff Sergeant Frank Wuterich shoot five Iraqis who were attempting to surrender. Cruz further testified that both he and Wuterich fired into the bodies of the five after they were dead, and that he had urinated on one of the dead Iraqis.
No weapons were found in the white taxi.

The US military has attempted to subpoena material from a 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....

interview with Staff Sergeant Wuterich, specifically material where Wuterich admits to ordering his men to "shoot first and ask questions later." The interview includes Wuterich insisting he perceived a threat from house 1 but saw no gun fire from that house and that he saw no insurgent enter that house. He suggests he saw the dead family in house 1 and proceeded to assault house 2 based on a guess that the gunman may have entered that house. The Marines knocked on the door of house 2 and when someone came to answer they fired through the door killing what they saw to be an unarmed man. They then assaulted the house and killed the family inside. Wuterich believes now that there was probably no threat to begin with.

The Article 32 investigation recommended Capt. Randy W. Stone's criminal charge be dismissed, but that he face a new lesser charge that would be handled administratively for failing to investigate the incident properly. The charges against Stone were dropped on August 9.

Lt. Col. Jeffrey Chessani was recommended to face court-martial for having "failed to thoroughly and accurately report and investigate a combat action that clearly needed scrutiny." On June 17, 2008 Military Judge Colonel
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...

 Steven Folsom dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds that General
General (United States)
In the United States Army, United States Air Force, and United States Marine Corps, general is a four-star general officer rank, with the pay grade of O-10. General ranks above lieutenant general and below General of the Army or General of the Air Force; the Marine Corps does not have an...

 James Mattis
James Mattis
James N. Mattis is a United States Marine Corps general and the current commander of United States Central Command. Having replaced David Petraeus on August 11, 2010, he previously commanded United States Joint Forces Command from November 9, 2007 to August 2010 and served concurrently as NATO's...

, who approved the filing of charges against Chessani, was improperly influenced by an investigator probing the incident. The ruling was without prejudice, which allows the prosecution to refile.

Lt. Col. Paul Ware, the Inspecting Officer for several of the enlisted Marines, recommended on July 11, 2007 that LCpl. Justin Sharratt be cleared of these charges. Ware stated, "[t]he government version is unsupported by independent evidence... To believe the government version of facts is to disregard clear and convincing evidence to the contrary." The charges against Sharratt were dropped on August 9.

Article 32 hearings for LCpl. Stephen Tatum began July 16, and for SSgt. Frank Wuterich begins in August. The investigating officer recommended charges be dropped against Tatum.

Charges dropped

On April 17, 2007, the Marine Corps dropped all charges against Sgt. Sanick P. De la Cruz in exchange for his testimony. Seven other Marines involved in the incident have also been granted immunity.

On August 9, 2007, all charges against Lance Cpl. Justin Sharratt and Capt. Randy Stone were dropped. On October 19, Lance Cpl. Justin Sharratt's commanding officer decided the charges should be lowered to involuntary manslaughter, reckless endangerment and aggravated assault.

On September 18, 2007, all charges against Captain Lucas McConnell were dropped in exchange for immunity and his cooperation with the investigation.

On March 28, 2008, all charges against LCpl. Stephen Tatum were dropped.

On June 17, 2008, all charges against Lt. Col. Jeffrey Chessani were dismissed by the military judge citing unlawful command influence. The Marine Corps appealed that ruling in 2008. On March 17, 2009, a military appeals court upheld the dismissal of the war crimes charges against Chessani. Facing an administrative Board of Inquiry, it also found no misconduct and recommended that Chessani be allowed to retire without loss of rank.

On June 5, 2008, 1stLt Andrew Grayson was acquitted of all charges stemming from the Haditha incident. He had been charged with deleting photos of the deceased Iraqis in order to obstruct the investigation. He had also been charged with failing to notify the Marine Corps administrative chain of command of his legal status when his term of service was expired and he was discharged from the Marine Corps.

