The War Profiteers - The Haditha Massacre

“[…] We vacate the decision of the United States Navy-Marine Corps Court of Criminal Appeals and the order of the military judge quashing the Government’s subpoena. We remand the record of trial to the Judge Advocate General of the Navy for return to the military judge for further consideration of whether relief should be granted to Petitioner-CBS under R.C.M. 703. Prior to ruling, the military judge shall order production of the requested material for in camera inspection by the military judge alone. […]”

June 17^th, 2008 - Charges Dismissed Against Marine Officer in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] A military judge here today dismissed all charges, without prejudice, against Lt. Col. Jeffrey Chessani. Chessani was charged with dereliction of duty and violation of a lawful order for his alleged actions and inactions following an incident in Haditha, Iraq on Nov. 19, 2005, in which Iraqi civilians were killed.

“Because the charges were dismissed without prejudice, the government may re-prefer charges against Chessani, however, the military judge ruled that the Commander, U.S. Marine Corps Forces Central Command, the Commander, I Marine Expeditionary Force, and the Commander, Joint Forces Command and their respective subordinate commands are prohibited from doing so.

“The military judge’s decision is also subject to appeal by the government. The military judge ruled in favor of a defense motion to dismiss charges due to the appearance of unlawful command influence in the case. […]”

June 4^th, 2008 - Verdict Announced at General Court-Martial in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] A court-martial panel rendered the following verdict today in the case Lt. Andrew A. Grayson for his alleged actions following an incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. Grayson also is alleged to have attempted to fraudulently separate from the Marine Corps. Grayson was found not guilty of all charges and specifications. Grayson was charged with making false official statements and attempting to fraudulently separate from the Marine Corps. […]”

March 28^th, 2008 - Charges Dismissed Against Marine in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Charges against Lance Cpl. Stephen B. Tatum for his alleged involvement in the death of Iraqi civilians in Haditha, Iraq on November 19, 2005, were dismissed today. This was done in order to continue to pursue the truth seeking process into the Haditha incident. Charges of involuntary manslaughter, reckless endangerment and aggravated assault for were referred to general court-martial Oct. 19, 2007. […]”

December 31^st, 2007 - Charges Referred to General Court-Martial for Marine Officer in Haditha Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Lieutenant General Samuel Helland, Commander, U.S. Marine Corps Forces Central Command Friday referred charges against 1^st Lt. Andrew Grayson to a general court-martial based on his alleged actions following an incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. The charges referred against 1^st Lt. Grayson are making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps. Lt. Gen. Helland dismissed the charge of dereliction of duty.

“Lt. Gen. Helland made his decision after consideration of information developed from investigations by Marine, Army and Naval Criminal Investigative Service investigators, as well as evidence produced during an Article 32 investigation hearing. […]”

December 31^st, 2007 - Charges Referred to General Court-Martial for Marine in Haditha Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Lieutenant General Samuel Helland, Commander, U.S. Marine Corps Forces Central Command Friday referred charges against SSgt. Frank Wuterich to a general court-martial based on his alleged involvement in an incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. The charges referred against SSgt Wuterich are voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice. Lt. Gen. Helland dismissed the charges of unpremeditated murder, soliciting another to commit an offense and false official statement.

October 19^th, 2007 - Charges Referred to General Court-Martial for Marine Officer in Haditha Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Lieutenant General James Mattis, Commander, U.S. Marine Corps Forces Central Command today referred charges against Lance Cpl. Stephen B. Tatum to a general court-martial based on his alleged involvement in an incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. The charges referred against Lance Cpl. Tatum are involuntary manslaughter, reckless endangerment and aggravated assault. Lt. Gen. Mattis dismissed the charges of murder and negligent homicide. […]”

October 19^th, 2007 - Charges Referred to General Court-Martial for Marine in Haditha Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Lieutenant General James Mattis, Commander, U.S. Marine Corps Forces Central Command today referred charges against Lt. Col. Jeffrey R. Chessani to a general court-martial based on his alleged actions and inactions following an incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. The charges referred against Lt. Col. Chessani are dereliction of duty and violation of a lawful order for failing to accurately report and investigate the incident. […]”

September 18^th, 2007 - Charges Dismissed Against Marine Officer in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Charges against Capt. Lucas M. McConnell stemming from the command response to the death of Iraqi civilians in Haditha, Iraq on Nov. 19, 2005, were dismissed on Sept. 12, 2007. A Grant of Immunity and Order to Cooperate with All Parties were issued to McConnell in order to further the fact finding process into the incident.

