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US Marine to Stand Trial Over 2005 Killings That Left 24 Iraqis Dead
Military court to assess whether Frank Wuterich acted appropriately after his convoy came under attack in Haditha
In a military courtroom in California on Wednesday one of the most controversial events of the Iraq war will be played out one last time.
The trial will ask whether Frank Wuterich acted appropriately when insurgents detonated a 500lb bomb under a marine covoy. (Photograph: AP) In November 2005, a US marine squad killed 24 Iraqis, many of them women and children, in the village of Haditha. This week, marine staff sergeant Frank Wuterich, the squadron leader in charge, will face voluntary manslaughter charges at Camp Pendleton near San Diego.
Of the eight marines charged with the killings, six have so far had their charges dismissed, and one has been acquitted.
The central question in the trial is whether marines reacted appropriately on 19 November 2005, when insurgents detonated a 500lb roadside bomb under a marine convoy in the village of Haditha. The bombing killed the driver, lance corporal Miguel Terrazas, 20, from El Paso, Texas, and injured two others.
What happened next is still the subject of debate. A car pulled up soon after the explosion, and the marines ordered the five Iraqis inside it to get out. They were unarmed. All five were shot and killed by Wuterich and another marine.
In an interview on CBS's 60 Minutes in 2007, in which he described the incident in detail, Wuterich said the men were running away when he shot them. His account has been disputed by other witnesses.
Asked why running would have justified his actions, Wuterich replied that they "were military-aged males that were inside that car. The only vehicle, the only thing that was out that was Iraqi, was them. They were 100m away from that IED [improvised explosive device]. Those are the things that went through my mind before I pulled the trigger."
The defence insists that a running military-aged male can be assumed to be hostile.
Wuterich and his squadron maintain they then came under fire. Wuterich said he thought it was coming from a nearby house "because it was the only logical place that the fire could come".
Wuterich's superior, lieutenant William Kallop, gave the OK to carry out an attack on the house, according to 60 Minutes.
In his statement to the investigating officer, which he read during a hearing in September 2007, Wuterich recalled: "The four of us aggressively advanced on the house, and on approach I advised the team something like 'shoot first and ask questions later', or 'don't hesitate to shoot'. I can't remember my exact words, but I wanted them to understand that hesitation to shoot would only result in the four of us being killed."
He told 60 Minutes that "there may have been women in there, may have been children in there."
No weapons were found.
The marines then stormed a neighbouring house, where more Iraqis were killed.
Prosecuters say Wuterich did not respond appropriately to the threat that day, and that he went against rules that rely on a positive identification of a hostile target before shooting.
Gary Solis, a law professor and former marine corp prosecutor, said the case was "very significant."
"It's important because 24 people are dead. It's the greatest number of non-combat victims in a single incident that wasn't a bomb. All armed forces look to their officers to be the adults in the group," he said. "We look to them to make sure that things like Haditha don't happen."
Asked whether he broke the rules of engagement, Solis said: "He doesn't have to explain that he is innocent, but he has to explain 24 dead bodies. In order to adequately defend himself he has to explain to the court that the homicides were justified."
Legal experts agree that that the fact it has taken six years to come to court will work in Wuterich's favour.
"He has a very good defence lawyer, and the marine court prosecution didn't push enough for him to go to trial," said Solis. "In my opinion, the defence council has won in a major way."
Some observers have suggested that the lingering Iraqi anger over the Haditha killings – including a failure to secure a single conviction – has fostered an enduring mistrust of US troops.
That 24 people are dead, 11 of whom were women and children, remains undisputed. At the end of his statement to his investigations officer, Wuterich took responsibility for he deaths.
He said: "As a sergeant and the squad leader of 1st Squad, 3rd Platoon, I am responsible for the decisions made to employ the tactics we used that day. My marines responded to the threats they faced in the manner that we all had been trained. I will bear the memory of the events of that day forever, and will always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to the attack."
The trial is expected to last about a month. If convicted, Wuterich could face years behind bars.
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43 Comments so far
Show AllThis one man stands trial on behalf of all of us with the nerve to call ourselves Americans.