Reaction

According to Sidney Blumenthal
Sidney Blumenthal
Sidney Blumenthal is a former aide to President of the United States Bill Clinton and a widely published American journalist, especially on American politics and foreign policy....

 in a Salon Magazine article,

"The coverup at Haditha reportedly began instantly. However, an Iraqi journalism student shot a video the day after of the bloodstained and bullet-riddled houses where the massacre had occurred. That video made its way to an Iraqi human rights group and finally to Tim McGirk, a correspondent from Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...

magazine. When Time made its first queries, the Marine spokesman, Capt. Jeffrey S. Pool, who had issued the first statement on Haditha as an action against terrorists months earlier, told reporters that they were falling for al-Qaida propaganda. 'I cannot believe you're buying any of this,' he wrote in an e-mail. Nonetheless, word reached Lt. Gen. Peter W. Chiarelli, the second-highest-ranking U.S. military officer in Iraq, that there had been no investigation and he ordered one immediately."


According to the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....

, military and congressional sources distinguished between two squads: the original Marine squad involved in the explosion and shootings, and a Marine intelligence squad that took photos shortly after the shootings. According to LA Times sources, no investigation occurred until after a March 2006 Time magazine story alleging a massacre, even though the intelligence squad's photos were inconsistent with the Marine squad's report of a firefight. According to the Time story, military officials blamed the delay of the investigation on the Marine squad's efforts to cover up the events:
"Military officials say they believe the delay in beginning the investigation was a result of the squad's initial efforts to cover up what happened."

However, both military and congressional sources said that the "intelligence team" that took photos after the firefight did not appear to participate in any improper action:
"...[m]ilitary and congressional sources said there was no indication that the members of the intelligence team did anything improper or delayed reporting their findings."


The same LA Times story quoted Republican Representative John Kline
John Kline (politician)
John Paul Kline is the U.S. Representative for , serving since 2003. The district includes most of the southern suburbs of the Twin Cities, including Apple Valley, Inver Grove Heights, Burnsville and Eagan. He is a member of the Republican Party.-Early life, education and career:Kline was born...

 of Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

 as follows:
"There is no question that the Marines involved, those doing the shooting, they were busy in lying about it and covering it up — there is no question about it. But I am confident, as soon as the command learned there might be some truth to this, they started to pursue it vigorously. I don't have any reason now to think there was any foot dragging."


In June 2006, Iraqi Prime Minister Nouri al-Maliki
Nouri al-Maliki
Nouri Kamil Mohammed Hasan al-Maliki , also known as Jawad al-Maliki or Abu Esraa, is the Prime Minister of Iraq and the secretary-general of the Islamic Dawa Party. Al-Maliki and his government succeeded the Iraqi Transitional Government. He is currently in his second term as Prime Minister...

 condemned the killings and called for a swift investigation, saying: "The crime and misery of Haditha ... is a terrible crime where women and children were eliminated."

John Dickerson
John Dickerson
John Frederick Dickerson is an American journalist. He is chief political correspondent for Slate magazine and political director of CBS News. Before joining Slate, he covered politics for 12 years for Time, including his last four as the magazine’s White House correspondent.-Biography:A native...

 and Dahlia Lithwick
Dahlia Lithwick
-External links:*...

 of Slate
Slate (magazine)
Slate is a US-based English language online current affairs and culture magazine created in 1996 by former New Republic editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. On 21 December 2004 it was purchased by the Washington Post Company...

suggested that the Iraqis should be able to put the Marines on trial even though 85% of Iraqi Sunnis opposed coalition forces:
"Let's let the Iraqis put the Americans alleged to have committed these crimes on trial. The United States wants to encourage the fledgling Iraqi institution of democracy, right? That's why we wanted Saddam tried in Iraq, and through the Iraqi judicial system--both to build up its legitimacy and to give Iraqis the sense of ownership that comes with having control over the legal process. Why, then, shouldn't we also turn over our own soldiers who were involved in either the Haditha massacre or any of the other possible massacres for trial under the Iraqi justice system?"


News website NewsMax suggested that the killings were not "unprovoked", and could have been "staged", and called Haditha "a hotbed of insurgent activity":
"Plainly, not all the residents of this terrorist hotbed were as innocent as Marine media critics are now claiming."

