The Other
War: Iraq Vets Bear Witness
By Chris Hedges and Laila al-Arian
11/12/07 "The
Nation" -- -Over
the past several months The Nation has interviewed fifty
combat veterans of the Iraq War from around the United
States in an effort to investigate the effects of the
four-year-old occupation on average Iraqi civilians. These
combat veterans, some of whom bear deep emotional and
physical scars, and many of whom have come to oppose the
occupation, gave vivid, on-the-record accounts. They
described a brutal side of the war rarely seen on television
screens or chronicled in newspaper accounts.
Their stories, recorded and typed into thousands of pages of
transcripts, reveal disturbing patterns of behavior by
American troops in Iraq. Dozens of those interviewed
witnessed Iraqi civilians, including children, dying from
American firepower. Some participated in such killings;
others treated or investigated civilian casualties after the
fact. Many also heard such stories, in detail, from members
of their unit. The soldiers, sailors and marines emphasized
that not all troops took part in indiscriminate killings.
Many said that these acts were perpetrated by a minority.
But they nevertheless described such acts as common and said
they often go unreported - and almost always go unpunished.
Court cases, such as the ones surrounding the massacre in
Haditha and the rape and murder of a 14-year-old in
Mahmudiya, and news stories in the Washington Post, Time,
the London Independent and elsewhere based on Iraqi accounts
have begun to hint at the wide extent of the attacks on
civilians. Human rights groups have issued reports, such as
Human Rights Watch's Hearts and Minds: Post-war Civilian
Deaths in Baghdad Caused by U.S. Forces, packed with
detailed incidents that suggest that the killing of Iraqi
civilians by occupation forces is more common than has been
acknowledged by military authorities.
This Nation investigation marks the first time so many
on-the-record, named eyewitnesses from within the US
military have been assembled in one place to openly
corroborate these assertions.
While some veterans said civilian shootings were routinely
investigated by the military, many more said such inquiries
were rare. "I mean, you physically could not do an
investigation every time a civilian was wounded or killed
because it just happens a lot and you'd spend all your time
doing that," said Marine Reserve Lieut. Jonathan Morgenstein,
35, of Arlington, Virginia. He served from August 2004 to
March 2005 in Ramadi with a Marine Corps civil affairs unit
supporting a combat team with the Second Marine
Expeditionary Brigade. (All interviewees are identified by
the rank they held during the period of service they recount
here; some have since been promoted or demoted.)
Veterans said the culture of this counterinsurgency war, in
which most Iraqi civilians were assumed to be hostile, made
it difficult for soldiers to sympathize with their victims -
at least until they returned home and had a chance to
reflect.
"I guess while I was there, the general attitude was, A dead
Iraqi is just another dead Iraqi," said Spc. Jeff Englehart,
26, of Grand Junction, Colorado. Specialist Englehart served
with the Third Brigade, First Infantry Division, in Baquba,
about thirty-five miles northeast of Baghdad, for a year
beginning in February 2004. "You know, so what?... The
soldiers honestly thought we were trying to help the people
and they were mad because it was almost like a betrayal.
Like here we are trying to help you, here I am, you know,
thousands of miles away from home and my family, and I have
to be here for a year and work every day on these missions.
Well, we're trying to help you and you just turn around and
try to kill us."
He said it was only "when they get home, in dealing with
veteran issues and meeting other veterans, it seems like the
guilt really takes place, takes root, then."
The Iraq War is a vast and complicated enterprise. In this
investigation of alleged military misconduct, The Nation
focused on a few key elements of the occupation, asking
veterans to explain in detail their experiences operating
patrols and supply convoys, setting up checkpoints,
conducting raids and arresting suspects. From these
collected snapshots a common theme emerged. Fighting in
densely populated urban areas has led to the indiscriminate
use of force and the deaths at the hands of occupation
troops of thousands of innocents.
Many of these veterans returned home deeply disturbed by the
disparity between the reality of the war and the way it is
portrayed by the US government and American media. The war
the vets described is a dark and even depraved enterprise,
one that bears a powerful resemblance to other misguided and
brutal colonial wars and occupations, from the French
occupation of Algeria to the American war on Vietnam and the
Israeli occupation of Palestinian territory.
