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Marines keep combat rules to themselves [Haditha and Hamdania cases]
Los Angeles Times ^ | July 31, 2007 | Tony Perry

Posted on 07/31/2007 3:54:49 AM PDT by RedRover

CAMP PENDLETON — The war-crime hearings underway here have led to an unusual public airing of some of the Marine Corps' most tightly held combat secrets: the so-called rules of engagement that govern when Marines can use deadly force in Iraq.

Testimony thus far suggests the rules are ambiguous and subjective, and leave many Marines feeling they are being hamstrung in their ability to protect themselves by killing or capturing the enemy.

< snip >

In the Haditha cases, where enlisted Marines killed numerous civilians during a raid, the hearing officer, Lt. Col. Paul Ware, has repeatedly expressed exasperation at testimony about the rules of engagement.

Capt. Kathryn Navin, a lawyer who briefs Marines in Iraq before they go into combat, testified that it is permissible to shoot and kill people fleeing a roadside bomb attack even if they are unarmed and no proof exists that they were involved in the attack.

But, Navin added, it is not necessarily permissible to kill someone just for pointing a gun at you.

"So the [rules of engagement] are more restrictive than the common law, where [a civilian] can kill someone who points a gun at you?" Ware asked with a note of incredulity.

Capt. Jeffrey Dinsmore, who was the battalion intelligence officer when Marines killed 24 civilians in Haditha, testified that there is continuing conflict between frontline Marines and upper-level officers about what constitutes positive identification and what behavior defines hostile action.

(Excerpt) Read more at latimes.com ...


TOPICS: Extended News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: courtmartial; defendourmarines; haditha; hamdania; marines; pendleton; roe
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Unfortunately, the LA Times is excerpt only. The whole article is worth reading for anyone interested in cases arising out of combat service in Iraq.
1 posted on 07/31/2007 3:54:53 AM PDT by RedRover
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To: 4woodenboats; aculeus; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ...

2 posted on 07/31/2007 3:58:01 AM PDT by RedRover (DefendOurMarines.com)
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To: RedRover
But, Navin added, it is not necessarily permissible to kill someone just for pointing a gun at you.

Just point back and squeeze!!!!!

3 posted on 07/31/2007 3:58:43 AM PDT by Recon Dad (Marine Spec Ops Dad)
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To: RedRover
"...it is not necessarily permissible to kill someone just for pointing a gun at you."

WTF???? You're supposed to let them take the first shot? What is this b.s.???????
4 posted on 07/31/2007 4:10:51 AM PDT by Enchante (Reid and Pelosi Defeatocrats: Surrender Now - Peace for Our Time!!)
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To: RedRover

This explains why these Marines have consistently said they heard the sounds of AKs being “racked”.

Once they hear that sound they know their lives are in danger and can act accordingly.


5 posted on 07/31/2007 4:34:16 AM PDT by usmcobra (I sing Karaoke the way it was meant to be sung, drunk, badly and in Japanese)
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To: Enchante
WTF???? You're supposed to let them take the first shot? What is this b.s.???????

It's nothing new, that's for sure. The same ROE was used in Mogadishu.

It's an insane denial of reality, since our troops are sent out to patrol wearing kevlar and ceramic plates, and are loaded down with spare ammo and weapons they cannot use until fired upon.

6 posted on 07/31/2007 4:40:46 AM PDT by angkor
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To: Recon Dad
More from the article (hard to believe we're willing to throw away good NCOs in a time of war)...

Marines called as character witnesses for the defendants have made no reference to whether they are judged fit for combat based on their knowledge and obedience to the rules of engagement. Rather, a Marine's dedication to helping colleagues survive appears to take precedence.

"He's a good noncommissioned officer," Capt. William Diaz testified about Cpl. Trent D. Thomas [in the Hamdania case]. "Good NCOs are hard to find. He would get his Marines home alive; that's the primary thing."

Thomas, making an unsworn statement to the same jury, said, "Every Marine I ever served with knows Cpl. Thomas has his back."

7 posted on 07/31/2007 5:15:04 AM PDT by RedRover (DefendOurMarines.com)
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To: usmcobra
Once they hear that sound they know their lives are in danger and can act accordingly.

The most galling thing about the LCpl Tatum hearing is that a pfc is testifying against him. The pfc says he didn't feel there was a threat in Haditha. That morning was the pfc's first day in combat.

But Tatum, an experienced lance corporal (a veteran of Fallujah II), did recognize the threat and acted--maybe saving the pfc's life.

I believe LtCol Ware, the IO in the Tatum hearing, will accept LCpl Tatum's assessment and recommend that charges be dismissed. I don't think there's a reasonable alternative.

8 posted on 07/31/2007 5:41:49 AM PDT by RedRover (DefendOurMarines.com)
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To: RedRover; jazusamo; Girlene; xzins; freema; Blue Ribbon Mom; lilycicero; smoothsailing
Capt. Jeffrey Dinsmore, who was the battalion intelligence officer when Marines killed 24 civilians in Haditha, testified that there is continuing conflict between frontline Marines and upper-level officers about what constitutes positive identification and what behavior defines hostile action.