Comments by Representative Murtha

On May 17, 2006, Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 Representative John Murtha
John Murtha
John Patrick "Jack" Murtha, Jr. was an American politician from the U.S. state of Pennsylvania. Murtha, a Democrat, represented Pennsylvania's 12th congressional district in the United States House of Representatives from 1974 until his death in 2010....

 of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

, a retired Marine colonel and critic of the war, stated at a news conference that an internal investigation had confirmed the story.
He was quoted as saying:
"There was no firefight, there was no IED (improvised explosive device) that killed these innocent people. Our troops overreacted because of the pressure on them, and they killed innocent civilians in cold blood."


On August 2, 2006, Marine Corps Staff Sergeant Frank D. Wuterich, who led the accused squad, filed suit for libel and invasion of privacy. The filing stated Murtha "tarnished the Marine's reputation by telling news organizations in May that the Marine unit cracked after a roadside bomb killed one of its members and that the troops 'killed innocent civilians in cold blood.' Murtha also said repeatedly that the incident was 'covered up.' " As of June 2008, Wuterich is charged with nine counts of manslaughter. Wuterich's lawsuit was dismissed in 2009.

On September 25, 2008 former Lance Cpl. Justin Sharratt, one of the Marines exonerated in the hearings, filed a slander suit against Rep. Murtha. The lawsuit states that "Sharratt, in being labeled repeatedly by Murtha as a 'cold-blooded murderer,' and by Murtha outrageously claiming that the Haditha incident was comparable to the infamous (My Lai) massacre of Vietnam, has suffered permanent, irreversible damage to his reputation."

Comparisons with My Lai massacre and other incidents

Many news reports have compared the Haditha Killings to the My Lai massacre
My Lai Massacre
The My Lai Massacre was the Vietnam War mass murder of 347–504 unarmed civilians in South Vietnam on March 16, 1968, by United States Army soldiers of "Charlie" Company of 1st Battalion, 20th Infantry Regiment, 11th Brigade of the Americal Division. Most of the victims were women, children , and...

 during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

, with some commentators describing it as "Bush's My Lai," or "Iraq's My Lai." Very often, the killings have been described as part of a wider pattern of perceived human rights abuses committed by coalition forces in Iraq. As a Spiegel
Der Spiegel
Der Spiegel is a German weekly news magazine published in Hamburg. It is one of Europe's largest publications of its kind, with a weekly circulation of more than one million.-Overview:...

reporter notes in an interview with Michael Sallah, who won a Pulitzer Prize
Pulitzer Prize
The Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...

 for his investigation of atrocities committed by the Tiger Force
Tiger Force
Tiger Force was a task force of the United States Army, 1st Battalion , 327th Infantry Regiment, 1st Brigade , 101st Airborne Division, which fought in the Vietnam War....

 unit in Vietnam, "you would have difficulties finding a single newspaper in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, or elsewhere in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

, that does not deal with My Lai, Abu Ghraib
Abu Ghraib torture and prisoner abuse
Beginning in 2004, human rights violations in the form of physical, psychological, and sexual abuse, including torture, rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq came to public attention...

, and Haditha in the same commentary." It is suggested that the Haditha killings may, like the My Lai Massacre, result in further reduction of American public support for the conflict. Some reject that comparison, including Christopher Hitchens
Christopher Hitchens
Christopher Eric Hitchens is an Anglo-American author and journalist whose books, essays, and journalistic career span more than four decades. He has been a columnist and literary critic at The Atlantic, Vanity Fair, Slate, World Affairs, The Nation, Free Inquiry, and became a media fellow at the...

, who has written that "all the glib talk about My Lai is so much propaganda and hot air." The massacre has also been compared to recent human rights violations in Afghanistan, particularly the Shinwar Massacre
Shinwar Massacre
The 2007 Shinwar shooting refers to the killing of a number of Afghan civilians by US Marines who were fleeing the scene of a bomb attack, in the Shinwar District of the Nangarhar Province of Afghanistan on March 4, 2007. According to some reports, as many as 19 civilians were killed and 50 injured...

.

The most frequent parallel drawn between the execution of 504 Vietnamese villagers at My Lai and the two dozen Iraqis killed in Haditha is the military instinct to cover-up and whitewash civilian deaths. Martin Shaw pointed out on the analysis website OpenDemocracy , that of the 22 officers put on trial for the My Lai massacre, all were acquitted except for Lieutenant William Calley, who served only three and a half years of his life sentence. Professor Shaw observed that "in the few cases in which soldiers have been accused over atrocities in Iraq and Afghanistan, convictions have been few and far between."