“McConnell was charged Dec. 21, 2006 with dereliction of duty for allegedly failing to ensure the incident was reported accurately to higher headquarters and for failing to ensure the incident was immediately investigated. McConnell was the Commanding Officer of Company K, 3rd Battalion, 1st Marine Regiment, at the time of the incident. […]”

September 5^th, 2007 - Senior Marine Officers Sanctioned For Haditha Incident

Press Release by the U.S. Marine Corps, Division of Public Affairs

“[…] Three Marine officers have been administratively sanctioned for their actions associated with the subsequent reporting and investigation of the deaths of 24 Iraqi citizens in Haditha, Iraq, on Nov. 19, 2005.

“Maj. Gen. Richard A. Huck, former commanding general of the 2^nd Marine Division, has received a letter of censure from the Secretary of the Navy for the actions he took and failed to take in response to the circumstances surrounding a battlefield incident in Haditha on Nov. 19, 2005. Col. Stephen W. Davis, former commanding officer, Regimental Combat Team – 2, 2^nd Marine Division, has received a letter of censure from the Secretary of the Navy for his failure to take appropriate action when informed about the incident in Haditha. Col. Robert G. Sokoloski, former chief of staff, 2^nd Marine Division (Forward), has received a letter of censure from the Secretary of the Navy for his unsatisfactory performance of duty relative to the Haditha incident. […]”

August 30^th, 2007 - Additional Charges Preferred Against Marine in Haditha Case

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Two additional charges of dereliction of duty were preferred against Lt. Col Jeffrey R. Chessani today for his alleged failure to investigate and report the deaths of Iraqi civilians following an improvised explosive device attack on Marine convoy in Haditha, Iraq on Nov. 19, 2005. Chessani was charged with violation of a lawful order and dereliction of duty on Dec. 21, 2006 for his involvement in the incident. The Article 32 investigation hearing for Chessani was held from May 30 to June 11, 2007 here. At Chessani’s request, the Article 32 investigation was re-opened for one day on Aug. 8, 2007. The investigating officer was Col. Christopher Conlin. Conlin recommended that the additional charges be preferred. […]”

August 23^rd, 2007 - Investigating Officer’s Report

Report by the U.S. Western Pacific Judicial Circuit (2,5 MB)

“[…] Summary of facts

“On 19 November 2005, in Haditha, Iraq, Lance Corporal (LCpl) Tatum was a passenger in the third vehicle of a four vehicle convoy. As the convoy traveled down route Chestnut on a logistics mission, an Improvised Explosive Device (IED) exploded under the fourth vehicle in the convoy. LCpl Tatum ran to the vehicle that was damaged to assist with any Marines who were injured. LCpl Terrazas was mortally wounded, LCpl Guzman suffered minor injuries and LCpl Crossan was stuck under debris from the damaged vehicle and had suffered significant injuries. LCpl Tatum assisted in pulling LCpl Crossan out of the debris and began first aid under the direction of Corpsman Whitt.

“While LCpl Tatum was administering to LCpl Crossan he heard gunfire to the West and South. He also heard sporadic gunfire from the North but did not return fire. Lieutenant (Lt) Kallop arrived on scene and after receiving fire from the South he ordered Staff Sergeant (SSgt) Wuterich to lead a fire team south to clear the house from where he believed the fire originated. Corporal (Cpl) Salinas fired an M203 round toward the houses to the South. LCpl Tatum joined SSgt Wuterich, Cpl Salinas, Lt Kallop and LCpl Sharratt to clear the houses to the South. LCpl Mendoza ran to catch up. On the way to house 1, (as identified in the investigation), LCpl Sharratt returned to his vehicle to retrieve an M240G weapon. Lt Kallop also stopped heading South when he received word from another Marine that Marines may have located the trigger house for the IED to the North. SSgt Wuterich led the remaining Marines, Cpl Salinas, LCpl Mendoza and LCpl Tatum to house 1 advising them that the house was to be treated as hostile.

