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General News    H2'ed 1/31/12

No Justice for Haditha Massacre

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Murtha told ABC there was "no question" the U.S. military tried to "cover up" the Haditha incident, which Murtha called "worse than Abu Ghraib." His high-level briefings indicated to him that the cover-up went "right up the chain of command."

The Bush administration set rules of engagement that resulted in the willful killing and indiscriminate slaughter of civilians. In particular, U.S. troops in Iraq operated in "free-fire zones," with orders to shoot everything that moves. Attacks in civilian areas resulted in massive civilian casualties, which the Bush administration casually called "collateral damage."

Like other grave breaches of the Geneva Conventions, these acts of summary execution and willful killing are punishable under the U.S. War Crimes Act. Commanders have a responsibility to make sure civilians are not indiscriminately harmed and that prisoners are not summarily executed.

Because rules of engagement are set at the top of the command chain, criminal liability extends beyond the perpetrator under the doctrine of command responsibility. George W. Bush, Dick Cheney, and Donald Rumsfeld should be charged with war crimes.

A few days after the story of The Haditha Massacre became public, U.S. forces killed 11 civilians after rounding them up in a room in a house in Ishaqi near Balad, Iraq, handcuffing and shooting them. The victims ranged from a 75-year-old woman to a six-month-old child, and included three-year-olds and five-year-olds and three other women as well. A report by the U.S. military found no wrongdoing by the U.S. soldiers.

Allegations that U.S. troops have engaged in summary executions and willful killing in Iraq have also emerged from other Iraqi cities, including Qaim, Abu Ghraib, Taal Al Jal, Mukaradeeb, Mahmudiya, Hamdaniyah, Samarra, and Salahuddin. There are similar accusations stemming from incidents in Afghanistan as well.

Many people in Iraq are outraged as the legal books close on The Haditha Massacre. They are also perturbed at the U.S. drones flying over Iraqi skies in Baghdad to protect the largest U.S. embassy in the world that, even after the United States "pulled out" of Iraq, still houses 11,000 Americans protected by 5,000 mercenaries.

"Our sky is our sky, not the U.S.A.'s sky," Adnan al-Asadi, acting Iraqi interior minister, said. The U.S. military left Iraq because the Iraqis refused to grant US soldiers immunity for crimes like those at The Haditha Massacre.

The 24 Haditha victims are buried in a cemetery called Martyrs' Graveyard. Graffiti on the deserted house of one of the families reads, "Democracy assassinated the family that was here."

Cross-posted from Consortium News

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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