He is the wrong man for the role, there are many others whose names come to mind, who should stand trial for all of us, and whom by not trying we seek to exonerate ourselves more than to protect them -- but they are good at protecting themselves, much better than this poor murderous schmuck.
Thank you Mark, .After reading "Lies MY Teacher Told Me" and Zinn's "The Peoples History of the United States" my stomach is knotted and my eyes are brimming, Once again observe the American scapegoat, used to redeem the national conscience without changing the game plan. Now a young man is being pulled out of the crowd as our USA Inc sacrificial "lamb." Taught to be a killer by a government that supports military glutton. That enables corporate money making machines to bully the world peoples, that system now wants to shine its bloody boots. The young men/women of war are being used, as are we all. USA Inc sold its integrity to a systemic construct that is killing too many, is stuffing itself with resources, tanking the natural life support systems of the planet and why? for what? We are sadder, sicker, more polarized and damaged than ever,
Human BEINGS are so much more. If we each put our energy into that which we want to see manifest, if we set the intent to Be the change andwe will leap over this obstruction of untrue beliefs. Our potential deserves it.
Wow, could this article avoid the use of the words "massacre", "atrocity" or "war crime" any more conspicuously? Come on, Guardian, you're not an American newspaper -- you are allowed to tell the truth! At least throw in an "alleged atrocity", if you're not comfortable with "massacre" or "war crime" ...
"My marines responded to the threats they faced in the manner that we all had been trained." True enough. They are indoctrinated with "kill, kill, kill" as a mantra, and brainwashed to dehumanize all Muslims. No trials, of course, for the big-fish mass murderers in DC.
This is an interesting case. Wuterich killed and killed and killed. That's what he was told to do and like any good marine he followed orders. Just followin' orders. We are inundated with war messaging at all levels of our society. As with the Abu Ghraib (sp?) soldiers who were also just followin' orders, we give guns and power over terrified civilians to some very extreme characters and then talk about the massacres as if they are extraordinary. This case is not unusual, it just happened to have the legs to make it up the media chain. Everyone who posts on CD knows what these murders say about us as a society so I'm not even going to go there. How many Hadithas are there that we don't know about and if we knew, would we care?
Here are some cell phone photos of the children victims of our atrocities at Hadifa:
http://chris-floyd.com/march/
Looks like a clear case of self-defense. After all, one of those babies might have started crying and you know the tension that causes in young men.
The last photo tears me up -- a bullet through the forehead of an infant. What kind of monsters do that? American monsters.
Someone should name all of the men involved in this and give everyone their home addresses. People have a right to know if monsters live next door. If we can make sex offenders tell us where they live, certainly mass murderers should have to do the same.
"It's important because 24 people are dead. It's the greatest number of non-combat victims in a single incident that wasn't a bomb."
Really? "Shock and awe" was just a big pyrotechnics display then? Cruise missiles and 500-pound shells fired into population centers from the deck guns of ships safely anchored offshore didn't cause any casualties?
While the UK press might be slightly more skeptical than what passes for the press in the US, I guess we shouldn't expect much difference in opinion from the nation that still looks back on its own imperial history with no regret or self-criticism. "Sometimes I don't think these coolies deserve the British raj...."
Some years back maggie thatcher returned from a Commonwealth Conference not having gotten her way. She issued a statement to this effect: "These ingrates should be thankful that it was the British who colonised them!" The next day the story disappeared forever - Iraq had invaded Kuwait.
why isnt george wanker bush up there with him????????..........
Precisely. The only reason this man was able to attack anyone is because of BushCo's crime of Agressive War--The Massive Crime that enabled all the many "lesser" crimes.
and there were no weapons of mass destruction, really? Until amerikan kids were unleashed on civilians after the Iraqis Army was discharged...
coco...Because US voters did not elect a prosecutor who was willing to put Bush on Trial. I was the first in the country to have the prosecution of Bush as part of my campaign. Others joined in. Vince Bugliosi had laid out the case. The voters voted for prosecutors who would not Try Bush. Voting has consequesnces.
