Haditha massacre
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The Haditha massacre (also called the Haditha killings or the Haditha incident) was a series of killings on November 19, 2005, in which a group of
United States Marines The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through com ...
killed 24 unarmed Iraqi
civilian Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not " combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant ...
s. The killings occurred in
Haditha , settlement_type = City , image_skyline = Inbound3292807512093856589نواعير حديثة.jpg , imagesize = , image_caption = , image_map = , mapsize = , map_caption ...
, a city in
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...
's western province of
Al Anbar Al Anbar Governorate ( ar, محافظة الأنبار; ''muḥāfaẓat al-’Anbār''), or Anbar Province, is the largest governorate in Iraq by area. Encompassing much of the country's western territory, it shares borders with Syria, Jordan, ...
. Among the dead were men, women, elderly people and children as young as 1, who were shot multiple times at close range while unarmed. The ensuing massacre took place after an
improvised explosive device An improvised explosive device (IED) is a bomb constructed and deployed in ways other than in conventional military action. It may be constructed of conventional military explosives, such as an artillery shell, attached to a detonating mecha ...
exploded near a convoy, killing a
lance corporal Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organisations. It is below the rank of corporal, and is typically the lowest non-commissioned officer (NCO), usually equi ...
and severely injured two other marines. The immediate reaction was to seize 5 men in a nearby taxi and execute them on the street. 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.McGirk, Tim.
Collateral Damage or Civilian Massacre in Haditha?
'',
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
. Accessed June 1, 2006.
A ''Time'' magazine reporter's questions prompted the
United States military The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is th ...
to open an investigation into the incident. The investigation found evidence that "supports accusations that U.S. Marines deliberately shot civilians", according to an anonymous Pentagon official. Three officers were officially reprimanded for failing to properly initially report and investigate the killings. On December 21, 2006, eight Marines from 3rd Battalion, 1st Marines were charged in connection with the incident.
U.S. marine faces 13 Haditha murder charges
'', CBC. Accessed December 21, 2006.
By June 17, 2008, six defendants had their cases dropped and a seventh was found not guilty. The exception was former Staff Sergeant, now-Private Frank Wuterich. On October 3, 2007, the
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 ("Trial Procedure") Articl32(10 U.S.C. § 832), ...
investigating officer recommended that charges of murder be dropped and Wuterich be tried for
negligent homicide Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape ...
in the deaths of two women and five children. Further charges of assault and manslaughter were ultimately dropped; Wuterich was convicted of a single count of negligent
dereliction of duty Dereliction of duty is a specific offense under United States Code Title 10, Section 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 follow a given o ...
on January 24, 2012. Wuterich received a rank reduction and pay cut but avoided jail time. Iraqis expressed disbelief and voiced outrage after the six-year U.S. military prosecution ended with none of the Marines sentenced to incarceration. A lawyer for the victims stated "this is an assault on humanity" before adding that he, as well as the Government of Iraq, might bring the case to international courts.


Events


Background

Since the
2003 invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...
, U.S. military forces had been stationed in and around Haditha to control the
Haditha Dam The Haditha Dam ( ar, سد حديثة, Sadd Ḥadītha) or Qadisiya Dam is an earth-fill dam on the Euphrates, north of Haditha (Iraq), creating Lake Qadisiyah ( ar, script=Latn, Buhayrat al-Qadisiyyah). The dam is just over long and high. The ...
, a major hydroelectric installation. The area had seen several clashes between U.S. forces and insurgent groups since the beginning of the
Iraq War {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق ( Kurdish) , partof = the Iraq conflict and the War on terror , image ...
, with many fatalities on both sides.Six snipers among seven Marines killed in Iraq
"
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
August 2, 2005.
A contemporary ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'' magazine poll reported that 85% of Iraq's Sunnis opposed coalition forces, as compared to 65% of Iraqis overall.Poll: What Do Iraqis Want?
, ''
TIME Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'', December 12, 2005.
Conditions in Haditha itself were known to have been deteriorating under militant rule, and attacks on U.S. troops as well as killings of suspected
informant An informant (also called an informer or, as a slang term, a “snitch”) 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 informant ...
s were common.