“Cpl Salinas then entered house 1 and shot and killed Khamisa Tuema Ali in the hallway by the stairs. SSgt Wuterich and LCpl Tatum followed into the hallway with LCpl Mendoza entering last. LCpl Mendoza moved to the room to the right of the hallway, observed Guhid Abdal Hameed Hasan (Guhid) inside the room and shot him when Guhid made a movement toward the closet. While Cpl Salinas, LCpl Tatum and SSgt Wuterich were still in the hallway they heard a noise coming from the room to their left. Cpl Salinas and SSgt Wuterich were convinced that sound was the sound of an AK-47 rifle being racked. LCpl Tatum agreed, so he and Cpl Salinas threw grenades into the room. One of the two grenades exploded and shortly after the blast, SSgt Wuterich and LCpl Tatum entered the room and began firing at occupants in the room. As a result Abdul Hameed Husin Ali (Abdul), Waleed Abdul Hameed Hasan, Abdullah Waleed Abdul Hameed (Abdullah) and Asmaa Salman Rasif (Asmaa) were killed and Eman Waleed Abd A1 Hameed and Abd Al-Rahman Waleed A1 Hameed were injured by a combination of the grenade fragments and or bullets.

“After the gunfire ceased, SSgt Wuterich announced that someone ran out of the house toward house 2 (as identified in the investigation). SSgt Wuterich ordered the Marines to leave house 1 and pursue the runner into house 2. LCpl Tatum was the last to arrive at house 2. SSgt Wuterich, Cpl Salinas and LCpl Mendoza had taken positions outside house 2 next to one door. LCpl Mendoza kept watch toward a second door. One of the Marines knocked or rang a bell at the door. As Yunis Salim Rasif approached the second door, LCpl Mendoza shot through the door and killed him.

“Meanwhile, LCpl Tatum, who was still lagging behind the group, witnessed LCpl Mendoza shooting the man through the door as he caught up to the others at the house. SSgt Wuterich and LCpl Mendoza entered house 2. When LCpl Tatum arrived at the door, SSgt Wuterich ordered LCpl Tatum to ‘frag’ the next room in the home. LCpl Tatum obtained a grenade from Cpl Salinas and threw it into the room adjacent to the kitchen. It exploded, damaging the pipes in the shower room. Unknown to the Marines at that time was that there were two adult women and six children in the far back comer room of the house 2. SSgt Wuterich ordered the Marines to continue to clear house 2. LCpl Mendoza positioned himself inside the home in either the hallway or the kitchen. Cpl Salinas stayed outside house 2 and his whereabouts are not in evidence. At some point a Marine threw a grenade into the back room but it did not explode. Later, SSgt Wuterich entered the room and began firing at the occupants. LCpl Tatum entered the room second and fired his weapon toward the bed. As a result, Aida Yasin Ahmed, Mohomed Yunis Salim, Aisha Unes Salim, Zainab Unes Salim, Sena Yunis Salim, Noor Salim Rasif, Yuda Hasin Ahmed were killed. […]”

August 9^th, 2007 - Charges Dismissed Against Marine in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Charges against a Marine captain stemming from the command response to the death of Iraqi civilians in Haditha, Iraq in November, 2005, have been dismissed. Capt. Randy W. Stone was charged with violation of a lawful order and two specifications of negligent dereliction of duty. As Consolidated Disposition Authority for the Haditha cases, Lt. Gen. James Mattis, dismissed the charges against Stone today.

“Lt. Gen. Mattis has released the following statement regarding the dismissal of charges: ‘I have thoroughly reviewed and considered all of the evidence surrounding the Haditha incident and Captain Stone’s conduct with respect to command reporting of and response to the incident. It is clear to me that any error of omission or commission by Captain Stone does not warrant action under the Uniform Code of Military Justice. The Article 32 Investigating Officer recommended that the case not be tried at court-martial. I am aware of the line that separates the merely remiss from the clearly criminal, and I do not believe that any mistakes Captain Stone made with respect to the incident rise to the level of criminal behavior. […]’”

August 9^th, 2007 - Charges Dismissed Against Marine in Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Charges against a Marine allegedly involved in the death of Iraqi civilians in Haditha, Iraq in November, 2005, have been dismissed. Lance Cpl. Justin I. Sharratt was charged Dec. 21, 2006 with three specifications of unpremeditated murder. As Consolidated Disposition Authority for the Haditha cases, Lt. Gen. James Mattis, dismissed the charges against Sharratt Wednesday.