"I'll tell you the point where I really turned," said Spc.
Michael Harmon, 24, a medic from Brooklyn. He served a
thirteen-month tour beginning in April 2003 with the 167th
Armor Regiment, Fourth Infantry Division, in Al-Rashidiya, a
small town near Baghdad. "I go out to the scene and [there
was] this little, you know, pudgy little 2-year-old child
with the cute little pudgy legs, and I look and she has a
bullet through her leg.... An IED [improvised explosive
device] went off, the gun-happy soldiers just started
shooting anywhere and the baby got hit. And this baby looked
at me, wasn't crying, wasn't anything, it just looked at me
like - I know she couldn't speak. It might sound crazy, but
she was like asking me why. You know, Why do I have a bullet
in my leg?... I was just like, This is - this is it. This is
ridiculous."
Much of the resentment toward Iraqis described to The Nation
by veterans was confirmed in a report released May 4 by the
Pentagon. According to the survey, conducted by the Office
of the Surgeon General of the US Army Medical Command, only
47 percent of soldiers and 38 percent of marines agreed that
noncombatants should be treated with dignity and respect.
Just 55 percent of soldiers and 40 percent of marines said
they would report a unit member who had killed or injured
"an innocent noncombatant."
These attitudes reflect the limited contact occupation
troops said they had with Iraqis. They rarely saw their
enemy. They lived bottled up in heavily fortified compounds
that often came under mortar attack. They only ventured
outside their compounds ready for combat. The mounting
frustration of fighting an elusive enemy and the devastating
effect of roadside bombs, with their steady toll of American
dead and wounded, led many troops to declare an open war on
all Iraqis.
Veterans described reckless firing once they left their
compounds. Some shot holes into cans of gasoline being sold
along the roadside and then tossed grenades into the pools
of gas to set them ablaze. Others opened fire on children.
These shootings often enraged Iraqi witnesses.
In June 2003 Staff Sgt. Camilo Mejía's unit was pressed by a
furious crowd in Ramadi. Sergeant Mejía, 31, a National
Guardsman from Miami, served for six months beginning in
April 2003 with the 1-124 Infantry Battalion, Fifty-Third
Infantry Brigade. His squad opened fire on an Iraqi youth
holding a grenade, riddling his body with bullets. Sergeant
Mejía checked his clip afterward and calculated that he had
personally fired eleven rounds into the young man.
"The frustration that resulted from our inability to get
back at those who were attacking us led to tactics that
seemed designed simply to punish the local population that
was supporting them," Sergeant Mejía said.
We heard a few reports, in one case corroborated by
photographs, that some soldiers had so lost their moral
compass that they'd mocked or desecrated Iraqi corpses. One
photo, among dozens turned over to The Nation during the
investigation, shows an American soldier acting as if he is
about to eat the spilled brains of a dead Iraqi man with his
brown plastic Army-issue spoon.
"Take a picture of me and this motherfucker," a soldier who
had been in Sergeant Mejía's squad said as he put his arm
around the corpse. Sergeant Mejía recalls that the shroud
covering the body fell away, revealing that the young man
was wearing only his pants. There was a bullet hole in his
chest.
"Damn, they really fucked you up, didn't they!?" the soldier
laughed.
The scene, Sergeant Mejía said, was witnessed by the dead
man's brothers and cousins.
In the sections that follow, snipers, medics, military
police, artillerymen, officers and others recount their
experiences serving in places as diverse as Mosul in the
north, Samarra in the Sunni Triangle, Nasiriya in the south
and Baghdad in the center, during 2003, 2004 and 2005. Their
stories capture the impact of their units on Iraqi
civilians.
