Willful Killing of Civilians in Haditha?

The alleged massacre of 24 civilians in the Iraqi town of Haditha by US Marine forces in November 2005 has reinvigorated the debate regarding US conformity to the laws of war.  A preliminary investigation by the US Department of Defense reports the killings, which included women and children, were without warning or provocation.  Original reporting of the incident by the Marines asserted that the civilian deaths were the result of an improvised explosive device (IED) that exploded on a Haditha roadside or that civilians were caught in an exchange of fire with insurgents.  Recent investigations contradict the original report, alleging a civilian slaughter in reaction to the IED detonation that killed one American soldier and injured two others.

If the deaths of the civilians in Haditha were in fact the result of willful reprisal killings, the acts of the US Marines are war crimes and are direct violations of the standards of international humanitarian law that protect civilians in a time of armed conflict.  The nature of the conflict in Iraq at the time of the killings was complex, but the law is clear that the deliberate killing of civilians who are not taking part in hostilities is forbidden in all conflicts.  Attacks directly targeted at the civilian population violate the basic principle of distinction.  Emerging evidence indicates that the civilians posed no threat to the soldiers, thus making the Haditha killings unwarranted and a crime under the laws of war.  

If military superiors conspired to cover up acts that they knew were crimes, then they may also be responsible for violations of international humanitarian law.   Under the doctrine of command responsibility, superior officers are responsible for war crimes committed by their subordinates if they were in a position to prevent the crimes and failed to do so.  Beyond this, the law places an obligation on military forces to ensure respect for the laws of war by punishing those who violate them.  It is the responsibility of the command to take reasonable steps in finding out what was happening on the ground.   Indeed, the military’s payment of $38,000 to the families of the victims is strong evidence that senior officers in the Marines had knowledge of the events in Haditha.  Congressman John Murtha, D-Pa., himself a former Marine, said, "That doesn't happen at the lowest level. That happens at the highest level before they make a decision to make payments to the families."   

The US military has launched two follow-up investigations – one concerning the Iraqis’ deaths and another to determine if there was a US military cover-up.  The result of the probes is expected to be made public at the end of this month.  The Crimes of War web site will also be following up with a more in-depth look at the events that occurred in Haditha. 

Related Links

In Haditha, Memories of a Massacre

By Ellen Knickmeyer

The Washington Post, May 27, 2006

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