Roadside bombing

On November 19, 2005, an improvised explosive device (IED), composed of 155 mm artillery shells and explosive-filled propane tanks, was placed along their route some time before 3rd Battalion, 1st Marines (3/1) arrived in Haditha. The IED targeted a squad from 3/1 K Company, 3rd Platoon, which was on a resupply convoy. Lance Corporal Miguel Terrazas was killed instantly at 7:15 a.m. Terrazas was driving the
Humvee The High Mobility Multipurpose Wheeled Vehicle (HMMWV; colloquial: Humvee) is a family of light, four-wheel drive, military trucks and utility vehicles produced by AM General. It has largely supplanted the roles previously performed by the ...
when it was hit by the bomb. Lance Corporal James Crossan was in the passenger seat and was thrown out of the vehicle and trapped under the rear passenger tire. The Humvee was bisected by the explosion. 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 evacuated for medical attention. Crossan was medically discharged from the USMC due to the wounds he received that day. Guzman returned to active duty after healing and went on a 2nd deployment with 3/1 to Iraq in April 2007.


Killings and immediate aftermath

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. After their deaths, Lt. William T. Kallop, according to his statements to investigators, arrived on the scene. Kallop and others reported taking small-arms fire, which they attributed to a nearby house. Kallop gave the order "to take the house".Josh White,
Marine Officer Receives Immunity in Haditha Killings Case
", ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large na ...
'', April 20, 2007.
Nineteen of those killed were in three adjacent houses which U.S. Marines entered, employing grenades and small arms. 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 Ramadi ( ar, ٱلرَّمَادِي ''Ar-Ramādī''; also formerly rendered as ''Rumadiyah'' or ''Rumadiya'') is a city in central Iraq, about west of Baghdad and west of Fallujah. It is the capital and largest city of Al Anbar Governorate w ...
reported the deaths of a U.S. Marine and 15 civilians. It said the civilians' deaths resulted from 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.''BBC News''
Haditha: Massacre and cover-up?
"
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 to the Haditha Dam Marine base reportedly complaining to the base captain. The Marine Corps paid $38,000 total to the families of 15 of the dead civilians.


Evidence about the killings

Video shot by the co-founder of the Hammurabi Human Rights Organization, Taher Thabet, which instigated Tim McGirk's original ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'' 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.Perry, Tony and Julian E. Barnes, "Photos Indicate Civilians Slain Execution-Style", ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'', May 27, 2006.
The video shot by Thabet showed the bodies of the women and children 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. McGirk's first article online stated that the Hammurabi Human Rights Group "coordinated with Human Rights Watch". A correction was issued when no official links could be confirmed. McGirk, who was based in Jerusalem, declined to testify at the hearings.


Legal proceedings

The intentional killing of noncombatants is prohibited by modern
laws of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
derived from the
UN Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: th ...
, the Hague Conventions and the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
, and constitutes a war crime. The Marines and officers were subject to possible courts martial under American military law, the
Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitutio ...
. Attorney Gary Myers, who worked on the case, was the first lawyer in American history to use DNA evidence in a military trial dating back to the trial stemming from the
My Lai massacre My or MY may refer to: Arts and entertainment * My (radio station), a Malaysian radio station * Little My, a fictional character in the Moomins universe * ''My'' (album), by Edyta Górniak * ''My'' (EP), by Cho Mi-yeon Business * Market ...
.


James Mattis' actions

In his memoir ''Call Sign Chaos,'' then
I Marine Expeditionary Force The I Marine Expeditionary Force ("I" pronounced "One") is a Marine Air Ground Task Force (MAGTF) of the United States Marine Corps primarily composed of the 1st Marine Division, 3rd Marine Aircraft Wing, and 1st Marine Logistics Group. It is ...
commander James N. Mattis explains his experience and actions in relation to the Haditha massacre. He claims to have read "more than nine thousand pages" of investigative material. He concluded that "several have made tragic mistakes, but others had lost their discipline", which is why he recommended
courts-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
for some Marines but not for others. The battalion commander was not aware of the details on the same day of the incident, and the killings were brought to light by a ''Time'' magazine reporter. Mattis relieved the battalion commander because the lack of reporting and the number of civilian deaths "should have alerted him that something very out of the ordinary ... had occurred." He then recommended letters of reprimand for the division commander and two colonels, stating, " their actions or inactions, they demonstrated lack of due diligence." This action forced the senior officers to leave active service.