A Note on Methodology
The Nation interviewed fifty combat veterans, including
forty soldiers, eight marines and two sailors, over a period
of seven months beginning in July 2006. To find veterans
willing to speak on the record about their experiences in
Iraq, we sent queries to organizations dedicated to US
troops and their families, including Iraq and Afghanistan
Veterans of America, the antiwar groups Military Families
Speak Out, Veterans for Peace and Iraq Veterans Against the
War and the prowar group Vets for Freedom. The leaders of
IVAW and Paul Rieckhoff, the founder of IAVA, were
especially helpful in putting us in touch with Iraq War
veterans. Finally, we found veterans through word of mouth,
as many of those we interviewed referred us to their
military friends.
To verify their military service, when possible, we obtained
a copy of each interviewee's DD Form 214, or the Certificate
of Release or Discharge from Active Duty, and in all cases
confirmed their service with the branch of the military in
which they were enlisted. Nineteen interviews were conducted
in person, while the rest were done over the phone; all were
tape-recorded and transcribed; all but seven interviewees
(most of those currently on active duty) were independently
contacted by fact checkers to confirm basic facts about
their service in Iraq. Of those interviewed, seventeen
served in Iraq from 2003 to 2004, twenty from 2004 to 2005
and six from 2005 to 2006. Of the ten veterans whose tours
lasted less than one year, eight served in 2003, while the
others served in 2004 and 2005.
The ranks of the veterans we interviewed range from private
to captain, though only a handful were officers. The
veterans served throughout Iraq, but mostly in the country's
most volatile areas, such as Baghdad, Tikrit, Mosul, Falluja
and Samarra.
During the course of the interview process, five veterans
turned over photographs from Iraq, some of them graphic, to
corroborate their claims.
Raids
"So we get started on this day, this one in particular,"
recalled Spc. Philip Chrystal, 23, of Reno who said he
raided between twenty and thirty Iraqi homes during an
eleven-month tour in Kirkuk and Hawija that ended in October
2005, serving with the Third Battalion, 116th Cavalry
Brigade. "It starts with the psy-ops vehicles out there, you
know, with the big speakers playing a message in Arabic or
Farsi or Kurdish or whatever they happen to be, saying,
basically, saying, Put your weapons, if you have them, next
to the front door in your house. Please come outside, blah,
blah, blah, blah, blah. And we had Apaches flying over for
security, if they're needed, and it's also a good show of
force. And we're running around, and they - we'd done a few
houses by this point, and I was with my platoon leader, my
squad leader and maybe a couple other people.
"And we were approaching this one house," he said. "In this
farming area, they're, like, built up into little
courtyards. So they have, like, the main house, common area.
They have, like, a kitchen and then they have a storage
shed-type deal. And we're approaching, and they had a family
dog. And it was barking ferociously, 'cause it's doing its
job. And my squad leader, just out of nowhere, just shoots
it. And he didn't - motherfucker - he shot it and it went in
the jaw and exited out. So I see this dog - I'm a huge
animal lover; I love animals - and this dog has, like, these
eyes on it and he's running around spraying blood all over
the place. And like, you know, What the hell is going on?
The family is sitting right there, with three little
children and a mom and a dad, horrified. And I'm at a loss
for words. And so, I yell at him. I'm, like, What the fuck
are you doing? And so the dog's yelping. It's crying out
without a jaw. And I'm looking at the family, and they're
just, you know, dead scared. And so I told them, I was like,
Fucking shoot it, you know? At least kill it, because that
can't be fixed....
"And - I actually get tears from just saying this right now,
but - and I had tears then, too - and I'm looking at the
kids and they are so scared. So I got the interpreter over
with me and, you know, I get my wallet out and I gave them
twenty bucks, because that's what I had. And, you know, I
had him give it to them and told them that I'm so sorry that
asshole did that.
"Was a report ever filed about it?" he asked. "Was anything
ever done? Any punishment ever dished out? No, absolutely
not."
Specialist Chrystal said such incidents were "very common."
According to interviews with twenty-four veterans who
participated in such raids, they are a relentless reality
for Iraqis under occupation. The American forces, stymied by
poor intelligence, invade neighborhoods where insurgents
operate, bursting into homes in the hope of surprising
fighters or finding weapons. But such catches, they said,
are rare. Far more common were stories in which soldiers
assaulted a home, destroyed property in their futile search
and left terrorized civilians struggling to repair the
damage and begin the long torment of trying to find family
members who were hauled away as suspects.
