Haditha massacre

Haditha killings
Part of the Iraq War
The scene in one of the houses in Haditha, Iraq, a day or two after the November 19, 2005 killings.
Date November 19 2005 Location Haditha, Iraq Result 24 Iraqis (15 to 24 civilians) killed; 3 Marines charged with murder

The Haditha killings (also called the Haditha incident or the Haditha massacre) refers to the incident where 24 Iraqis were killed on November 19 2005 in Haditha, a city in the western Iraq province of Al Anbar. At least 15, and allegedly all, of those killed were noncombatant civilians and all are alleged to have been killed by a group of United States Marines. Some allege the killings were retribution for the attack on a convoy of United States Marines with an improvised explosive device that killed Lance Corporal Miguel Terrazas.

A Marine Corps communique initially 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, evidence uncovered by the media contradicted the Marines' account. The Time magazine reporter's questions prompted the U.S. 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 women and children", according to an anonymous Pentagon official. On December 21, 2006, eight Marines from 3rd Battalion, 1st Marines were charged in connection with the incident.

In the course of Article 32 hearings, which have not yet concluded, conflicting testimony has been presented, some of it rebutting the case made by prosecutors and widely cited in the media. The investigating officer has told the prosecution so far, "The account you want me to believe does not support unpremeditated murder." A U.S. Marine general dropped the charges against Lance Cpl. Justin Sharratt, who had been accused of murder, and against Capt. Randy Stone, accused of failing to investigate the incident.

Article 32 proceedings continue against other defendants.

Events

Background

Since the 2003 invasion of Iraq, U.S. military forces have been stationed in and around Haditha to control the Haditha Dam, a major hydroelectric installation. The area had seen several clashes between U.S. forces and insurgent groups since the beginning of the Iraq war with many fatalities on both sides.

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

The roadside bombing

On November 19, 2005 Lance Corporal Miguel Terrazas was killed in a 7:15AM roadside bombing, in which two other Marines were wounded. The Haditha killings were allegedly in response to this attack.

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, Hibbah, 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 Aeda Yasin Ahmed, father.

9. Aeda 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 -- daughtert.

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 in one car, were shot dead by Marines in the street as suspected insurgents. 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 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 reported the deaths of a U.S. marine and 15 civilians. It said that the death of the civilians was a consequence of a road side 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 US 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 to the hospital around midnight on November 19th. While the Marines claim that the victims had been killed by shrapnel from the roadside bomb, 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 a total of $38,000 to families of 15 of the civilians killed.

Legal proceedings

The intentional killing of civilians, or indeed of any unarmed people, is prohibited by modern laws of war derived from the UN Charter, the Hague Conventions and the Geneva Conventions, and constitutes a war crime. The Marines and officers are expected to face courts martial under the Uniform Code of Military Justice, which is U.S. military law.

Investigations

On February 14 2006, a preliminary investigation was ordered by Lt. Gen. Peter Chiarelli, after video evidence was released, which conflicted with the initial U.S. report. On March 9, a criminal investigation was launched, led by the Naval Criminal Investigative Service, to determine if the troops deliberately targeted Iraqi civilians.

On March 19, the U.S. military officials confirmed that contrary to the initial report, 15 civilians were accidentally killed due to the U.S. marines and not Iraqi insurgents.

Staff Sergeant Frank Wuterich, the squad leader, was investigated. Several official investigations were instigated. The first, under United States Army Maj. Gen. Eldon Bargewell, investigated how the incident was reported through the chain of command. A second investigation, headed by the Naval Criminal Investigative Service, saw into the criminal aspects of the incident. A third investigation was launched by the Iraqi government.

On June 2 2006, news outlets had reported that 24 Iraqis were killed, none as a result of the bomb explosion. The news came in anticipation of the results of the military's 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 first investigation, under U.S. Army Maj. Gen. Eldon Bargewell 2006, The Times published the result of its investigations and interviews with eye witnesses. It noted that the "official investigation has already resulted in the removal of Lieutenant Colonel Jeffrey Chessani, the commanding officer, and Captain Luke McConnell and Captain James Kimber, 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.

In addition, the Associated Press reported on June 1, 2006 that the Iraqi government decided to launch its own probe into the alleged killing of 24 unarmed Iraqi civilians by U.S. Marines last year. Adnan al-Kazimi, an adviser to Prime Minister Nouri al-Maliki, said the decision was made during a Cabinet meeting and the probe will be carried out by a special committee made up of the Justice and Human Rights ministries along with security officials.