“Lt. Gen. Mattis has released the following statement regarding the dismissal of charges: ‘The events of November 19, 2005 have been exhaustively reviewed by Marine, Army, and Naval Criminal Investigative Service investigators. An independent Article 32 Investigating Officer has considered all the facts and determined that the evidence does not support a referral to court-martial for LCpl Sharratt. Based on my review of all the evidence in this case and considering the recommendation of the Article 32 officer, I have dismissed the charges against LCpl Sharratt. […]’”

April 17^th, 2007 - Charges Dismissed Against Marine In Haditha, Iraq Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

“[…] Charges against a Marine allegedly involved in the death of Iraqi civilians in Haditha, Iraq in November, 2005, have been dismissed. Sgt. Sanick P. Dela Cruz was charged on Dec. 21, 2006 with unpremeditated murder for the death of five Iraqi civilians.

“As Consolidated Disposition Authority for the Haditha cases, Lieutenant General James Mattis, granted Dela Cruz testimonial immunity. The charges against him were dismissed on April 2.

“Dela Cruz is one of four enlisted Marines charged with violations of the Uniform Code of Military Justice on Dec. 21, 2006 for their alleged involvement in the deaths of 24 Iraqi civilians following an improvised explosive device and small arms attack on a Marine convoy in Haditha, Iraq on Nov. 19, 2005. Charges were also preferred against four officers for their failure to investigate and report the deaths of the Iraqi civilians. […]”

December 21^st, 2006 - List of Charges and Specifications

Report by the U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

December 21^st, 2006 - Charges Preferred Against Eight Marines - Press Conference Statement

Report by the U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

December 21^st, 2006 - Haditha, Iraq Investigation Timeline: November 19^th, 2005 - December 21^st, 2006

Report by the U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

[…] 2006: December 21^st - Charges are preferred against four Marines in connection with the November 19, 2005 deaths of 24 Iraqi civilians near Haditha, Iraq. Charges are also preferred against four Marines for their failure to properly report and/or investigate the deaths of the Iraqi civilians. Press briefing conducted at the Camp Pendleton, Calif.

July 17^th - U.S. Marine Corps Forces Central Command (MARCENT) provides a full copy of the second Multi National Corps – Iraq AR 15-6 investigation to NCIS. NCIS incorporates the second Multi National Corps – Iraq AR 15-6 investigation into its criminal investigation.

July 7^th - The second Multi National Corps – Iraq AR 15-6 investigation is endorsed by the Commanding General for Multi National Corps – Iraq.

June 15^th - The second Multi National Corps – Iraq AR 15-6 investigation is closed.

March 28^th - 3rd Battalion, 1st Marine Regiment, 1st Marine Division begins its redeployment back to Camp Pendleton, Calif. after the completion of their deployment to Iraq.

March 17^th - The Commanding General for Multi National Corps – Iraq initiates a second AR 15-6 investigation concerning the official reporting of events and follow-on actions of 1st Squad, 3rd Platoon, “K” Company, 3rd Battalion, 1st Marine Regiment, 1st Marine Division on November 19, 2005, the training of Marines in the rules of engagement (ROE) and law of armed conflict (LOAC) and the command climate in 3rd Battalion, 1st Marine Regiment as it pertains to the disciplined application of ROE and LOAC. The investigating officer is Maj. Gen. Bargewell.

March 12^th - Multi National Force – West, initiates a NCIS investigation into the November 19, 2005 civilian deaths near Haditha, Iraq, and a Judge Advocate General Manual (JAGMAN) investigation concerning the official reporting of civilian deaths.

March 9^th - Multi National Corps – Iraq’s AR 15-6 investigation is closed. MNC-I recommends further Criminal Investigation Division (CID) or Naval Criminal Investigative Service (NCIS) investigation into the civilian deaths near Haditha, Iraq.