Raids normally took place between midnight and 5 am,
according to Sgt. John Bruhns, 29, of Philadelphia, who
estimates that he took part in raids of nearly 1,000 Iraqi
homes. He served in Baghdad and Abu Ghraib, a city infamous
for its prison, located twenty miles west of the capital,
with the Third Brigade, First Armored Division, First
Battalion, for one year beginning in April 2003. His
descriptions of raid procedures closely echoed those of
eight other veterans who served in locations as diverse as
Kirkuk, Samarra, Baghdad, Mosul and Tikrit.
"You want to catch them off guard," Sergeant Bruhns
explained. "You want to catch them in their sleep." About
ten troops were involved in each raid, he said, with five
stationed outside and the rest searching the home.
Once they were in front of the home, troops wearing Kevlar
helmets and flak vests with grenade launchers mounted on
their weapons kicked the door in or used a sledgehammer to
break it down, according to Sergeant Bruhns, who
dispassionately described the procedure:
"You run in. And if there's lights, you turn them on - if
the lights are working. If not, you've got flashlights....
You leave one rifle team outside while one rifle team goes
inside. Each rifle team leader has a headset on with an
earpiece and a microphone where he can communicate with the
other rifle team leader that's outside.
"You go up the stairs. You grab the man of the house. You
rip him out of bed in front of his wife. You put him up
against the wall. You have junior-level troops, PFCs
[privates first class], specialists will run into the other
rooms and grab the family, and you'll group them all
together. Then you go into a room and you tear the room to
shreds and you make sure there's no weapons or anything that
they can use to attack us.
"You get the interpreter and you get the man of the home,
and you have him at gunpoint, and you'll ask the interpreter
to ask him: 'Do you have any weapons? Do you have any
anti-US propaganda, anything at all - anything - anything in
here that would lead us to believe that you are somehow
involved in insurgent activity or anti-coalition forces
activity?'
"Normally they'll say no, because that's normally the
truth," Sergeant Bruhns said. "So what you'll do is you'll
take his sofa cushions and you'll dump them. If he has a
couch, you'll turn the couch upside down. You'll go into the
fridge, if he has a fridge, and you'll throw everything on
the floor, and you'll take his drawers and you'll dump
them.... You'll open up his closet and you'll throw all the
clothes on the floor and basically leave his house looking
like a hurricane just hit it.
"And if you find something, then you'll detain him. If not,
you'll say, 'Sorry to disturb you. Have a nice evening.' So
you've just humiliated this man in front of his entire
family and terrorized his entire family and you've destroyed
his home. And then you go right next door and you do the
same thing in a hundred homes."
Each raid, or "cordon and search" operation, as they are
sometimes called, involved five to twenty homes, he said.
Following a spate of attacks on soldiers in a particular
area, commanders would normally order infantrymen on raids
to look for weapons caches, ammunition or materials for
making IEDs. Each Iraqi family was allowed to keep one AK-47
at home, but, according to Bruhns, those found with extra
weapons were arrested and detained and the operation
classified a "success," even if it was clear that no one in
the home was an insurgent.
Before a raid, according to descriptions by several
veterans, soldiers typically "quarantined" the area by
barring anyone from coming in or leaving. In pre-raid
briefings, Sergeant Bruhns said, military commanders often
told their troops the neighborhood they were ordered to raid
was "a hostile area with a high level of insurgency" and
that it had been taken over by former Baathists or Al Qaeda
terrorists.
"So you have all these troops, and they're all wound up,"
said Sergeant Bruhns. "And a lot of these troops think once
they kick down the door there's going to be people on the
inside waiting for them with weapons to start shooting at
them."
Sgt. Dustin Flatt, 33, of Denver, estimates he raided
"thousands" of homes in Tikrit, Samarra and Mosul. He served
with the Eighteenth Infantry Brigade, First Infantry
Division, for one year beginning in February 2004. "We
scared the living Jesus out of them every time we went
through every house," he said.