Investigations

Upon being told of questions by reporters concerning the Haditha killings, Lt. Gen. Peter W. Chiarelli instructed his public affairs office to brief them with the results of the military investigation. It was then he learned there had been no investigation. On February 14, 2006, Chiarelli ordered a preliminary investigation, 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 The United States Naval Criminal Investigative Service (NCIS) is the primary law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate criminal activities involving the Navy and Marine Corps, though its ...
, 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 The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...
Maj. Gen. Eldon Bargewell, examined how the incident was reported through the
chain of command A command hierarchy is a group of people who carry out orders based on others' authority within the group. It can be viewed as part of a power structure, in which it is usually seen as the most vulnerable and also the most powerful part. Milit ...
. A second investigation, headed by the
Naval Criminal Investigative Service The United States Naval Criminal Investigative Service (NCIS) is the primary law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate criminal activities involving the Navy and Marine Corps, though its ...
, examined the criminal aspects of the incident. A third investigation was launched by the
Iraqi government The federal government of Iraq is defined under the current Constitution, approved in 2005, as an Islamic, democratic, federal parliamentary republic. The federal government is composed of the executive, legislative, and judicial branches, as w ...
. The conduct of Staff Sergeant Frank Wuterich, 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 K Company in the 3rd Battalion, 1st Marine Regiment, 1st Marine Division. ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' published the result of the first investigation, under U.S. Army Maj. Gen. Eldon Bargewell, including eyewitness interviews. 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 10-years-veteran Captain James Kimber (born 1973), two company commanders, from their duties. Bargewell's investigation found:
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 The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. ne ...
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 Kamil Muhammad-Hasan al-Maliki ( ar, نوري المالكي; born 20 June 1950), also known as Jawad al-Maliki (), is secretary-general of the Islamic Dawa Party and was the prime minister of Iraq from 2006 to 2014 and the vice president ...
, 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 avoided public pronouncements about the killings, but on June 17, 2006, the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' 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."Broder, John M., "Contradictions Cloud Inquiry Into 24 Iraqi Deaths", ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', June 17, 2006.
Many of those killed had 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, Sanick P. Dela Cruz, James Donahue and Stephen Tatum, were accused of unpremeditated murder. 8 Marines face charges in Haditha killings
",
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
. Accessed December 22, 2006.
Tatum was further charged with
negligent homicide Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape ...
and assault, while Dela 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".U.S. Marines charged with murder in Haditha
",
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
AlterNet. Accessed December 22, 2006.
The battalion commander, Jeffrey Chessani, was charged with one count of violating a lawful order and two counts of
dereliction of duty Dereliction of duty is a specific offense under United States Code Title 10, Section 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 follow a given o ...
.
First Lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a ...
Andrew Grayson was charged with
obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...
, 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 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 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 attempted to subpoena material from a '' 60 Minutes'' interview with Staff Sergeant Wuterich, specifically material where Wuterich admitted 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 later said he believed 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.mirror
/ref> 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 (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge o ...
Steven Folsom dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds that
General A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED ...
James Mattis James Norman Mattis (born September 8, 1950) is a retired United States Marine Corps four-star general who served as the 26th US secretary of defense from 2017 to 2019. During his 44 years in the Marine Corps, he commanded forces in the Persian ...
, 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 Investigating Officer for several of the enlisted Marines, recommended on July 11, 2007, that LCpl. Justin Sharratt be cleared of these charges. Ware stated, " e 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 began 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 were also granted immunity. On August 9, 2007, all charges against Lance Cpl. Justin Sharratt, Lance Cpl. James Donahue, 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, 1st Lt. 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.


Trial of Wuterich

The
court martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
of Wuterich, the only defendant to stand trial for the Haditha killings, took place in January 2012. During the trial Sgt. Sanick Dela Cruz testified that he urinated on the skull of one of the dead Iraqis. He also testified, after describing how Wuterich shot the passengers of the car himself from close range, "Sergeant Wuterich approached me and told me if anyone asks, the Iraqis were running away from the car and the Iraqi army shot them". In a plea deal, Wuterich pleaded guilty to
dereliction of duty Dereliction of duty is a specific offense under United States Code Title 10, Section 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 follow a given o ...
, while charges of assault and manslaughter were dropped. He was convicted of a single count of negligent dereliction of duty on January 24, 2012, receiving a rank reduction and pay cut but avoiding jail time.


