This post from Pajamas Media isn't hot off the press, but Jim Hanson of Blackfive takes an in-depth look at the Haditha murder cases and concludes that crimes were not committed on that fateful day in November 2005. The one remaining soldier facing murder charges is SSgt Wuterich. Charges against the other soldiers were dropped, and it appears likely that Wuterich will be cleared.
Hanson bypasses any discussion as to whether the rules of engagement (ROE) were appropriate, and in terms of the legal proceedings, he's right. For those Marines in Haditha, ROE were established and the test is whether those rules were breached. The answer, so far, is "no".
Nevertheless, it is apparent that the ROE were part of the problem, and it looks the tactics used in Fallujah were applied to Haditha. Bing West:
The ROE stipulate the circumstances under which a soldier may employ deadly force. In the Fallujah battle, Battalion 3/1 was fighting so fiercely that reporters referred to the ROE as "Enter every room with a boom." But in Haditha, unlike Fallujah, there were civilians in the room.
The superior officers who developed the ROE share some responsibility, but in my view, most of the fault lies with the high command and its piss-poor strategy. The Marines had initially cleared and held Haditha, but because of troop shortages, they were deployed to Fallujah twice, allowing insurgents back into the town unchallenged. November 2005 was the Marines' third stint in Haditha, and by that time, all the previous progress had gone up in smoke. What had been a pacified city was a hot zone.
Congressman Jack Murtha helped ignite this incident by going public and proclaiming that the Marines "killed innocent civilians in cold blood". I don't know about you, but when I read "cold blood", it sounds awfully like Murtha was accusing those Marines of murder for this tragedy. He owes those soldiers an apology. However, in one aspect Murtha is right in his comment that there was "pressure" on the Marines, and that pressure came about because of the way those Marines were jerked around by their "superiors".

So if you want to kill some people for a bit of revenge
(#57591)or stupidity just go 'clear' some nearby houses,
its all in the ROE...
No matter how its spun no matter how many lawyers
pile in, no matter how many differing accounts the
result is a lot of dead, unarmed, civilians.
To quote one of the commentators from your link,
"And the facts clearly bear out, as presented here, that
they were wrong, the families were not insurgents. The
five men were probably not insurgents so far as we've been
told. So it would seem that not only were the rules ignored, but the very people the rules were designed to
protect were killed. You can't get much more wrong than
that."
If Wuterich walks
(#57503)How will it look to ordinary Iraqis?
Why assume the Fallujah ROE, where civilians were largely not present, should apply to Haditha where they were and were known to be?
In another diary Jordan comments that there is no going back to 2003. If you are maintaining that the ROE did not and should not reflect the presence of civilians then this diary is a perfect example of why there is no going back and little hope going forward either.
"Something I think most liberals don't understand is exactly how stupid many conservative leaders are." - Matt Yglesias
it seems to me that women and children
(#57596)were not present in falluja, but men of fighting age were not allowed to leave the town. I have no idea how the combatant/non combatant casualties break down and I doubt anyone does.
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parentThe question is,
(#57506)will the people who approved the ROE for Haditha be held accountable. Fallujah and Haditha were entirely different situations, so ROE used in Haditha were clearly flawed.
As to how it will look to ordinary Iraqis if Wuterich is acquitted, depends on how the story is conveyed. The Iraqi people have seen our conduct firsthand, and they've seen our soldiers go through the military justice system for alleged crimes. However, the story can be easily spun to put us in a worse light.
"I think BDog would make this place interesting." --catchy
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parentWorse light
(#57570)I doubt much spinning would be required.
"Something I think most liberals don't understand is exactly how stupid many conservative leaders are." - Matt Yglesias
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parent