Comparisons have also been made to the case of Ilario Pantano
Ilario Pantano
Ilario G. Pantano is a former United States Marine Corps second lieutenant. He has also been an author, a television commentator, and served as a deputy sheriff in Wilmington, North Carolina...

, who was initially charged with premeditated murder in Iraq but this was dropped after it was determined there was no credible evidence or testimony. Pantano himself has spoken out in defense of the "Haditha Marines," objecting to the "rush to judgement."

Interviews conducted by The Nation
The Nation
The Nation is the oldest continuously published weekly magazine in the United States. The periodical, devoted to politics and culture, is self-described as "the flagship of the left." Founded on July 6, 1865, It is published by The Nation Company, L.P., at 33 Irving Place, New York City.The Nation...

revealed the following about Iraqi civilian deaths:

Allegations of investigative failures

Family, friends, defense lawyers and conservative talk radio host Michael Savage
Michael Savage (commentator)
Michael Savage is a conservative American radio host, author, and political commentator. He is the host of The Savage Nation, a nationally syndicated talk show that airs throughout the United States on Talk Radio Network...

 have openly criticized the Naval Criminal Investigative Service
Naval Criminal Investigative Service
The United States Naval Criminal Investigative Service is the primary security, counter-intelligence, counter-terrorism, and law enforcement agency of the United States Department of the Navy...

 (NCIS) for its role in this case. They highlight the recent string of immunities granted as a sign of possible NCIS bungling. Others have lambasted the NCIS for being slow to act.

Film

The 2007 film Battle for Haditha
Battle for Haditha (film)
Battle for Haditha is a 2007 drama film directed by British director Nick Broomfield loosely based on the Haditha killings. Dramatising real events using a documentary style, Battle for Haditha is Broomfield's follow up to Ghosts. The film was aired on Channel 4 in the UK on 17 March 2008.-Plot:The...

was based on the incident.

See also

  • Battle of Haditha
    Battle of Haditha
    Not to be confused with the 2007 film Battle for Haditha which portrays the Haditha killings.The Battle of Haditha was a battle fought between U.S...

  • Human rights in post-invasion Iraq
  • Ilario Pantano
    Ilario Pantano
    Ilario G. Pantano is a former United States Marine Corps second lieutenant. He has also been an author, a television commentator, and served as a deputy sheriff in Wilmington, North Carolina...


Incidents

  • Hamdania incident
    Hamdania incident
    The Hamdania incident refers to an incident involving members of the United States Marines in relation to the shooting death of a possible insurgent Iraqi man on April 26, 2006 in Al Hamdania, a small village west of Baghdad near Abu Ghraib...

  • Ishaqi incident
    Ishaqi incident
    The Ishaqi incident refers to the reported mass murder of Iraqi civilians allegedly committed by United States forces in the town of Ishaqi in March 2006. After the incident, Iraqi police accused the US troops of rounding up and deliberately shooting 11 people, including five children and four...

  • Mahmudiyah killings
    Mahmudiyah killings
    The Mahmudiyah killings and gang-rape of a 14-year-old girl by U.S. troops occurred on March 12, 2006, in a house to the southwest of Yusufiyah, a village to the west of the town of Al-Mahmudiyah, Iraq. Five United States Army soldiers of the 502nd Infantry Regiment were charged with the crimes: ...

  • Mukaradeeb wedding party massacre
  • FOB Ramrod kill team
    FOB Ramrod kill team
    The Maywand District killings refer to the murder of three Afghan civilians perpetrated by a group of United States Army soldiers in 2010, during the War in Afghanistan...

     in War in Afghanistan
  • My Lai massacre
    My Lai Massacre
    The My Lai Massacre was the Vietnam War mass murder of 347–504 unarmed civilians in South Vietnam on March 16, 1968, by United States Army soldiers of "Charlie" Company of 1st Battalion, 20th Infantry Regiment, 11th Brigade of the Americal Division. Most of the victims were women, children , and...

     in Vietnam
    Vietnam War
    The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...


External links

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