US War Crimes and the Return of the Winter Soldier

Frida Berrigan:

The Laws of Armed Conflict and the Geneva Conventions were designed as the basis for military conduct in times of war. Three central principles govern armed conflict: military necessity, distinction (soldiers must engage only valid military targets) and proportionality (the loss of civilian lives and property damage must not outweigh the military advantage sought). Among other things, the Geneva Conventions identify grave breaches of international law as the “willful killing; torture or inhuman treatment; willful causing of great suffering; and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully or wantonly.” An examination of the military’s actions in the aftermath of Haditha reveals a clear unwillingness to apply these principles.

...Military prosecutors have won convictions against soldiers and Marines in more than 200 cases of violent crimes, including murder, rape and assault against Iraqi civilians, according to a July 27, 2007 New York Times analysis. In some cases, these convictions may come with severe sentences. Federal prosecutors are said to be seeking the death penalty for former Pvt. Stephen Green, who is accused of raping and murdering a 14-year-old Iraqi girl, as well as slaying her parents and younger sister. He will be tried as a civilian because he was discharged before the crimes came to light. This horrific crime is the subject of Brian de Palma’s new movie Redacted.

But seeking the death penalty for Green, sentencing Hutchins to 15 years or court-martialing Wuterich for multiple unpremeditated murders is not the same as seeking justice for war crimes. These three should be held responsible, but the scales of justice are tipped toward scapegoating the convenient foils. They have committed awful and criminal acts, but their guilt cannot be easily separated from those who are the architects of the war.

In November 2006, the Center for Constitutional Rights (CCR), a nonprofit legal and educational organization, filed a criminal complaint, asking a German federal prosecutor to open “a criminal prosecution that will look into the responsibility of high-ranking U.S. officials for authorizing war crimes in the context of the so-called war on terror,” according to a CCR statement. On behalf of 12 Iraqi citizens whom the U.S. military detained and tortured at Abu Ghraib, the complaint names former Secretary of Defense Donald Rumsfeld and other high-ranking U.S. officials. The German court dismissed the case in April 2007, ruling that a U.S. court should hear the charges. But CCR-along with other groups-have filed similar charges in Sweden, Argentina and France.

...While these projects inch forward, soldiers are taking matters into their own hands. In March 2008, Iraq Veterans Against the War will convene new Winter Soldier hearings, modeled on the February 1971 meetings in a Detroit Howard Johnson’s. In the shadow of the My Lai massacre revelations, the hearings provided a platform to more than 125 Vietnam veterans to describe the atrocities they participated in and witnessed. This effort could once again give the United States a chance to listen to soldiers and Marines as they break the silence, hold themselves and each other accountable and demand the same from the architects of the war.