Think about it.

This is exactly why the Democrats use Bombs. Like themselves, they aren't accountable for collateral damage or unintended consequences. Damn their black hearts!

NCIS and JAG should both fall to a clearance scythe, leaving those standing cut off at the knees.

9 posted on 07/31/2007 5:46:09 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: RedRover

I’m getting real sick and tired of those douche bags that were killed at Haditha always being wrongly labeled as “civilians”. They were not civilians. They were insurgents.

The rest of this insane crap can be traced straight back to the sick, twisted, malicious leftist “journalism” propaganda that oozed out of the minds of the degenerate treason class during and after Vietnam.


10 posted on 07/31/2007 6:10:53 AM PDT by Grimmy (equivocation is but the first step along the road to capitulation)
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To: RedRover
it is permissible to shoot and kill people fleeing a roadside bomb attack even if they are unarmed and no proof exists that they were involved in the attack

Too bad you can't hear me say, "Hmmmm".

11 posted on 07/31/2007 6:33:33 AM PDT by lilycicero (I see you are in your happy place.)
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To: lilycicero

Yeppers. The incident at the white taxi will come down to this in court: one Marine saw a threat and one Marine did not. Too bad there wasn’t time to take a vote.


12 posted on 07/31/2007 6:46:30 AM PDT by RedRover (DefendOurMarines.com)
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To: brityank
Amen. Anyone who has the slightest knowledge about what “rules of engagement” are recognizes that we are sending good men and women into harm’s way where they can’t adequately protect themselves.

Also notice that the real echelon “experts” are second guessing them. I could have used a different word for “expert”. I suspect if one goes far enough back (not necessarily up the chain) the stench of lawyers will become unbearable. A person is not in the chain if you can’t write his fitness report.

13 posted on 07/31/2007 6:53:58 AM PDT by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: RedRover

oh for the good old days of.. shoot ‘em all, let God sort it out.


14 posted on 07/31/2007 7:02:37 AM PDT by stylin19a (Don't buy a putter until you have had a chance to throw it.)
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To: RedRover

I can bomb the house, but I can’t shoot it? That is right up there with sheer stupidity.

In a hostile house, I have to ID the intent of a target before I shoot, but I’m allowed to frag the room?

Here’s the rule: Son, come home alive. That is the most ethical thing for your family and for you. Come home alive.

NCO: Bring ‘em home alive.


15 posted on 07/31/2007 7:38:03 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: xzins; Girlene

Will putting Marines on trial result in a more humane form of warfare?

In the houses cleared by the Marines, Iraqis had time to flee and there were survivors inside.

In the houses bombed from the air, no one had warning and no one survived.

Which attack was more humane?


16 posted on 07/31/2007 8:02:15 AM PDT by RedRover (DefendOurMarines.com)
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To: RedRover; xzins
At the end of the article: Navin [Capt. Kathryn Navin, a lawyer who briefs Marines in Iraq before they go into combat] testified that Marines are given a 70-slide lecture on the rules before being sent to the front lines. The final slide in the formal lecture shows a cartoon of an Arab figure, riding a camel and waving a sword, who has just lopped off the nose of a fighter jet on the ground.

The pilot asks, "What are the rules of engagement?"


This article does a good job explaining the conundrum that the Marines and the Investigating Officer find themselves in with these cases. Tony Perry did a good job bringing this issue to the forefront and explains the reason the IO asked both the defense and the prosecution to present their arguements on ROE's for his review before making a decision.
17 posted on 07/31/2007 8:13:19 AM PDT by Girlene
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To: brityank

18 posted on 07/31/2007 9:03:43 AM PDT by Girlene
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To: RedRover
"Marines are required to positively identify a target, even a house that is considered hostile," said Lt. Col. Paul Atterbury, the lead prosecutor. "Is it challenging? Yes. Unfortunately that's the reality we have."

On the surface I believe Atterbury made a false statement. If a house has been declared hostile because because enemy fire has come from it, according to Atterbury our troops couldn't fire into that house unless they actually saw an enemy fire at them. It doesn't require much common sense to figure out that an enemy isn't going to expose himself and fire at us so we can fire back.

Atterbury also uses the term "we" pretty loosely. If he was told to clear a house that enemy fire had come from, I believe he would toss in a grenade before he entered just as these Marines did without identifying individual enemy. If Atterbury didn't it would undoubtedly by the last door he ever walked through.

I think this was a good article by Perry, he covered the subject of the rules of engagement without including what he thinks they should be.

19 posted on 07/31/2007 9:10:17 AM PDT by jazusamo (DefendOurMarines.com)
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To: jazusamo

Agreed. Perry has good days and bad days. This was a good day.

I don’t think Atterbury’s argument will be persuasive. LCpl Tatum was told the house was hostile and he positively identified hostile intent (which has to be more than just eye contact).

And if the IO can’t figure out when it’s okay to fire, and when it’s not, I can’t see criminalizing Tatum’s actions.


20 posted on 07/31/2007 9:31:35 AM PDT by RedRover (DefendOurMarines.com)
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