Dealing with Haditha

[davidbfpo]

Mike,

Thanks for all your posts on this difficult subject.

You and others might enjoy a short BBC radio interview:http://news.bbc.co.uk/today/hi/today...00/9685106.stm

Utah University law professor Amos Guiora reflects on the outcome of the trial and the Nick Broomfield, who made the documentary Battle for Haditha, outlines his views.

Prof. Guiora is an ex-IDF prosecutor, his bio:http://www.law.utah.edu/faculty/facu...id=amos-guiora

[jmm99]

David: Your kind words are welcome.

From Reuters, U.S. Marine spared jail time in Iraq killings:

(Reuters) - A U.S. Marine sergeant accused of leading a 2005 massacre of 24 civilians in Haditha, Iraq, was spared jail time on Tuesday for his role in the killings that brought international condemnation of American troops.

Staff Sergeant Frank Wuterich, 31, was sentenced instead to a demotion to the rank of private, the lowest rank in the service, a day after he pleaded guilty to a single count of dereliction of duty.

I won't discuss reportorial bias here. As the Indian kid asked, "Why is it that when we Indians won, it's called a massacre; but, when you white people won, it's called a great victory ?"

The reduction in grade is outside the guidelines for maximum punishment for negligent dereliction of duty (MCM, IV-25):

(3) Dereliction in the performance of duties.

(A) Through neglect or culpable inefficiency. Forfeiture of two-thirds pay per month for 3 months and confinement for 3 months.

(B) Willful. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Whether that is now of any materiality, I'll leave to the attorneys who are handling the case.

Regards

Mike

[JWing]

AL JAZEERA VIDEO: Plea Deal For Haditha Killings Sparks Outrage In Iraq

PBS NEWSHOUR VIDEO: Was Justice Served After Haditha Killings?

PBS NEWSHOURS: Plea Deal In Haditha Killings Opens New Wounds In Iraq

[jmm99]

As the Pendleton court-martial was concluding on Tuesday, I happened to run into this tidbit from Reuters, U.N. rights chief shocked at numerous Iraq executions:

GENEVA | Tue Jan 24, 2012 11:55am EST

GENEVA (Reuters) - The top United Nations human rights official criticized Iraq on Tuesday for carrying out a large number of executions, including 34 on a single day last week, and voiced concern about due process and the fairness of trials.

"Even if the most scrupulous fair trial standards were observed, this would be a terrifying number of executions to take place in a single day," U.N. High Commissioner for Human Rights Navi Pillay said, in a statement referring to executions carried out on January 19.

"Given the lack of transparency in court proceedings, major concerns about due process and fairness of trials, and the very wide range of offences for which the death penalty can be imposed in Iraq, it is a truly shocking figure," she added.

At least 63 people are believed to have been executed since mid-November in Iraq, where the death penalty can be imposed for some 48 crimes including a number related to non-fatal crimes such as damage to public property, Pillay said.

"Most disturbingly, we do not have a single report of anyone on death row being pardoned, despite the fact there are well documented cases of confessions being extracted under duress," she said. ...

I didn't report the above item then because I expected something like this (making a nice couplet), Iraq says to take legal action for Haditha victims:

Aseel Kami – Thu Jan 26, 12:07 pm ET

BAGHDAD (Reuters) – Iraq plans legal action on behalf of families of victims killed by U.S. troops in a 2005 massacre after the last soldier involved was spared jail time by a guilty plea with military authorities, a government spokesman said Thursday.

The Haditha massacre that killed 24 Iraqis, alongside the Abu Ghraib prison scandal and shootings by U.S. contractors in 2007, stoked global outrage against the nearly nine-year U.S. military presence after the 2003 invasion.

The last U.S. soldier accused in leading the massacre, Staff Sergeant Frank Wuterich, was spared jail-time Tuesday when he was sentenced after pleading guilty to dereliction of duty. Original charges of involuntary manslaughter were dismissed.

"We will seek legal means to maintain the rights of the innocent citizens who were killed in the incident," said Ali al-Moussawi, media adviser to Prime Minister Nuri al-Maliki.

"We will follow whatever course we can follow legally," Moussawi said without giving details on actions. ...

Are these a "Hearts and Minds" couplet, a "Rule of Law" couplet, an "Adventures in State Building" couplet, or something including all of the above ?

Regards

Mike

[Polarbear1605]

http://smallwarsjournal.com/blog/strategic-legalism
and now its over.
http://www.freerepublic.com/focus/f-news/2839523/posts reply #34

[jmm99]

Yup, that old retired duffer Bob Weimann (at post #34) does write well - no purple tongue him :

As Marines, SSgt Frank Wuterich's Haditha Court Martial tears at our souls. If asked; "is SSgt Frank Wuterich any less of a Marine in your eyes?" I suspect most Marines would answer with a strong; "No!"