This is so awful. As a parent, I cannot imagine the grief of these families. But it is just one incident of many. To some extent, we are all guilty of tolerating and voting for a series of war criminals. But most guilty of all are those like M. Albright, George Bush, Barack Obama, the Congress, and all those in government who decide to launch these murderous sprees for no truthful reason. This is what they have done, thousands of times over, in our name.
"Wuterich's superior, lieutenant William Kallop, gave the OK to carry out an attack on the house, according to 60 Minutes." For some reason I read the name of the lieutenant as William Calley.
Bodies of the Enemy
It was in Abu Sifa, or was it Haditha,
Or maybe Falluja?
Near the town of Balad
In the desert north of Baghdad.
Their screams lasted for a lifetime.
Sound fled from their mouths
And together with blood ran out and down
Steps to seep in sand.
Five children aged 6 months to five years
Bodies of the enemy
Beneath the rubble of their home
Four women and two elderly males.
Later a neighbor, Rasheed Thair, explained:
"We want the Americans to tell us why
This horrible crime
Which took the smile and the dream
Of a spring night from 11 people
And destroyed even the simple toys of children."
In Abu Sifa, or was it Haditha
Or maybe Falluja?
Near the town of Balad
In the desert north of Baghdad.
(Written March 28 2006)
I also immediately thought of Calley. For CDers too young to remember, here is a link: http://en.wikipedia.org/wiki/William_Calley Interesting that, after having been given a life sentence, he wound up with 3 1/2 yrs of house arrest and a pardon from Nixon.
4thefuture,
That was beautiful and quite poignant.
The only good Marine is a dead one.
An infant shot through the head, by a few good men.
Nice looking young man. He is a son to of all of us. He is a son of America.
Now, I'm not trying to say that he shouldn't be going through this trial. Each one of us maintains responsibility for that which we do.
But we KNOW in a historical sense that these choices that burden people for years (perpetrators and victims alike) are a given in war. It is the best reason to not enter a state of war lightly.
And if he is the highest ranking officer prosecuted, that will only be an additional wrong.
It is the culture of war, it is existing in a situation where you can not discern friend from enemy, it is the choice _made by the Congress, Mr. Bush and perpetuated by Mr. Obama_ that creates this sad litany of loss.
And this is a war of choice, a war primarily fought to benefit the coffers of some.
We all bear this shame and this stain.
>>cannot discern friend from enemy<<
For this reason it is always best to shoot in the back those who are running away from you. Kill 'em all and let Allah sort them out, right?
Maybe this young man will at least do the honorable thing and commit suicide as have so many of his initially deluded compatriots. C'mon kid, hang yourself, today.
dk, there but for the grace of God go I.
No it's not defensible. It's a tragedy in the sense of an a devastating thing brought on by the self. But the self is the collective self: we the people.
Bullshit. I served 24 months in Vietnam and saw no need to kill innocent women and children who happened to be at hand. Even if the bloodthirsty American public desired that.
I am glad you were spared having to live with a thing that you regret and have to carry with you forever. And, for the person above who said he always knew he would not do such a thing, I celebrate your strength.
And this man apparently does not have any introspection in to what he did.
Let me just assure you that it is not always that way for all vets. And they suffer. Their children suffer. Their wives suffer. Their parents suffer.
But there is not _enough_ outrage to make continuing these wars so radioactive that no politician could continue to do it--as was the case in Viet Nam.
That's what is missing. That outrage.
You cannot invent it. You cannot get it on Amazon. It has to come from within and create a national sense of outrage that makes it absolutely incendiary for any politician to vote "yes" on another NDAA bill. We're not there yet.
But those of us who are that outraged have to talk about it and have to try to spread it.
He'll probably be acquitted or pardoned and maybe even get a Bronze Star. It's the American Way.