Separation ordered for witnesses

In mid April 2012, The Secretary of the Navy informed the Commandant of the Marine Corps that he had reviewed the Haditha Incident and ordered Sgt Mendoza and Sgt Dela Cruz separated after they had testified in the trial of SSgt Wuterich. The Navy secretary said in the letter that his review of Dela Cruz and Mendoza's cases "revealed troubling information about their conduct". He cited false statements Dela Cruz made about the circumstances surrounding the deaths of five men found next to a white car at the scene. Mabus said Mendoza also lied and withheld information, without citing specifics. "Such conduct is wholly inconsistent with the core values of the Department of the Navy," Mabus said in the letter to Commandant Gen. Jim Amos. "You are directed to immediately initiate administrative processing for Sgt. Dela Cruz and Sgt. Mendoza for administrative separation in the best interest of the service." During Wuterich's trial, Mendoza and Dela Cruz acknowledged on the witness stand that they had lied to investigators to protect the squad. They told jurors that later they decided it was time to tell the truth. Both Marines were allowed to submit rebuttals to the separation proceeding. Both Marines were separated.


Reaction

According to former Democratic advisor
Sidney Blumenthal Sidney Stone Blumenthal (born November 6, 1948) is an American journalist and political operative. A former aide to President Bill Clinton, he is a long-time confidant of Hillary Clinton and was formerly employed by the Clinton Foundation. As a ...
in a
Salon Magazine ''Salon'' is an American politically progressive/ liberal news and opinion website created in 1995. It publishes articles on U.S. politics, culture, and current events. Content and coverage ''Salon'' covers a variety of topics, including re ...
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 is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'' 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 The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'', 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: ...Military 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 Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Representative Representative may refer to: Politics * Representative democracy, type of democracy in which elected officials represent a group of people * House of Representatives, legislative body in various countries or sub-national entities * Legislator, som ...
John Kline of
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
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 Kamil Muhammad-Hasan al-Maliki ( ar, نوري المالكي; born 20 June 1950), also known as Jawad al-Maliki (), is secretary-general of the Islamic Dawa Party and was the prime minister of Iraq from 2006 to 2014 and the vice president ...
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 and
Dahlia Lithwick Dahlia Lithwick is a Canadian-American lawyer, writer, and journalist. Lithwick is currently a contributing editor at ''Newsweek'' and senior editor at ''Slate''. She primarily writes about law and politics in the United States. She writes "Supr ...
of '' Slate'' suggested that the Iraqis should be able to put the Marines on trial:
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?


Comments by Representative Murtha

On May 17, 2006, Democratic
Representative Representative may refer to: Politics * Representative democracy, type of democracy in which elected officials represent a group of people * House of Representatives, legislative body in various countries or sub-national entities * Legislator, som ...
John Murtha John Patrick Murtha Jr. (; June 17, 1932 – February 8, 2010) was an American politician from the Commonwealth of Pennsylvania. Murtha, a Democrat, represented Pennsylvania's 12th congressional district in the United States House of Represent ...
of
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, 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.''CNN News'',
Lawmaker says Marines killed Iraqis '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 alleged that 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 nine counts of manslaughter in 2008, and Wuterich's lawsuit against Murtha was dismissed in 2009, as the court had determined Murtha was immune, having made his comments as a lawmaker. On September 25, 2008, former Lance Cpl. Justin Sharratt, one of the Marines that had criminal charges that had been subsequently dropped, filed a slander suit against Rep. Murtha. The lawsuit stated 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." In 2011, Sharratt's lawsuit was dismissed by the 3rd Circuit Court of Appeals. Sharratt killed himself at his home in
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
on August 3, 2022. He was 37.


