War Crimes

Investigators found Blackwater security personnel fired indiscriminately in 14 of the 17 shooting deaths of Iraqi civilians on Sept. 16.  The FBI said the contractors violated deadly-force rules in effect for security contractors, suggesting the contractors acted recklessly. Officials familiar with the case say they are cynical about the ability to prosecute individuals in the case because the legal framework outlining government contractors is ambigious and inadequate.

Security contractors fired in response to alleged hostile fire during the Sept. 16 escort of a State Department official, killing 17 Iraqis. Security contractors do not fall within current military codes, but Rep. David E. Prince, D-N.C., said he would propose legislation to extend the Military Extraterritorial Jurisdiction Act to civilian contractors.

“Just because there are deficiencies in the law, and there certainly are,” Mr. Price said, “that can’t serve as an excuse for criminal actions like this to be unpunished.

However, the use of ex post facto law – law defining a crime after the crime occurred – is typically considered unethical.  Lawmakers expressed the need for the new U.S. attorney general, Michael B. Mukasey, to tackle the thorny issue, but he may be forced to turn away any prosecution citing a lack of legal framework.

FBI investigators concluded at least five Blackwater contractors fired on Iraqi civilians with automatic weapons. A contractor identified as “turret gunner No. 3″ fired most of the rounds, resulting in several fatalities. Investigators concluded the convoy escorted by Blackwater contractors were not fired upon, but instead were responding to their others in the same united. One officials familiar with the investigation said, “I wouldn’t call it a massacre, but to say it was unwarranted is an understatement.”

NYT 

The chief prosecutor in the Iraqi High Tribunal examining the death of 180,000 in Iraqi Kurdistan from chemical weapons attacks said the death sentences against three former ministers should proceed. Munqith al-Faroon rejected the arguments that one minister, Sultan Hashim al-Tai, should be pardoned because he was only following orders.

Al-Tai negotiated the cease-fire in the first Gulf War and surrendered to U.S. forces after the invasion of Iraq in 2003. The Iraqi High Tribunal sentenced him and two others to hang for genocide, war crimes and crimes against humanity for their role in “Operation ANFAL,” a chemical weapons attack in northern Iraqi Kurdistan.
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The death sentences against Ali Hassan al-Majid, known as “Chemical Ali,” and three others, including Ahmad al-Tai, who negotiated the cease-fire ending the 1991 Gulf War, are in legal limbo amid fears the executions could spark further sectarian violence and hamper efforts at reconstruction.  The Iraqi High Tribunal sentenced the men to hang for genocide, war crimes and crimes against humanity for their role in “Operation ANFAL,” a chemical weapons attack in northern Iraqi Kurdistan.  The issue stems from the apprehension of Iraqi President Jalal Talabani, himself a Kurd, to sign off on the penalties as mandated by the constitution.  The Iraqi constitution mandates that a three man presidential council sign off on death sentences, though it is unclear if that rule applies to the special tribunal.  The men are in the custody of the United States at Camp Cropper and will be handed over to Iraqi custody after their fate is determined. (more…)

The United Nations Assistance Mission in Iraq (UNAMI) issued a report Thursday calling for the United States government to prosecute private security contractors accused of killing civilians, stating that indiscriminate civilian killings amount to war crimes or crimes against humanity. An uproar of criticism surrounds two high-profile incidents in which scores of Iraqi civilians were shot by private contractors acting on diplomatic security detail. In one case, the Australian firm, Unity Resources Group, was tied to the deaths of two Iraqi women who approached a USAID convoy. Another case involved the deaths of 17 Iraqi’s following an IED attack near a State Department convoy escorted by the security firm, Blackwater USA. (more…)

The presiding officer in the investigation into the killing of 24 Iraqi civilians in the town of Haditha concluded the cases lacked sufficient evidence to proceed with murder charges. Investigators recommended charging Staff Sgt. Frank Wuterich with negligent homicide rather than murder because of the nature of the investigation. Murder charges against Lance Cpl. Justin Sharratt were thrown out and it is expected that generals overseeing the case will follow suit for charges pending against Lance Cpl. Stephen Tatum.

