December 19, 2024

Warren, Van Hollen, Jacobs Demand Answers on Horrific War Crime Cover-Up

“DoD has repeatedly misled the public about what has come to be known as the Haditha Massacre.”

New photos from the scene reveal Iraqi civilians killed in their homes by U.S. Marines; Marine Corps Commandant bragged about keeping photos secret.

Text of Letter (PDF)

Washington, D.C. - U.S. Senator Elizabeth Warren (D-Mass.), a member of the Senate Armed Services Committee, Senator Chris Van Hollen (D-Md.), and Representative Sara Jacobs (D-Calif.), a member of the House Armed Services Committee, sent a letter requesting the Department of Defense (DoD) Inspector General investigate reports that the DoD mishandled a case involving  U.S. Marines killing civilians in Haditha, Iraq, and DoD’s continued efforts to cover up the alleged war crimes. 

In November 2005, as U.S. Marines patrolled the Iraqi town of Haditha, an improvised explosive device (IED) exploded, striking their convoy, killing one Marine and injuring two others. Immediately after the explosion, eight Marines moved through nearby Iraqi homes to pursue what they described as “the continuing threat” and “armed terrorists who fled the IED site.” Afterwards, the Marine Corps failed to conduct an investigation until three months after the incident, violating then-existing policy and law that required prompt reporting and thorough investigation.

A recent New Yorker story revealed several disturbing photos of Iraqi civilians, including women and children, who appear to have been killed in their homes by U.S. Marines. The graphic photos from that day appear to reveal a much more sinister, deliberate, and cruel execution of civilians, and not the accidental chaos and misidentification of civilians described as armed combatants in previous reports. General Michael Hagee, the Marine Corps Commandant at the time of the Haditha killings, “bragged about keeping the Haditha photos secret.”

“We seek to understand whether DoD improperly withheld information from the public regarding this incident, and whether current DoD processes can ensure timely and complete investigations in response to reported instances of civilian harm,” wrote the lawmakers.

In 2013, the Defense Legal Policy Board reviewed investigations into civilian deaths and prosecutions of DoD personnel accused of war crimes and published a report on military justice in combat zones, which provided several recommendations on how to improve and increase training at all levels and make other institutional corrections. Specifically, the review called for the appointment of a joint commander to “have a central role in the administration of military justice in a theater of operations” who is “ultimately responsible for the conduct of his force,” including “all forces, from every service.”

Yet, even after that report, senior DoD leadership appeared to continue to cover up evidence of the massacre. Following the Haditha killings, the DoD denied New Yorker reporters’ Freedom of Information Act requests for DoD records of alleged war crimes in Iraq and Afghanistan since September 11, 2001. The DoD also claimed it would not release the photographs due to concerns about the surviving family members of the Iraqis killed that day, even though those same family members ultimately assisted the New Yorker in obtaining and finally publishing them. 

“We expect and require the U.S. military to uphold the law, rules, and ethics code that service members swear to obey,” continued the lawmakers. “Ensuring fair and swift justice for any violations of the rules of war supports good order and discipline in the armed forces while also building trust with the American people and the international community.”

The 2013 DoD review included several recommendations for changes to DoD’s policy on military justice for war zone investigations. The lawmakers seek to understand DoD’s implementation of the 2013 recommended policy changes, DoD’s current practices to investigate and report civilian harm, and whether they are equipped to better hold military personnel accountable.

The lawmakers are requesting answers by December 30, 2024.

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