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From The Sacramento Bee, December 23, 2006: Editorial: Death at Haditha

Marine Corps charges send a message

Four Marine Corps enlisted men have been charged with murder and four officers with dereliction of duty in the killing of 24 Iraqi civilians in the town of Haditha. Convictions could bring sentences ranging from six months to life in prison. How this process unfolds is important both as a matter of justice and as a demonstration that the U.S. military can judge accused criminals without regard to their nationality or that of their victims.

The allegations in the case are stark: While on patrol in the Euphrates Valley northwest of Baghdad on Nov. 19, 2005, members of Company K, Third Battalion, First Marine Regiment, encountered several unarmed Iraqi men. Details about the exact sequence of events are not clear, but in the end, the Marines had killed 24 people, including six children, in several attacks on a car and three nearby houses. Hours earlier, a fellow Marine had been killed by a roadside bomb in an area of heavy Sunni insurgent activity.

Legal experts say the gravity of the charges bespeaks an unusually aggressive approach by prosecutors. Gary Solis, who teaches the law of war at Georgetown University and at West Point, said, "The Marine Corps is sending a message to commanders ... that they better pay close attention to the activities of their subordinates."

Among the officers charged was the battalion commander, a lieutenant colonel. None of the officers was at the scene. They are accused of failing to fully investigate and report the incident.

Sending a message to commanders is appropriate, especially in light of several killings of Iraqi civilians by U.S. troops and the lenient punishments meted out in some cases. One Marine lance corporal, for example, was given 21 months after pleading guilty to killing an unarmed Iraqi civilian and placing a weapon next to the body to make it appear the victim was an insurgent.

What's more important than sending a message, however, is that justice be done and is seen to be done. If the charges are proved, a harsh penalty would be in order. But whatever the ultimate verdict, it should reflect the willingness of the U.S. military to judge its members based on what they did, why they did it and whether the circumstances in any way justified it. That's a tough challenge but one that must be met, for the sake of those who died, for those on trial and for the integrity of this country in meting out impartial justice.