Lawfare Daily: A New Database of Possible U.S. War Crimes with Madeleine Baran and Parker Yesko
Nov 15, 2024
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Madeleine Baran and Parker Yesko, investigative reporters from the New Yorker’s In the Dark podcast, dive into the harrowing Haditha incident where Marines killed 24 civilians in 2005. They reveal the hurdles of military justice and the systemic failures in prosecuting these war crimes. Their newly compiled database of possible American war crimes serves as a vital resource, spotlighting the challenges of transparency and accountability. They discuss the legal complexities faced when uncovering the truth behind U.S. military actions in Iraq and Afghanistan.
The Haditha incident in 2005 highlighted severe deficiencies in the military justice system's ability to hold service members accountable for war crimes.
Over four years, journalists compiled a database documenting over 700 potential American war crimes in Iraq and Afghanistan, revealing alarming rates of impunity.
Access to crime scene photographs was secured to provide evidence of the Haditha killings, emphasizing the need for transparency and accountability.
Deep dives
The Haditha Incident Overview
In November 2005, a convoy of U.S. Marines in Haditha, Iraq, was attacked by an IED, resulting in the death of one Marine. In retaliation, Marines entered the nearby neighborhood and killed 24 civilians, including a three-year-old child and a 70-year-old grandfather. This event took place during a particularly volatile period of the Iraq War and attracted significant media attention, including comments from then-President George W. Bush, who promised accountability for any wrongdoing. However, the expected transparency and accountability faded over time, leading to questions about the military justice system's effectiveness in punishing those involved in the killings.
Investigative Challenges
The investigative process surrounding the Haditha case revealed significant obstacles, including the military's bureaucratic complexities and a lack of transparency. Key documents, such as trial transcripts and investigative files, were often difficult to obtain, with some requiring legal action to access. For instance, much of the supporting evidence, including eyewitness accounts from Iraqi survivors, was not utilized in court, highlighting a disconnection between the public's understanding of military justice and the realities of prosecutorial practices. This thorough investigation spanned over four years, and reporters faced ongoing challenges in navigating the military's opaque systems.
The Military Justice System's Limitations
The military justice system demonstrated various shortcomings in handling war crime allegations, particularly in the Haditha case, where accountability for serious offenses was minimal. Of the eight Marines initially charged, only one was ultimately put on trial, and the majority of cases were dismissed or resulted in minimal sentences. This systemic leniency was evident in the outcomes, where the median sentence for those convicted was merely eight months, highlighting a troubling trend of impunity for service members involved in violence against civilians. The complex blend of military protocol and legal procedures often favored the accused, leaving victims and their families without justice.
Establishing a War Crimes Database
As part of a broader investigation, reporters established a comprehensive database documenting potential American war crimes from 2001 onward, which included over 700 incidents. The database aimed to shed light on how many of these cases reached prosecution and how many resulted in convictions, answering critical questions about the military's accountability processes. Authentication of alleged war crimes involved tracking outcomes for roughly 600 perpetrators, revealing that less than 20% faced any convictions. Interestingly, many of the cases fizzled out during initial investigations, often concluding without reaching the courtroom, which underscored the need for such an investigative resource.
Publication of Crime Scene Photos
Amid the Haditha investigation, access to crime scene photos taken by military personnel was secured, revealing stark evidence of the horrific events. These photos documented the aftermath of the killings, as Marines photographed the bodies of civilians where they fell, capturing crucial details that would inform further investigation. The decision to publish select images was approached with caution, prioritizing consent from surviving family members and aiming to present the reality of the killings responsibly. By releasing these images to the public, the goal was to foster a greater understanding of the incident's gravity and the human cost associated with military actions in conflict zones.
Madeleine Baran and Parker Yesko, investigative reporters with the New Yorker’s In the Dark podcast, join Lawfare Managing Editor Tyler McBrien to discuss In the Dark: Season 3, which tells the story of a small group of Marines who killed 24 civilians in Haditha, Iraq, on Nov. 19, 2005.
They also discussed “The War Crimes That the Military Buried,” a new database of possible American war crimes committed in Iraq and Afghanistan, which Baran and Yesko compiled over the course of their four-year investigation.