Comparisons with My Lai massacre and other incidents

Many news reports compared the Haditha Killings to the 1968
My Lai massacre My or MY may refer to: Arts and entertainment * My (radio station), a Malaysian radio station * Little My, a fictional character in the Moomins universe * ''My'' (album), by Edyta Górniak * ''My'' (EP), by Cho Mi-yeon Business * Market ...
during the
Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
, with some commentators describing it as "Bush's My Lai",Bush's My Lai
", Robert Parry, consortiumnews.com, May 30, 2006.
Haditha Massacre: Iraq's Mai Lai
", ''
Al Jazeera Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazeera ...
'', May 29, 2006.
or "Iraq's My Lai".Haditha Killings Recall Vietnam's My Lai
", ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large na ...
'', June 2, 2006.
Very often, the killings have been described as part of a wider pattern of human rights abuses committed by American forces in Iraq. As a '' Spiegel'' reporter notes in an interview with
Michael Sallah Michael D. Sallah is an American investigative reporter who has twice been awarded the Pulitzer Prize. Life Sallah graduated from St. John's Jesuit High School, a college preparatory school in Ohio, and then obtained his undergraduate degree i ...
, who won a Pulitzer Prize for his investigation of atrocities committed by the
Tiger Force Tiger Force was the name of a long-range reconnaissance patrol unit of the 1st Battalion (Airborne), 327th Infantry, 1st Brigade (Separate), 101st Airborne Division, which fought in the Vietnam War from November 1965 to November 1967. The unit ...
unit in Vietnam, "you would have difficulties finding a single newspaper in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, or elsewhere in
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirel ...
, that does not deal with My Lai, Abu Ghraib, and Haditha in the same commentary." It was suggested that the Haditha killings might, like the My Lai Massacre, have resulted in further reduction of American public support for the conflict. Some rejected that comparison, however, including prominent journalist
Christopher Hitchens Christopher Eric Hitchens (13 April 1949 – 15 December 2011) was a British-American author and journalist who wrote or edited over 30 books (including five essay collections) on culture, politics, and literature. Born and educated in England, ...
who stated in a June 5, 2006 essay that:
...all the glib talk about
My Lai My or MY may refer to: Arts and entertainment * My (radio station), a Malaysian radio station * Little My, a fictional character in the Moomins universe * ''My'' (album), by Edyta Górniak * ''My'' (EP), by Cho Mi-yeon Business * Mar ...
is so much propaganda and hot air. In Vietnam, the
rules of engagement Rules of engagement (ROE) are the internal rules or directives afforded military forces (including individuals) that define the circumstances, conditions, degree, and manner in which the use of force, or actions which might be construed as pro ...
were such as to make an atrocity – the slaughter of the My Lai villagers took almost a day rather than a white-hot few minutes – overwhelmingly probable. The ghastliness was only stopped by a brave officer who prepared his chopper-gunner to fire. In those days there were no precision-guided missiles, but there were "free-fire zones", and "body counts", and other virtual incitements to psycho officers such as Capt. Medina and Lt. Calley. As a consequence, a training film about My Lai – "if anything like this happens, you have really, truly screwed up" – has been in use for U. S. soldiers for some time.
The most frequent parallel drawn between the killing 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 William Laws Calley Jr. (born June 8, 1943) is a former American army officer and war criminal convicted by court-martial for the premeditated killings of 200 to 400 unarmed South Vietnamese civilians in the Mỹ Lai massacre on March 16, 1968, d ...
, 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, 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 what he called a "rush to judgement". The killings have also been compared to killings in Afghanistan, particularly the 2007 Shinwar shooting.


Allegations of investigative failures

Family, friends, defense lawyers and right-wing radio host
Michael Savage Michael Alan Weiner (born March 31, 1942), known by his professional name Michael Savage, is a far-right author, conspiracy theorist, political commentator, activist, and former radio host. Savage is best known as the host of '' The Savage Na ...
strongly criticized the
Naval Criminal Investigative Service The United States Naval Criminal Investigative Service (NCIS) is the primary law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate criminal activities involving the Navy and Marine Corps, though its ...
(NCIS) for its role in the case. They highlighted the string of immunities that were granted as a sign of NCIS bungling. In mid-December 2011, 400 pages of classified notes from top-secret interviews with US soldiers about the 2005 killing of 24 civilians in Haditha were discovered in a dump on the outskirts of Baghdad. The Washington Post published NCIS photographs of the aftermath of the notorious incident.


