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Puerto Vallarta News NetworkNews from Around the Americas | March 2006 

Iraqi Civilian Deaths Shrouded in Secrecy
email this pageprint this pageemail usDavid Gritten - BBC News


www.iraqbodycount.net
Recent figures from the campaign group Iraq Body Count put the minimum number of civilians killed in Iraq since the US-led invasion three years ago at between 33,710 and 37,832.

Although many of those deaths were caused by insurgent attacks, multi-national forces stationed in Iraq ostensibly to protect the population have been responsible for a significant number post-invasion.

Hundreds of civilians have been killed during major offensives by US-led forces against insurgents in cities such as Fallujah, and many others have died after lethal force was used at military checkpoints.

Military commanders have said those killed were "collateral damage" or the unfortunate victims of "crossfire" between their troops and militants.

But the announcement that US military investigators have flown to Iraq to study allegations that their troops deliberately shot dead at least 15 civilians in Anbar Province in November has cast doubt on some of those claims.

'Riddled With Bullets'

A US statement at the time said the civilians, including seven women and three children, died in a roadside bomb explosion that also killed a marine in the western town of Haditha.

But survivors and those who saw the bodies said the account was not true.

"Their bodies were riddled with bullets, there was evidence that there had been gunfire inside their homes, there were blood spatters inside their homes," Bobby Ghosh, a journalist who took up the case for Time magazine, told the BBC.

"It was quite clear that these people were killed indoors, which couldn't possibly have happened if they'd been involved in a roadside blast."

An initial military inquiry found the two families had indeed been shot dead in their homes by the marines, but it described the deaths as "collateral damage".

The report has now prompted the US Naval Criminal Investigation Service (NCIS) to determine the motives behind the killing.

The NCIS will have to decide whether the civilians were killed by accident or were targeted by the marines as an act of revenge in a potential war crime.

Several American veterans of the war in Iraq have told the BBC's Newsnight program that the marines' reaction to the roadside bomb attack in Haditha was not an isolated incident.

Specialist Michael Blake, who served in Balad, said it was common practice to "shoot up the landscape or anything that moved" after an explosion.

'Common Practice'

Another veteran, Specialist Jody Casey, who was a scout sniper in Baquba, said he had also seen innocent civilians being killed.

Bombs "go off and you just zap any farmer that's close to you", he said.

Mr. Casey said he did not take part in any atrocities himself, but was advised to always carry a shovel. He could then plant this on any civilian victims to make it look as though they were digging roadside bombs.

The US and British governments say the fact the allegations are being investigated at all shows that progress has been made in Iraq.

UK International Development Minister Hilary Benn welcomed the inquiry and said it was important that the perpetrators were being brought to justice.

"The big difference between now and the 30 years that people endured under Saddam is that when things happened nobody was called to account, there was no due process," he said.

'Secrecy'

Although human rights groups have also welcomed the launch of the inquiry, they are quick to point out that the multi-national forces have investigated only a minority of the reports alleging the unlawful or deliberate killing of Iraqi civilians.

Nicole Choueiry, a spokeswoman for Amnesty International, told the BBC News website that those investigations which had taken place had often been inadequate and shrouded in secrecy.

The victims' families are also often unaware of how to apply for compensation.

There are no governmental or judicial bodies in Iraq to investigate human rights violations and the activities of international groups such as Amnesty and Human Rights Watch have been limited by the deteriorating security situation.

Ms. Choueiry believes an official body needs to be set up to ensure multi-national troops fulfil their mission while abiding by international humanitarian and human rights law.

"Whether the investigations are civilian or led by the judiciary, the most important thing is for them to be independent, impartial and transparent," she said.

Immunity

But the effectiveness of such an organization would be severely restricted by an order originally issued by the Coalition Provisional Authority, and renewed by the Iraqi government in 2004, that grants foreign forces immunity from Iraqi criminal and civil law.

Instead, the troops remain subject solely to the jurisdiction of their own states.

The US and UK have been accused of limiting the number and power of criminal prosecutions - in January, a US officer was punished with a reprimand and a $6,000 fine for killing a captured Iraqi general - or simply not undertaking them at all.

No prosecution was launched after a US marine was filmed shooting dead an incapacitated insurgent in a mosque in Fallujah in November 2004.

Phil Shiner, a solicitor representing several Iraqi families taking the British government to court over human rights violations, told the BBC News website the small chance of anything being investigated effectively makes redundant the fourth Geneva Convention, which protects civilians in times of war or under occupation by a foreign power.