I personally think SSgt Wuterich is a hero. Other Marines can say that he did not fight to the end, not only for his own honor but also for the honor of the other accused Marines. Like those Marines, I also would have preferred that SSgt Wuterich continue to fight for a not guilty declaration. Those two feelings are the basic elements that cause conflict in our Marine psyche and ethos.

The Marine Corps senior leadership threw everything they had at this Marine and with those actions they compromised the loyalty and responsibility that they owe to all who serve and call themselves Marines. SSgt Wuterich held his post under tremendous pressure for over six years. For the last two years, he was basically alone in his legal foxhole without his leaders and fellow comrades. Folks like the defendourmarines crew and readers provided what support we could but it is not the same as fighting shoulder to shoulder in the same crucible. Our legal system is based on the rights of the individual and therefore, it forces the accused to stand alone. Six years is an amazing amount of time when you realize that the Haditha incident lasted longer then World War II.

In my opinion, the Marine Corps leadership, at its highest levels, bears the most responsibility for this mess. Instead of using their often touted leadership skills, the generals deferred to their political cronies and lawyers. It pains me tremendously to make that statement because, besides being a retired Marine, Dad is a retired Marine Sgt Major. I was born on Quantico making the "Cross roads of the Marine Corps" my home town. My brother was a Marine and we both served together in Desert Storm. I was married in the Quantico Chapel and Dad is buried at the Quantico National Cemetery next to the Marine Corps Museum. Marine Corps pride and honor is part of me.

I believe LtCol Chessani, Major McConnell, 1stLt Grayson, LCpl Sharratt, LCpl Tatum, and Capt Stone have demonstrated the leadership and courage that exceeds any definition of valor. I would also include Major Jeffery Dinsmore in that group. He is also a hero and as a Marine he humbles me. I can comfortable saying I know how the Major feels. I have been wrestling with those same feelings since the announcement of the court martial deal. The SSgt's decision and Major Dinsmore's feelings that the SSgt should have continued to fight represents that inner conflict in our Marine soul that, no matter which way we turn, it leaves no peace. The smart folks would call it cognitive dissonance. The conflict between the loyalty and honor, taught and instill in us by the Marine Corps, and a piece bad generalship is its basic essence that tears and eats at our hearts.

With Dinsmore's speech, I have no bitch in general. I didn't like the tone of these two paragraphs:

For six years, the officers and men of 3rd Battalion, 1st Marines firmly believed that no unlawful action took place on November 19th. We believed this based on the available intelligence before, during, and after November 19th, based on the enemy's stated objective of a propaganda victory that would erode our combat effectiveness, and based on our detailed knowledge of the context of November 19th's day-long, high-intensity combat. We accepted challenges to our integrity, accusations of a unit cover-up, and institutional condemnation by our Corps. Men like LtCol Chessani and 1stLt Grayson refused numerous plea offers from the government, including letters of reprimand with no punishment whatsoever. With SSgt Wuterich's admission of guilt, however, we must accept that a cover-up took place, even if unwittingly. With his admission of guilt, we must accept that some unlawful action was committed by a member of SSgt Wuterich's squad.

Today the judge handed down the maximum possible sentence. While a portion of that sentence was restricted by the terms of the plea agreement, it is right and just that Frank Wuterich no longer be a Staff Non-commissioned Officer in the Marine Corps. I wish Frank the best in his future endeavors, and empathize with his difficult personal decision to accept responsibility for the unlawful actions committed by one or more members of his squad. But any Marine who is guilty of negligence and dereliction with results on the scale of November 19th, 2005 cannot lead Marines. Ever again.

To me, Frank Wuterich was WIA on the battlefield of legalisms - and I will stop right there.

As to "and now it's over" - only in that venue. The struggle continues. For example, this and preceding Gotovina posts.

Regards

Mike

Nice to see you have some things in common with that Bob character. Though I understand you were taken from an Arctic ice floe by a Marine and brought back to Quantico, etc.

[KingJaja]

I am not an American and I don't usually post on topics like this.

However, I really believe that the USG should explain why nobody was seriously punished for the apparent murder of twenty four Iraqis. To the rest of the World it appears as if different standards of justice apply to the US Military, that the US does not practice what it preaches.

And this is coming on the heels of Abu Ghraib.

Many of you Americans don't really grasp how far the perception of the US and its Military has fallen this past decade. You might brush it off and say it doesn't matter - it actually does.

This is a PR problem that needs to be handled extremely carefully. To remain silent or to conceal information will do more damage in the long run.

[jcustis]

The Marine Corps senior leadership threw everything they had at this Marine and with those actions they compromised the loyalty and responsibility that they owe to all who serve and call themselves Marines.

Funny, this comment. To do anything less would have compromised our integrity, and frankly, damaged a bit of our credibility when we "say what we mean and mean what we say" to others outside our tiny bubbles.

Kind of like a nasty Catch-22.