February 14^th - Multi National Corps – Iraq (MNC-I) directs an Army Regulation 15-6 (AR 15-6) investigation concerning the circumstances of 24 Iraqi civilian deaths near Haditha, Iraq on November 19, 2005.

January 24^th - Time Magazine reporter contacts the Multi National Force-West (2nd Marine Division) public affairs officer claiming he is investigating the deliberate killing of civilians during an incident in Haditha, Iraq on November 19, 2005

2005: November 20^th - Multi National Force - West (MNF-W) issues press release stating that 15 civilians were killed in an improvised explosive device (IED) explosion and that U.S. Marines and Iraqi forces killed eight insurgent in the ensuing fire fight.

November 19^th - Deaths of 24 Iraqi civilians near Haditha, Iraq.

November, 19^th - A four-vehicle convoy containing U.S. service members from 1st Squad, 3rd Platoon, “K” Company, 3rd Battalion, 1st Marine Regiment, 1st Marine Division and Iraqi forces encountered a deliberate insurgent improvised explosive device (IED) and small arms fire ambush near Haditha, Iraq. One U.S. Marine was killed and two were wounded. […]

December 12^th, 2006 - Delegation of Detailing Authority to Lieutenant Colonel Phillip Simmons USMC

Internal order by the U.S. Marine Corps Forces Central Command

June 2006 - The Response to the Haditha Incident

Internal Report by the U.S. Marine Corps

Excerpts from Army Maj. Gen. Eldon A. Bargewell’s report, as reported by the Washington Post on April 21^st, 2007:

“[…] The response to the Haditha incident

“I found no direct evidence of any orchestrated effort or any effort on the part of any individual above the squad level to cover up this incident. I did find that individuals above the squad level were complicit, whether intentionally or unintentionally, in attempts to hide criminal conduct. Leaders from the platoon through the 2nd Marine Division level, particularly at the Company and Battalion level, exhibited a determination to ignore indications of serious misconduct, perhaps to avoid conducting an inquiry that could prove adverse to themselves or their Marines. […]

“The most remarkable aspect of the follow-on action with regard to the civilian casualties from the 19 November 2005 Haditha incident was the absence of virtually any kind of inquiry at any level of command into the circumstances surrounding the deaths. […]

“It also suggests an unwillingness, bordering on denial, on the part of the Battalion Commander to examine an incident that might prove harmful to him and his Marines. […]

“Attitudes toward civilian life

“Statements made by the chain of command during interviews for this investigation, taken as a whole, suggest that Iraqi civilian lives are not as important as U.S. lives, their deaths are just the cost of doing business, and that the Marines need to get 'the job done' no matter what it takes. These comments had the potential to desensitize the Marines to concern for the Iraqi populace and portray them all as the enemy even if they are noncombatants. […]

“Most witnesses also noted that civilian casualties were to be expected because the insurgents intentionally hid among civilians, used them as shields and/or intentionally tried to provoke coalition responses that would produce civilian casualties. Although this proposition may accurately reflect insurgent tactics, the officers from Company K and 3/1 who were interviewed raised this point so uniformly in response to questions about the number of casualties that it almost appeared rehearsed. […]

“The RCT-2 Commander, however, expressed only mild concern over the potential negative ramifications of indiscriminate killing based on his stated view that the Iraqis and insurgents respect strength and power over righteousness.

“Recommendations

“I recommend that this investigation be used to inform the continuing development and improvement of ROE [rules of engagement] reset training and that it be used as a case study for training in staff procedures and reporting. The lessons are particularly applicable to ROE application in counterinsurgency operations against an unscrupulous enemy employing hit and run tactics designed to provoke indiscriminate, disproportionate, or simply misdirected responses from coalition forces. The lessons for staff procedures and reporting are basic, but the case study will illustrate how simple failures can lead to disastrous results. […]”

June 7^th, 2006 - Marine Commandant ‘Gravely Concerned’ Over Alleged Misconduct in Iraq

1 news article by the American Forces Press Service

March 17^th, 2006 - Multi-National Corps I Directs Haditha Investigation

1 press release by the U.S. Central Command

October 12^th, 2005 - Iraqi Commander visits Marines and Iraqi Soldiers in Haditha

1 press release by the 2^nd Marine Division

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