Nah-- there's no evidence of a troubled mind or tormented conscience here. By all indications, Wuterich holds the self-righteous and self-serving conviction that he is a tragically misunderstood hero and victim of slanderous publicity and ill-will.Remember, Wuterich sued the late Congressman John Murtha for negative statements Murtha made about Wuterich and the deaths of civilians in Haditha.The lawsuit was dismissed in appellate court, I believe.Perhaps if Wuterich is acquitted, he can reinstate the suit against Murtha's estate.
"A Son of America?" I knew at the age of 17 that I would never kill people in other countries. I would seek asylum outside the U.S. if I had to. I was an anti-war activist during Vietnam, fighting in "the war at home," the war in the streets. I later opposed both Bush's Iraq wars, Bush II's Afghanistan war, and Obama's Iraq, Afghanistan, Pakistan and Iran wars.
This murdering Marine does not represent me. I despise what he did, and I am sickened by those who would apologize for him. He chose to enlist, and then chose to violate the rules of engagement and commit war crimes. He belongs in prison because he was at fault individually. Blaming "all of us" only invites further atrocities.
collateral damage from missiles, 600 lb cluster bombs and helicopter gunship strafing runs have killed far more than 24, but in the military class system, the flyboys are of higher status and will not be brought to account. That is reserved for the Sgt Wuterich's and the Lynndie England's. Not excusing either. Both made choices, although I would suggest that Wuterich's choices had higher stakes. But sit in a Nevada bunker, employed as $1000.00/day "intelligence contractor" operating the controls of a predator drone that kills 15 civilians for every "target" and you are a hero, not a war criminal on trial by your own military. It doesn't matter how often it happens, we never seem to get it: soldiers ALWAYS committ atrocities; soldiers always rape and kill civilians, soldiers always kill children and destroy homes, schools and factories. War is an atrocity whether the dead died in plain clothes or in uniform.
But we Americans prefer to expunge our guilt by selective symbolic applications of "justice", like this trial. Maybe Wuterich deserves to be punished, for behaving like every other soldier since before recorded history. Maybe we should observe "the laws of war". Certainly many Iraqis did the same thing to their own people by means of suicide bombs and IEDs in marketplaces. Maybe they deserve to be punished as well. Or at least their grunts; their foot soldiers. But it's rare that any of the pampered, sociopathic bastards who think up the wars and the bomb campaigns ever face the gallows or the isolation cell.
Unprovoked revenge killings. How does this make us "safe?"
he could always subpoena his then-commander-in-chief as a witness for the defence...
shooting infants in the forehead. What a piece of shit. of course he will walk. Hell, however, awaits him in the next life.
The USA brought a really unbelievable Holocaust to Iraq but Mr. & Mrs Public are never told the truth about it.
A long lasting Holocaust starting with the murder of 1.5 million children under Sanctions, in a "price worth paying" (Albright/ Clinton ) campaign.
Then G.W.Bush US army of freedom and democracy created over 4 million Iraqi orphans.
Remember Abu Garib ??
Over 2,400 Iraqi children with some being as young as 10 were put into US prisons according to Human Rights Watch.
The G.W.Bush Iraq "campaign" caused the murder of over 1,300,000 Iraqis according to ICH .
The once beautiful Iraq landscape is loaded with Depleted Uranium and Cluster Bombs.
Yes the USA brought a holocaust to Iraq & Americans are in denial.
In fact the same American neocons are warming up for another illegal war this time on Iran because of WMDs & the War on Islam on behalf of Israel.
http://nowarforisrael.com/
George H.W. Bush started the "long-lasting Holocaust" of which you speak.
Before H.W. Bush, Iraq was stable, an ally and a bulwark against Islamic extremism. It was the most westernized and educated Muslim country in the Middle East, with modern infrastructure and an excellent healthcare system. Iraqi women were educated and employed, many holding high level positions with government, universities, hospitals, etc.
H.W. Bush destroyed all of that. He killed and wounded perhaps 100,000 with direct military action, incited a civil war between ethnic and religious groups that killed many more, induced the United Nations to impose economic sanctions and a no-fly zone that killed still more, and left the country broken, impoverished and in ruins.
That all happened while Bill Clinton was governor of Arkansas. Who are you? Fox News?
