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http://www.onlineathens.com/stories/011107/opinion_20070111049.shtml

Story updated at 12:48 AM on Thursday, January 11, 2007
Jeff Emanuel
Late last month, charges were filed against eight Marines for the incident in Haditha, Iraq which left 24 people dead in November 2005. Four, including the squad leader who faces 13 counts of the crime, were charged with murder.

According to Reuters, "Iraqi witnesses say the Marines shot civilians in their homes to retaliate for the death of their comrade, Lance Cpl. Miguel Terrazas, who was ripped in half by the bomb that exploded under a convoy rolling through Haditha, some 60 miles north of Baghdad."

Predictably, so-called "human rights" groups are complaining about the supposed lack of severity of the charges and have condemned the United States' unwillingness to turn the Marines over to an Iraqi court to face the death penalty there.

A spokesman for Human Rights Watch praised the initial charges, but said accountability should go higher into the chain of command. The spokesman told Reuters, "If the military really wants to stop future abuses it shouldn't just focus on low-level offenders, it needs to focus on the systemic issues that lead to war crimes."

As I wrote in June, (Column, "Marines deserve some benefit of doubt," June 11), "If there was wrongdoing, and if it was covered up, all of those responsible will be appropriately punished. The U.S. military severely punishes wrongdoers. For evidence, refer to the Abu Ghraib prisoner abuse ... The two soldiers portrayed in the majority of the Abu Ghraib photographs received three years and 10 years in jail, respectively. Given that level of sentencing for an incident which, though hateful and malicious, did not result in civilian deaths, it is a no-brainer that the Marines at Haditha, should they be guilty of the cold-blooded murder of innocents, will receive every bit of punishment they deserve."

However, if it turns out there was anything involved in Haditha besides a revenge-fueled massacre of known innocents, then prosecuting these Marines will set a dangerous precedent, and send a very poor message to our fighting men and women facing death and danger every day in the War on Terror.

As I noted in June, in this fight, our troops are facing something vastly different from "usual combat." As I wrote then, "No longer are our soldiers fighting a uniformed enemy, all of whom answer to a unified higher command, and all of whom have a similar or identical objective. Instead, they are fighting enemies who dress like civilians, use churches and schools as a base of operations and, as soon as the opportunity presents itself, grab the nearest woman or child to use as a shield. Today's enemies are just as happy to see their own countrymen killed as Americans, and will gladly use and sacrifice any person available to help achieve their various goals."

When engaged in a fight like this, it would be the height of foolishness to demand that our soldiers willingly take the casualties required until they can positively identify only enemy fighters.

"Collateral damage" is a clean term for a gruesome reality - the deaths of those not directly involved in fighting. But when a population allows insurgents and fighters to operate among them, it's an unavoidable reality. Far too many U.S. troops have been lost trying not to harm civilians while taking enemy fire. Prosecuting those who do end up wounding or killing - without murderous intent - noncombatants in the middle of the fight effectively makes suicide the only other option for our troops.

As bad as the scenario from Haditha may sound, it's important to remember nothing has been decided yet, and that, in America, all are innocent until proven guilty.

The Marines in question are doing what they can to cope with their situation. Rightly judged not to be a danger to themselves or others, nor to be flight risks, they are not in custody. I sincerely hope they had a merry Christmas with their families. Their fallen comrades will never again enjoy such things, and those who can - these men included - should enjoy every moment they are able.

Also unfortunately, the 24 Iraqis killed Nov. 19, 2005 will never again enjoy time with their families. For those who were innocent civilians, their deaths are most regrettable, and if they were killed in cold blood, then their murderers should - and will - receive their just desserts.

However, as I also said in June, "... (W)hatever guilty parties there may be (if any) will be brought to justice. Until then, it should not be too much to ask that our soldiers, sailors, airmen, and Marines ... be given at least a slight benefit of the doubt."

And I stand by every word.

• Jeff Emanuel, a Special Operations military veteran who served in Iraq, is a Security Leadership fellow at the University of Georgia Center for International Trade and Security.