Spc. Ali Aoun, 23, a National Guardsman from New York City,
said he conducted perimeter security in nearly 100 raids
while serving in Sadr City with the Eighty-Ninth Military
Police Brigade for eleven months starting in April 2004.
When soldiers raided a home, he said, they first cordoned it
off with Humvees. Soldiers guarded the entrance to make sure
no one escaped. If an entire town was being raided, in
large-scale operations, it too was cordoned off, said Spc.
Garett Reppenhagen, 32, of Manitou Springs, Colorado, a
cavalry scout and sniper with the 263rd Armor Battalion,
First Infantry Division, who was deployed to Baquba for a
year in February 2004.
Staff Sgt. Timothy John Westphal, 31, of Denver, recalled
one summer night in 2004, the temperature an oppressive 110
degrees, when he and forty-four other US soldiers raided a
sprawling farm on the outskirts of Tikrit. Sergeant Westphal,
who served there for a yearlong tour with the Eighteenth
Infantry Brigade, First Infantry Division, beginning in
February 2004, said he was told some men on the farm were
insurgents. As a mechanized infantry squad leader, Sergeant
Westphal led the mission to secure the main house, while
fifteen men swept the property. Sergeant Westphal and his
men hopped the wall surrounding the house, fully expecting
to come face to face with armed insurgents.
"We had our flashlights and ... I told my guys, 'On the
count of three, just hit them with your lights and let's see
what we've got here. Wake 'em up!'"
Sergeant Westphal's flashlight was mounted on his M-4
carbine rifle, a smaller version of the M-16, so in pointing
his light at the clump of sleepers on the floor he was also
pointing his weapon at them. Sergeant Westphal first turned
his light on a man who appeared to be in his mid-60s.
"The man screamed this gut-wrenching, blood-curdling, just
horrified scream," Sergeant Westphal recalled. "I've never
heard anything like that. I mean, the guy was absolutely
terrified. I can imagine what he was thinking, having lived
under Saddam for years."
The farm's inhabitants were not insurgents but a family
sleeping outside for relief from the stifling heat, and the
man Sergeant Westphal had frightened awake was the
patriarch.
"Sure enough, as we started to peel back the layers of all
these people sleeping, I mean, it was him, maybe two guys,
either his sons or nephews or whatever, and the rest were
all women and children," Sergeant Westphal said. "We didn't
find anything.
"I can tell you hundreds of stories about things like that
and they would all pretty much be like the one I just told
you. Just a different family, a different time, a different
circumstance."
For Sergeant Westphal, that night was a turning point. "I
just remember thinking to myself, I just brought terror to
someone else under the American flag, and that's just not
what I joined the Army to do," he said.
Intelligence
Fifteen soldiers we spoke with told us the information that
spurred these raids was typically gathered through human
intelligence - and that it was usually incorrect. Eight said
it was common for Iraqis to use American troops to settle
family disputes, tribal rivalries or personal vendettas.
Sgt. Jesus Bocanegra, 25, of Weslaco, Texas, was a scout in
Tikrit with the Fourth Infantry Division during a yearlong
tour that ended in March 2004. In late 2003, Sergeant
Bocanegra raided a middle-aged man's home in Tikrit because
his son had told the Army his father was an insurgent. After
thoroughly searching the man's house, soldiers found nothing
and later discovered that the son simply wanted money his
father had buried at the farm.
After persistently acting on such false leads, Sergeant
Bocanegra, who raided Iraqi homes in more than fifty
operations, said soldiers began to anticipate the innocence
of those they raided. "People would make jokes about it,
even before we'd go into a raid, like, Oh fucking we're
gonna get the wrong house," he said. "'Cause it would always
happen. We always got the wrong house." Specialist Chrystal
said that he and his platoon leader shared a joke of their
own: Every time he raided a house, he would radio in and
say, "This is, you know, Thirty-One Lima. Yeah, I found the
weapons of mass destruction in here."
