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The US Marine accused of leading the killing of as many as 24 unarmed Iraqi civilians in the worst alleged atrocity by American forces during the war in Iraq faces a military hearing today that will decide whether he is to be court-martialled.
Sergeant Frank Wuterich, 27, told military investigators that he ordered his squad of soldiers to "shoot first and ask questions later" after a powerful roadside bomb killed one of their comrades in the volatile town of Haditha, westerm Iraq, on November 19, 2005.
In the gunfire that followed, Iraqi witnesses said 24 civilians, including women and children inside a house, were shot dead, many at close range. A US military statement reported that 15 people had died in a roadside bombing.
When an Iraqi human rights group made public allegations of war crimes, Sergeant Wuterich and three other Marines were charged with murder and four commanding officers were accused of helping them cover up their alleged crimes.
The alleged massacre at Haditha has joined the prisoner abuse scandal at Abu Ghraib as one of the most damaging incidents of the Iraq war for US forces.
At today's hearing at Camp Pendleton, California — known as an Article 32 hearing — an investigating officer, Lieutenant Colonel Paul Ware will hear evidence to decide whether Sergeant Wuterich broke the US military's rules of engagement during the episode. He is accused of murdering 18 people and faces life imprisonment if convicted by a court martial.
Colonel Ware has already recommended that charges be dropped against another Marine facing a murder charge because of the "shadowy" nature of the fighting in Haditha. Charges have already been dropped against a third, while the fourth, Sergeant Sanick de la Cruz, has offered to testify against Sergeant Wuterich in return for having the charges against him reduced.
Central to the hearing will be Sergeant de la Cruz's allegation that Sergeant Wuterich shot dead five Iraqis who approached the Marines in Haditha with their hands raised, trying to surrender.
“They were just standing, looking around, had hands up,” De la Cruz told a hearing in May. “Then I saw one of them drop in the middle. I didn’t know what was going on, sir. Looked to my left, saw Staff Sergeant Wuterich shooting.”
Sergeant Wuterich is then accused of ordering the "clearing" of a house near where the roadside bomb exploded, during which several members of the same family were shot. He faces an additional murder charge in connection to the deaths of four men shot later in another building.
His legal team is expected to argue that he stayed within the rules of engagement and use forensic evidence to challenge Sergeant de la Cruz's version of events. "The argument is quite simple, that the Marines that day were reacting to a hostile and dynamic environment and that their conduct, although it led to tragic results, was completely lawful," Mark Zaid, an attorney on Sergeant Wuterich's legal team told Reuters.
“The civilians who died were collateral damage as part of a combat operation where insurgents would intentionally place civilians into harm’s way,” said Mr Zaid.
In testimony before a hearing in February 2006, Sergeant Wuterich told investigators that he ordered his men to treat the house close to the explosion as "hostile", meaning his men did not have to determine whether the occupants were insurgents before killing them.
“I told them to shoot first, ask questions later,” he said.
The hearing is expected to last two days.
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It is my opinion that Sergeant Wuterich did exactly what he should have done given the circumstances of the day in Haditha and that his actions were completely lawful. I for one think he should be given a medal rather than an article 32 hearing.
Signed
A former Marine Sergeant
Lawrence A. Petri, Pocahontas, Iowa (USA)
Let the man go he isn't guilty he is a soldier trying to do his job and it is difficult one at that. Can't blame him for this lousy war. Not to mention that for all we know the occupants of the house might actually have planted the bomb. For sure they knew about it. and were and did not reveal this to the troops this makes them complicate in the attack. Their lucky I wasn't there I would have cleared the entire block.
Joe, LA,
the way the truth about haditha and other such crimes has been under-reported in the west, just leads to more such crimes. We have seen nothing more than a few well chosen photos, if the public saw what really happened the US military and the people really responsible for these crimes would be in the dock. Instead the guys who are most to blame will get away with it, because they are further up the chain of command.
akram, London,
Im sorry but i really dont belive that this young man killed not one of those Iraq vitmines. I think that he was only doing the job that he was set out to do.
Unique Pendergraft, Cullman, USA/Alabama
If they didn't shoot first then they'd be killed. The Sargeant gave the right order if his men were going to survive room to room fighting with the armed insurgents they were convinced were in the building. The fact that they were probably incorrect about the insurgents being in there doesn't change that they were simply following their survival instinct. Throwing a grenade into a room of hostiles in urban warfare before charging in is standard practice in any army.
Drew W., San Francisco,
War is hell. Bad things happen, otherwise, we could call it peace. It's amazing to me that we are prosecuting our troops for 'war crimes' and trying to give terrorists the same rights that Americans enjoy. Where is the passage for 'right to counsel' in the koran? They do not use the Constitution to guide thier lives, they use a book that they interpret as telling them to destroy all that is America. In war, if you remain in an area of guerilla fighting, and you are dressed like them, you could be treated as combatants. When will be bring our sons and daughters home? God Bless America
Concerned for US, Cheyenne, Wyoming
To expect the marines to have behaved differently is to expect them to commit suicide. This case looks bad because there probably weren't insurgents in the houses cleared, but the Marines genuinely thought there were. If there had been insurgents in there and the Marines looked in first before shooting they'd get their heads blown off. In the early battle for Falujah the Marines had numerous casualties because they were worried about collateral civilian deaths. The Marines who survived that passed on to others not to make the same mistake. Comparing them to nazis is offensive. Just because a Marine follows his survival instinct he gets called a war criminal? These witch hunts of Iraq servicemen is getting insane. These Marines didn't do anything anyone else wouldn't in their place.
Drew W., San Francisco,
war is war...let the poor guy go.. he was doing a job that could not get done..there is no hope for Iraq...put yourself in this soldiers shoes and there might have been 100 civilians killed that day..
If anything, convict prize winning author and former head of CIA George Tenant, Dick Cheney, Don Rumsfeld, Carl Rove and Bush because they are the dudes that started this mess, sent these Americans to Iraq, and are now hiding behind these brave marines who we're just trying to do their job in the face of dangers we could never imagine...
People are dying in Iraq and the middle east at alarming rates and the dangers and troubles there are just escalating... There is one major solution to this region that unfortunately does not bode well for most but that day will soon come.....
neil antin, Los Angeles, CA
"I told them to shoot first, ask questions later" said Sergeant Wuterich. In one simple sentence he has summed up American foreign policy since the Cold War. They will never learn, and the rest of the world continues to pay the price.
John Bard, Los Angeles, USA
'Shoot first, ask questions later' sounds good in the movies but it is simply no justification for the death of innocent people. This kind of brash, thoughtless decision making represents either cowardice or vengeful bloodlust, neither of which belong in our military.
J O, Fort Walton Beach,
And yet the so called insurgents create a couple of "Hadithas" a day.
Where is the out cry then?
Albert Ellestad, Vaxjo, Sweden
The judgement handed down at Nuremberg on Nazis convicted of war crimes would seem relevant, so roughly translated into the syntax of the US Marine Corps, it reads:
"I was only obeying orders ain't going to save your sorry ass."
Unfair, no question. But what's sauce for goose...
Andrew Milner, Yokohama, Japan
I guess with the Marines notion of justice, no German would have been tried after World War II
Richard Kendall, Peoria, AZ