Sharratt was charged with the execution style murder of three Iraqi men, but later had the charges dismissed. Tatum faced an Article 32 investigation for the negligent homicide of two men, a woman and a child, as well as assault on two children injured by a grenade. Wuterich was charged with 18-counts of murder during a “clearing operation” following in IED - improvised explosive device - on a military convoy of the U.S. Marine’s Kilo Company in the town of Haditha.

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Prosecutors from the Naval Criminal Investigative Service are pursuing possible war crimes charges against U.S. Marines for actions in Fallujah, Iraq in 2004.

The charges allege that Marines from Camp Pendleton killed several detained insurgents.

Jose Nazario Jr., 27, faces voluntary manslaughter charges in civilian court and several other Marines are under investigation.

The investigation ensued after Ryan Weemer, a 24-year-old rifleman for the Marine’s Kilo Company, mentioned the incident during a polygraph examination for employment with the Secret Service. Weemer described the killings when asked about possible participation in a wrongful death.

The Marines entered a house under insurgent fire and took several captive. Nazario inquired to Weemer if the captives were dead. After responding in the negative, Nazario allegedly stated, “make it happen,” the Associated Press quotes.

Kilo Company members face prosecution over similar incidents in Haditha, Iraq, in which Marines allegedly killed several Iraqi civilians.

One other former Marine, Steven Green, faces rape and murder charges in civilian court for a separate incident.

AP

Witnesses in the trial of Saddam Hussein’s cousin, Ali Hassan al-Majid, testified that he had ordered the execution of 200 people during a Shi’ite uprising in southern Iraq in 1991. One unnamed Shia witness testified from behind a curtain that al-Majid, also known as “Chemical Ali”, personally oversaw the execution of the first 25 people. The witness testified that al-Majid ordered the execution of the prisoners “… in batches - 25 at a time.” Al-Majid made repeated claims he was not present in the area during the time of the executions and also made several attempts to halt the proceedings, noting that defense lawyers were afraid to attend the trials.

Al-Majid is facing prosecution for alleged atrocities committed in response to a Shi’ite rebellion following the U.S. led liberation of Kuwait in 1991. The Shaaban Intifada began after U.S. - led forces forced Iraqi troops from Kuwait. The rebellion was successful in seizing control of several cities and brought rebels within 60-miles of the capital, Baghdad. U.S. President George H. W. Bush encouraged Iraqis to “take matters into their own hands” and “force Saddam Hussein to step aside” following the Iraqi defeat in the first Gulf War. Shi’ite’s claim they had expected U.S. support for the rebellion, but U.S. forces withdrew leaving Saddam Hussein to put down the uprising. It is estimated that tens of thousands were killed suppressing the uprising and buried in mass graves.

Al-Majid, and 14 other defendants, face the death penalty for their charges of crimes against humanity. Al-Majid was sentenced to death on September 4 for orchestrating the Halabja massacre in March 1998, where an estimated 5,000 people were killed by chemical gas attack, earning al-Majid his nickname of “Chemical Ali.” Iraqi law states that death sentences be carried out within 30 days of the ruling.

BBC/Reuters

The Iraqi government said it would revoke the business license of the security firm, Blackwater USA, after a shotting incident following an attack on a U.S. State Department convoy.  The Interior Ministry of Iraq alleges 11 people were killed “when Blackwater contractors opened fire at random after mortar rounds landed near the convoy”, a spokesman said.  Blackwater said it had acted “lawfully and appropriately” to the attack on the convoy.  No State Department officials were wounded in the attack, though one vehicle was disabled and towed from the area.  U.S. Secretary of State, Condoleeza Rice, telephoned the Iraqi Prime Minister Nuri al-Maliki to express regret over civilian casualties. Iraqi officials said it would review the status of security firms operated by foreign powers.  Al-Maliki commented that the shooting was a “crime.”