Iraqi people

Iraqis expressed disbelief and voiced outrage after the six-year US military prosecution ended with none of the Marines sentenced to jail. The Iraqi government said that the ruling did "not fit the crime" and that it plans legal action on behalf of families of victims killed. Survivor Awis Fahmi Hussein commented.
I was expecting that the American judiciary would sentence this person to life in prison and that he would appear and confess in front of the whole world that he committed this crime, so that America could show itself as democratic and fair.
Youssef Ayid, who lost four brothers in the Haditha raid, said, "We are sad to see the criminals escape justice". "This is an assault on humanity" said Khalid Salman, a Haditha councillor and lawyer for the victims. He also said the sentence did not "mean the end" of his legal efforts. "There are orphans, widows and old people who are still suffering and hurting from that terrible massacre. ...If we find no way, we will go to the international courts.".


Film

'' Battle for Haditha'' is a 2007 drama film directed by British director
Nick Broomfield Nicholas Broomfield (born 1948) is an English documentary film director. His self-reflective style has been regarded as influential to many later filmmakers. In the early 21st century, he began to use non-actors in scripted works, which he cal ...
based on the incident. ''House Two'' is a 2018 documentary directed by Michael Epstein that investigates the Iraq War's worst war crime cases more than ten years later.


See also

* 2004 Fallujah ambush * Battle of Haditha *
Human rights in post-invasion Iraq Human rights in post-invasion Iraq have been the subject of concerns and controversies since the 2003 U.S. invasion. Concerns have been expressed about conduct by insurgents, the U.S.-led coalition forces and the Iraqi government. The U.S. is ...
* Ilario Pantano


Incidents

* Tal Afar checkpoint shooting * Ishaqi incident *
Mahmudiyah rape and killings The Mahmudiyah rape and killings were war crimes involving the gang-rape and murder of 14-year-old Iraqi people, Iraqi girl Abeer Qassim Hamza al-Janabi and the murder of her family by United States Army soldiers on March 12, 2006. It occurred in ...
*
Mukaradeeb wedding party massacre The Mukaradeeb wedding party massacre ( ar, مجزرة حفلة عرس مكر الذيب) refers to the U.S. military's attack on a wedding party in Mukaradeeb, a small village in Iraq near the border with Syria, on 19 May 2004. 42 civilians wer ...
* FOB Ramrod kill team in
War in Afghanistan War in Afghanistan, Afghan war, or Afghan civil war may refer to: *Conquest of Afghanistan by Alexander the Great (330 BC – 327 BC) * Muslim conquests of Afghanistan (637–709) *Conquest of Afghanistan by the Mongol Empire (13th century), see al ...
* Abu Ghraib torture and prisoner abuse *
Kandahar massacre The Kandahar massacre, also called the Panjwai massacre, was a mass murder that occurred in the early hours of 11 March 2012, when United States Army Staff Sergeant Robert Bales murdered 16 Afghan civilians and wounded six others in the Panjwa ...


Notes


References


External links

* (video
Iraqis Voice Outrage as Haditha Massacre Trial Ends in No Jail Time for Accused U.S. Marines
',
Democracy Now! ''Democracy Now!'' is an hour-long American TV, radio, and Internet news program hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live each weekday at ...
, January 26, 2012 *
What happened at Haditha?
'
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
December 26, 2006
The Massacre of Haditha - ''A Document Archive''

''The Haditha Massacre, One Year Later''

Rules of Engagement
- November 2006, '' Vanity Fair''
"Lieutenant testifies about Haditha deaths. Officer stands by call not to investigate."
Steve Liewer, ''Union-Tribune'', May 9, 2007. Describes the charges and the first day of Article 32 hearings of the Haditha trial.
Atrocity and War
Truthout, May 2, 2010. Discusses the impact of war upon the warrior. *
Rules of Engagement: What really happened at Haditha
'' Frontline PBS television'', February 19, 2008 {{DEFAULTSORT:Haditha Killings Iraq War Iraq–United States relations Battles of the Iraq War in 2005 Massacres in 2005 Civilian casualties in the Iraq War Massacres committed by the United States United States military scandals United States military war crimes United States Marine Corps in the Iraq War Occupation of Iraq November 2005 events in Iraq