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April 20th, 2008 - Rules of Engagement Ignored in Haditha Case

Opinion by the Beacon

Summary of the Haditha Massacre

Rules of Engagement Ignored in Haditha Case

 

By Lauren Salem

The Beacon

April 20, 2008

 

On March 28, the US military dropped all charges against Stephen Tatum, a marine, who was involved in the civilian killings in Haditha, Iraq, on November 19, 2005.

 

Tatum was charged with "two counts of involuntary manslaughter, of unarmed children, reckless endangerment and aggravated assault" according to the BBC News. Spokespeople for the Marine Corps said that they dropped all charges "in order to continue to pursue the truth-seeking process into the Haditha incident."

 

"I'm not satisfied with the outcome because the punishments don't come close to the crimes committed in Haditha," Abdul Rahman Al-Mashhadani, a member of the Hammurabi Human Rights Organization, said in the Frontline feature "Rules of Engagement." "We expected that the soldiers would be exonerated. I thought the soldiers would be let off or...claim insanity."

 

According to official reports of the incident in question, after a roadside bombing, U.S. marines were told to clear all the houses around the area. Tatum claimed during his trial that he was told by his squad leader to treat the houses as hostile, according to the Frontline report. Tatum said that he heard shots had been fired before he entered the house, so he threw a grenade into the room he thought the shots were coming from.

 

"The grenade just went off, dust was in the air, smoke was in the air, couldn't really make out much more than targets," Tatum said. As a result 3 men, 2 women, and a child, all unarmed innocent victims, died, because Tatum failed to positively identify them.

 

Rules of engagement require that soldiers must positively identify enemies before firing. According to Gary Solis, Adjunct Professor at Georgetown Law School; Marine (Ret.), 'positive identification' means simply that: "Before you can fire on an individual, you must positively identify that individual as representing a threat to you or your fellow Marines or soldiers."

 

Tatum proceeded into a second house using the same procedure and never took more than 2-3 steps into any of the rooms, which resulted in the death of five more children and two more women, according to the Frontline story. Tatum said he did not see the women and children and only fired because he was coming to the aid of a fellow marine who was all ready shooting.

 

The prosecution argued during the trial that the marines should not have used aggressive house-clearing tactics and they presented evidence that there was enough light for soldiers to identify the women and children before shooting.

 

"I'm not comfortable with the fact that women and children died that day," Tatum said in his Frontline interview. I know I might have had a part in it. I don't know if my rounds impacted anybody. That is a burden I will have to bear."

 

Tatum should have received some form of punishment, because it was clear that he was not following the "rules of engagement," one of which includes positive identification. The rules of engagement entitle every solider the right to defend themselves against threats, but also tells them when and against who they can use deadly forces against.

 

If the military and government courts choose not to prosecute soldiers who violate such important and long-standing rules, the United States could face a military that runs amok. Defense of the nation is about discipline and following orders, both of which seemed, at least in the moment at Haditha, absent.

 

Based on the evidence, this was not a situation that required deadly force and maybe Tatum would have realized that if he actually looked at the people he was about to kill. The courts and military personnel need to carefully examine the potential fall-out from a decision to drop the charges in this case.

 

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