Blackwater USA is contracted to protect key personnel in Iraq.  The company was founded by former Navy SEAL, Eric Prince, and is comprised mostly of former U.S. Special Forces personnel.  J. Cofer Black, the former head of the CIA’s counterterrorism division, is also a vice president of the company. (more…)

Three Marine Corps personnel were officially disciplined for their role in the death of 24 Iraqi civilians during a raid in the town of Haditha in 2005.  Maj. Gen. Richard A. Huck, the former commanding general of the 2nd Marine Division, was given a letter of censure for the “actions he took and failed to take” in the Haditha raid.  Cols. Stephen W. Davis and Robert G. Sokoloski were also given letters of censure for failure to respond to the killings and unsatisfactory performance respectively.  In a statement, Gen. James T. Conway, commandant for the Marine Corps, said that “accountability and responsibility are the foundation fo all we do as Marines.”

Letters of censure impede future promotions and may result in a demotion in rank when considering future compensation and retirement benefits.  There is no appeal for letters of censure, though the officers can submit rebuttals to be entered into their official records.

Staff Sft. Frank Wuterich testified in military court yesterday in a preliminary hearing for his Article 32 tribunal - the military equivalent of a grand jury.  Wuterich testified that he was operating according to military rules of engagement when he lead the Marines of Kilo Company in a house-to-house raid in response to an IED attack on their convoy that killed Lance Corporal Miguel Terrazas.  The raid resulted in the deaths of Iraqi civilians, including woman and children.

Wuterich stated that he “advised the team something like shoot first and ask questions later or don’t hesitate to shoot.”  Captain Alfonso Capers, Wuterich’s reporting officer, stated that “shoot first, ask questions later means everyone’s expendable.  You can’t do that.”  Wuterich has admitted to killing five Iraqi’s he claims were fleeing from a white vehicle shortly after the IED attack.  Wutherich claims that the men “were not complying and, in fact, they were starting to run.”  Sgt. Sanick Dela Cruz, who was granted immunity in exchange for his testimony, stated that the Iraqi men were in custody and had their arms raised when Wuterich shot them.

Wuterich responded that “based on the information I had at the time, based on the situation, I made the best decision I could have at the time.”

Four Marines have been charged with murder for the events in Haditha, and four were charged with dereliction of duty.  Charges against three others were dropped.  Wuterich faces a life sentence if convicted on all charges.

NPR/AP/Reuters

The appeals court to the Iraqi High Tribunal upheld the death sentence of Saddam Hussein’s cousin, Ali Hassan al-Majeed - widely known as “Chemical Ali” - for his role in an elimination campaign targeted against Iraqi Kurds in northern Iraq.  A appellate court judge, Munir Hadad, stated that “The government now has to carry out the execution against Ali Majid … any time within a 30-day period.”  The court also upheld the death sentences against Sultan Hashim, the former defense minister, and Hussien Rashid, the former deputy head of operations for the Iraqi military.

The death sentences stem from atrocities committed against the Kurdish population in a military campaign known as Operation ANFAL.   In June, 1988, Iraqi military - directed by al-Majid - killed up to 180,000 Kurdish civilians and guerillas as part of a crackdown against uprisings in Iraqi Kurdistan.  Al-Majid admitted to ordering troops to execute Kurds who would not participate with imposed displacements, however, he denied the use of chemical weapons during the campaign.  Prosecutors allege al-Majid had ordered the deployment of mustard gas and nerve agents during Operation ANFAL, earning him the nickname of “Chemical Ali.”  The defense, however, claims the Kurdish population were collaborating with Iran during the Iran-Iraq war and were therefore legitimate military targets.  Al-Majid was found guilty and sentenced to death in June.

Al-Majid was also standing trial for his role in the brutal suppression of a Shi’ite rebellion - which was allegedly backed by the United States - following the defeat of Iraq in the 1991 Gulf War.  It is estimated that tens of thousands were killed in the Shaaban Intifada and buried in mass graves.  Al-Majid is expected to be executed before this trial ends.

AP/Reuters