I may be wrong, but I do not believe the UN ever sanctioned the sanctions or the no-fly zone. These were imposed by poppie bush and johnny major and continued, as you point out, by clinton.
You are wrong. The only "sanctions" are United Nations sanctions.
Is this just another example of "Thump Therapy"?
If one looks at the incident through the eyes of this soldier they may get some answers. At the time one of his comrades got killed. He and his fellow soldiers may have figured: "We will teach these Iraqi's for bombing us. We will kill everyone around us that is Iraqi and they will think twice before they do this to us again. We kill their people every time they kill us and eventually they will stop. They will correlate their IED bombs with their own self destruction of their people and the Iraqi population will condemn the bombs out of self-protection and thus police their own people"
Just one way this could this be explained?
we just had a soldier shoot it out with the cops in Minnesota and they were pretty hard on him 10 years ago these guys were heros now they are just called veterans.
But how many lives were saved by the killings, Truman drops two big ones wiping out thousands and is a hero.
Killing saves lives? That's an interesting take on the situation. Really, killing babies is a necessary evil because those little bastards can pull a trigger just as easily as a ten year old kid. Yep. Gotta kill 'em all. Gotta save lives. Gotta kill. Gotta save lives. Gotta kill. Gotta save lives. Gotta kill. Gotta save lives. Gotta kill.
I agree the real War Criminals are Bush, Cheney, Rumsfield and the others that came up with the lies that started these Wars of Aggression. I feel better that he is being tried for Manslaughter, however this man killed because they were attacked. I think anyone who lost a friend from an IED might not be in their most discerning mind. I think there might be some temporary insanity for awhile and most anyone around might easily look like an enemy combatant. The Corp is a Brotherhood that dates back before this nation declared Independence. I bet the majority of the Marines would have rather been home at their home base rather then in a foreign nation doing the dirty work for the Politicians that trumped up the evidence for War because their sponsors would come through with the plenty of Blood Money and Cheney could laugh all the way to the bank from the Millions he was able to garner in his so called Blind Trust.
The corporate wars and their crimes against humanity are on trial. Not the soldiers.
All is controlled by Corporate government or "fascism" and is simply using two sets of books to rob the people for their wars for even greater control and profit.
At last, here is the information that we need to send the crooks to prison.
.. a link about the financial control of governments, by governments and banks. There is a huge amount of information here. Follow up what you want to, but it seems very important to me that we understand this.
http://www.comprehensiveannualfinancialreport.com/
This one,
The Corporation Nation Master
is on the previous link, but it is the link to YouTube:
http://www.youtube.com/watch?v=QkfM
Another victim of an immoral and illegal war, not that all wars come under this discription but this one was blatently for the agrandizement and enrichment of the power holders.
Wuterich killed and killed and killed. That's what he was told to do and like any good marine he followed orders. Just followin' orders.
A good many Germans were Hanged after WW11 who tried that defence!
Enough of the nonsense of ‘but how many lives were saved’. For three days before the dropping of the bomb on Hiroshima the Japanese were attempting to negotiate for surrender with only one condition — that their Emperor was not humiliated. Both bombs were ‘merely’ a field experiment.
The US is, and always has been a murderous expansionist with only one intention: to deprive others of the resources that the US was in need of. That the US consumes over twenty per cent of the worlds resources would indicate to anybody who thinks that the lifestyle to which you are addicted is unsustainable. Even if the US slaughtered everybody else on the planet, all they would be buying is a little time.
The latest atrocities are the ‘drones’. The definition of a coward is one who operates any of these horrors, the definition of ‘terrorist’ is any nation that employs them.
Why the US stages these fake trials is a mystery! Nobody expects justice to be done — as if it could be by trying just one man — nobody expects the US to Change its ways until the rest of the world rises up and facing them down. Like Israel, the US is great at slaughtering the unarmed, women and children. Like Israel they couldn’t fight their way out of a wet paper bag against anybody who has a rifle and fights back.
The US ‘is good for the world’. No, just the most murderous ‘empire’ in its history.
I have no sympathy for a war criminal. Hang him.