Charges leveled

On December 21, 2006, the U.S. military charged eight Marines in connection with the incident. Four of the marines, Frank Wuterich, Sanick de la Cruz, Justin Sharratt and Stephen Tatum were accused of unpremeditated murder. Tatum was further charged with negligent homicide and assault, 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, was charged with one count of violating a lawful order and two counts of dereliction of duty. First Lieutenant Andrew Grayson was charged with obstruction of justice, dereliction of duty, and making a false statement, while Captain Randy Stone and Captain Lucas McConnell were charged with dereliction of duty. Stone also faced an additional count of violating a lawful order . All charges against Stone were dropped. [6].

Immunity

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

Charges dropped

On August 9, 2007, all charges against Justin Sharratt and Randy Stone were dropped. [7]

Pre-trial hearings

Testimony in an Article 32 investigation for Capt. Randy W. Stone, equivalent to a civilian grand jury 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 rules of engagement were followed and nothing wrong was done. When asked what mistakes were made, he said none, and went on to describe that the Marines on the scene pinpointed small arms fire as coming from those homes, and saw a known insurgent run into one of the homes.

On May 9, Sergeant Sanick Dela 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 Wuterlich fired into the bodies of the five after they were dead, and that he had urinated on one of the dead Iraqis.

During the trial, Maj. Dana Hyatt, then a civil affairs officer for the 3rd Battalion, 1st Marines, testified that eight of the dead were insurgents, contradicting Marine Corps claims that all 24 slain were civilians. The eight consist of four men killed in one house and the four passengers in the taxi, who were said to be insurgents based on an unconfirmed report of weapons in the car. No weapons were found in the white taxi. Capt. Jeffrey Dinsmore, the intelligence officer for the battalion, testified that “it's fairly well established through the (unmanned aerial vehicle) coverage that there were insurgents in those homes."

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 9th.

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."

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 9th.

Article 32 hearings for LCpl. Stephen Tatum began July 16, and for SSgt. Frank Wuterich begins in August.

Evidence for the killings

The US Marines investigation has avoided public pronouncements. Nonetheless, in June 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.

Video shot by the founder of the Hammurabi Human Rights Group, Taher Thabet, which instigated Tim McGirk's original Time 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. The term "execution-style" has been used by anonymous U.S. military officials to describe the killings. 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.

McGirk's first article on this story had associated this group with the imprimatur of Human Rights Watch. A correction was issued when this turned out to be untrue. McGirk, who is based in Jerusalem, declined to testify at the hearings.

Reaction

According to Sidney Blumenthal 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 McGuirk, a correspondent from Time 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, 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, although the intelligence squad's photos were inconsistent with the Marine squad's report of a firefight, no investigation occurred until after a March 2006 Time Magazine story alleging a massacre. According to the 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.

In the same LA Times story, Republican Representative John Kline of Minnesota was quoted as saying:

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.

Iraqi Prime Minister Nouri al-Maliki condemned the killings and called for a swift investigation in June 2006. "The crime and misery of Haditha ... is a terrible crime where women and children were eliminated," he said.

John Dickerson and Dahlia Lithwick of Slate suggested that the Iraqis should be able to put the Marines on trial even though 85% of Iraq's 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?

Conservative news website NewsMax observed after the initial reporting:

In an April report that pre-dates the uproar over the Haditha allegations, a Marine press release describes the Iraqi town as "a hotbed of insurgent activity less than a year ago." That would be about the time of the so-called Marine massacre.

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 Representative John Murtha of Pennsylvania, 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 22006, Marine Corps staff sergeant Frank D. Wuterich, who led the accused squad, filed suit for libel and invasion of privacy. The filing states 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." Wuterich was charged with 13 counts of murder on December 21, 2006.

Comparisons with My Lai Massacre and other incidents

Many news reports have compared the Haditha Killings to the My Lai Massacre during the Vietnam War, 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 reporter notes in an interview with Michael Sallah, who won the Pulitzer Prize for his investigation of atrocities committed by the Tiger Force unit in Vietnam , "you would have difficulties finding a single newspaper in Germany, or elsewhere in Europe, that does not deal with My Lai, Abu Ghraib, 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. That comparison is not accepted by everyone, including Christopher Hitchens, who characterized the My Lai comparisons as, "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.

Comparisons have also been made to the case of Ilario Pantano, 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."

The Nation Interviewed a group of marines who had served extensively in Iraq and they had this to say about Iraqi civilian deaths,

Some participated in such killings; others treated or investigated civilian casualties after the fact. Many also heard such stories, in detail, from members of their unit. The soldiers, sailors and marines emphasized that not all troops took part in indiscriminate killings. Many said that these acts were perpetrated by a minority. But they nevertheless described such acts as common and said they often go unreported - and almost always go unpunished.