"The protection of the fourth Geneva Convention means nothing if the military does not investigate the crime," he said.

Mr. Shiner has challenged the immunity of British troops in Iraq and their right to run their own investigations by arguing that European human rights law applied during their operations.

The UK High Court ruled in December that the British government would have to hold an "independent and effective" inquiry into the death of a man from Basra, Baha Mousa, because he died while in British custody.

Although the High Court also said it would be "premature" to conclude the British government was in breach of the European Convention on Human Rights before the outcome of the ministry's own investigation was known, such a ruling could have profound consequences for the armed forces.

It has considerably strengthened the case for the prosecution of soldiers found to have acted unlawfully.
Benchmarks: US Iraq Casualties Stay High
Martin Sieff - United Press International

Washington - As Iraq teeters on - or over - the brink of civil war the pressure is not easing on the hard-pressed U.S. ground forces there.

Over the past month, the average rate at which U.S. troops have been killed in Iraq has significantly fallen, but the rates at which they are being wounded have dramatically increased.

U.S. mainstream media reports have focused only on the numbers being killed. But over the past eight months, we have repeatedly emphasized in this column that the far larger numbers of U.S. troops wounded, especially those wounded too seriously to return to active duty, represent a far broader and more statistically significant figure of the scale of insurgent activity and the degree to which it is succeeding or failing to inflict significant casualties on U.S. forces.

The total number of U.S. troops killed in Iraq through Tuesday, March 21 since the start of U.S. operations to topple Saddam Hussein on March 19, 2003, was 2,319, according to official figures issued by the Department of Defense, a rise of 49 in the past 39 days or an average of just over 1.3 killed per day.

The good news is that this is a more than 60 percent improvement on the rate of 3.1 killed per day in early February. And it is a 350 percent improvement on the 33 U.S. soldiers killed in only seven days from Jan. 11 through Jan. 17, an average of 4.7 soldiers killed per day.

The bad news, however, is that in the 39 days from Feb. 11 through March 21, 616 U.S. soldiers were injured in Iraq, an average of 15.8 per day. This was more than twice as bad as the Feb. 4-10 period when 47 U.S. soldiers were injured at an average rate of just under seven per day. And it was also more than 36 percent worse than the rate of the five-day period from Jan. 30 through Feb. 3 when 58 U.S. soldiers were injured, according to the DOD figures, at an average rate of 11.6 per day.

These figures are also of significance in that they represent a trend over almost 40 days - a far longer period than than the ones in which we usually examine casualty rates and their statistical trends in the conflict.

The number of U.S. troops wounded in action from the beginning of hostilities on March 19, 2003, through March 21, 10, was 17,269, according to the Department of Defense figures.

Some 7,981 of those troops were wounded so seriously that they were listed as "WIA Not RTD" in the DOD figures. In other words: Wounded in Action Not Returned to Duty, an increase of 275 such casualties in 39 days, at an average rate of just over seven injured per day.

This more than twice as bad as the 3.3 per day average of the Feb. 4-10 period and it was almost 50 percent worse than the Jan. 30-Feb. 3 period when 24 U.S. troops were wounded seriously enough that they were not returned to duty at an average rate of 4.8 per day.

These figures should also be seen in the context of another trend in the Iraqi conflict. Since the destruction of the dome of the Golden Mosque in Samara last month, for the first time Iraqi Shiites have started reacting in a popular, violent manner on a broad scale against the Sunni community.

This might be expected to distract the Sunni Muslim insurgents from focusing on targeting U.S. troops and, indeed, just a few days ago USA Today reported a trend we have been monitoring and documenting in this column for almost four months - the number of attacks and casualties inflicted on U.S. forces has been decreasing somewhat while the insurgents have turned with increasing ferocity first on the new Iraqi security forces and, since January, against Iraqi civilian targets.

However, as we noted above, the capability of the insurgents to go on waging attacks on U.S. forces and increasing the number of them they are injuring has not diminished, it has increased: The insurgency is therefore clearly growing in its capabilities as it has been able to inflict far worse punishment on the Iraqi Shiite community while maintaining or even increasing its rate of casualties inflicted on U.S. troops at the same time.

President George W. Bush's optimism and determination to stay the course in his press conference Tuesday must therefore be tempered by the sobering reality reflected in the statistics issued by his own Department of Defense: There is not the slightest indication that current U.S. strategy and tactics in Iraq are diminishing the popularity and capability of the insurgency. It continues to grow in its tactical capabilities against both U.S. forces and Iraqi civilians.



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