Allegations of investigative failures

It should be noted that family, friends, and several conservative talk radio hosts (Michael Savage and others) have openly criticized the NCIS for its role in this case. They highlight the recent string of immunities granted as a sign of the NCIS bungling. Some media reports detail harsh interrogation techniques, failure to include evidence, and other NCIS mishaps. Others have lambasted the NCIS for being slow to act.

Radio talk show host Michael Savage compared the allegations to the movie Paths of Glory. He accused Wikipedia of smearing and with regards to the movie about the event coming out in 2008, suggested that he would lead a protest in front of the home of Steven Spielberg. Savage has also recently been donating to the legal defense funds of the accused marines.

Some reports also show that the video used to accuse Marines may have been highly edited. One intelligence officer in the military has revealed a partial video of the Haditha incident filmed from a drone aircraft, as well as other exculpatory evidence in defense of the Haditha Marines. The intelligence officer accuses the NCIS of exaggerating and covering up evidence, such as a polygraph test one marine passed.

Conditions in Kilo Company Camp

On June 20, 2006, the BBC ran an article alleging that conditions in the Kilo company headquarters were "feral." The four hundred men were based at a dam three miles from Haditha. The camp was described as a "decaying rabbit-warren." As a result, unofficial shacks had been set up outside the building to house Marines. Oliver Poole, a reporter who visited the camp, called the conditions filthy and disgusting. He said:

The fact that the officers had let conditions deteriorate to the level in which where people living [sic] in such basic environment, that says something," he said. "Where were the officers keeping the standards that the US military keeps in the field?"

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 informants were common.

Even today, conditions on the Marine Forward Operating Base still have not improved. The base located near Haditha Dam is regarded by Marines as one of the worst places to be stationed due to living conditions. There is no running water, so Marines who need a shower are required to use a water bottle as a "field shower."

Film

2008 is the intended release date of Battle For Haditha, a film that portrays the Haditha massacre, directed by film-maker Nick Broomfield and starring Elliot Ruiz as Cpl. Ramirez, a good Marine who loses his composure after watching a friend die. The film also features Jase Willette as Pfc. Cuthbert, the young Marine whose death sets off the chain of events that become the Haditha Massacre. Yasmine Hanani stars as Hiba, a young Iraqi woman stuck in the middle of the chaos, Eric Mehalacopoulos as the no non-sense Sgt. Ross, Falah Flayla as a former Iraqi Army Officer turned insurgent, and Thomas Hennessy as a Navy Corpsman assigned to Kilo company. Haditha assembles a cast that includes former U.S. Marines and Iraqi refugees.

In it, an angry but honorable Iraqi man is driven to revenge and joins an insurgency against an occupying army. Frightened villagers let him plant a bomb targeting a passing military convoy. An exemplary Marine, infuriated by the death of a cherished comrade, opens fire on the villagers, killing innocents.

The film was shot in an unconventional way whereas instead of a detailed script, there was only an outline of each scene and where the story was going. Actors would then improvise much of the dialogue based on Broomfield's instructions. The film has been picked up for international sales by Dreamachine and will also air on More4 in the UK.Channel 4.

See also

• Human rights in post-Saddam Hussein Iraq
• Command responsibility
• Ilario Pantano
• 3rd Battalion, 1st Marines
• List of military scandals

Incidents

• Hamdania incident
• Ishaqi incident
• Mahmudiyah incident
• Mukaradeeb wedding party massacre

External links

• What happened at Haditha? BBC Dec 26, 2006
• Open Letter to Gen. Mattis Reminder of the dangers of railroading
• Video Taken By Journalism Student Key as 12 Americans Face War Crimes Probe in Iraq, Editor & Publisher.
• Radio interview with Aparisim Ghosh about Haditha, Democracy Now!.
• Haditha and My Lai: Lessons from the Law of War, JURIST.
• Iraq rights group on Haditha denies rebel links
• The Crimes at Haditha: A Briefing at the Crimes of War Project
• The Haditha Massacre, One Year Later
• USMC Haditha, Iraq Investigation - Preferred Charges and Specifications
• Rules of Engagement - November 2006, Vanity Fair
• "Lieutenant testifies about Haditha deaths. Officer stands by call not to investigate." By Steve Liewer UNION-TRIBUNE STAFF WRITER, May 9, 2007. Describes the charges and the first day of Article 32 hearings of the Haditha trial.
• Haditha Massacre: Was it an Isolated Event and Did the Military Try to Cover it Up?, Democracy Now!, May 30, 2006.
• Staff Sergeant Frank Wuterich official support website
• Lance Corporal Justin Sharratt official support website