Sergeant Bruhns said he questioned the authenticity of the
intelligence he received because Iraqi informants were paid
by the US military for tips. On one occasion, an Iraqi
tipped off Sergeant Bruhns's unit that a small Syrian
resistance organization, responsible for killing a number of
US troops, was holed up in a house. "They're waiting for us
to show up and there will be a lot of shooting," Sergeant
Bruhns recalled being told.
As the Alpha Company team leader, Sergeant Bruhns was
supposed to be the first person in the door. Skeptical, he
refused. "So I said, 'If you're so confident that there are
a bunch of Syrian terrorists, insurgents ... in there, why
in the world are you going to send me and three guys in the
front door, because chances are I'm not going to be able to
squeeze the trigger before I get shot.'" Sergeant Bruhns
facetiously suggested they pull an M-2 Bradley Fighting
Vehicle up to the house and shoot a missile through the
front window to exterminate the enemy fighters his
commanders claimed were inside. They instead diminished the
aggressiveness of the raid. As Sergeant Bruhns ran security
out front, his fellow soldiers smashed the windows and
kicked down the doors to find "a few little kids, a woman
and an old man."
In late summer 2005, in a village on the outskirts of
Kirkuk, Specialist Chrystal searched a compound with two
Iraqi police officers. A friendly man in his mid-30s
escorted Specialist Chrystal and others in his unit around
the property, where the man lived with his parents, wife and
children, making jokes to lighten the mood. As they finished
searching - they found nothing - a lieutenant from his
company approached Specialist Chrystal: "What the hell were
you doing?" he asked. "Well, we just searched the house and
it's clear," Specialist Chrystal said. The lieutenant told
Specialist Chrystal that his friendly guide was "one of the
targets" of the raid. "Apparently he'd been dimed out by
somebody as being an insurgent," Specialist Chrystal said.
"For that mission, they'd only handed out the target sheets
to officers, and officers aren't there with the rest of the
troops." Specialist Chrystal said he felt "humiliated"
because his assessment that the man posed no threat was
deemed irrelevant and the man was arrested. Shortly
afterward, he posted himself in a fighting vehicle for the
rest of the mission.
Sgt. Larry Cannon, 27, of Salt Lake City, a Bradley gunner
with the Eighteenth Infantry Brigade, First Infantry
Division, served a yearlong tour in several cities in Iraq,
including Tikrit, Samarra and Mosul, beginning in February
2004. He estimates that he searched more than a hundred
homes in Tikrit and found the raids fruitless and maddening.
"We would go on one raid of a house and that guy would say,
'No, it's not me, but I know where that guy is.' And ...
he'd take us to the next house where this target was
supposedly at, and then that guy's like, 'No, it's not me. I
know where he is, though.' And we'd drive around all night
and go from raid to raid to raid."
"I can't really fault military intelligence," said
Specialist Reppenhagen, who said he raided thirty homes in
and around Baquba. "It was always a guessing game. We're in
a country where we don't speak the language. We're light on
interpreters. It's just impossible to really get anything.
All you're going off is a pattern of what's happened before
and hoping that the pattern doesn't change."
Sgt. Geoffrey Millard, 26, of Buffalo, New York, served in
Tikrit with the Rear Operations Center, Forty-Second
Infantry Division, for one year beginning in October 2004.
He said combat troops had neither the training nor the
resources to investigate tips before acting on them. "We're
not police," he said. "We don't go around like detectives
and ask questions. We kick down doors, we go in, we grab
people."
First Lieut. Brady Van Engelen, 26, of Washington, DC, said
the Army depended on less than reliable sources because
options were limited. He served as a survey platoon leader
with the First Armored Division in Baghdad's volatile
Adhamiya district for eight months beginning in September
2003. "That's really about the only thing we had," he said.
"A lot of it was just going off a whim, a hope that it
worked out," he said. "Maybe one in ten worked out."
Sergeant Bruhns said he uncovered illegal material about 10
percent of the time, an estimate echoed by other veterans.
"We did find small materials for IEDs, like maybe a small
piece of the wire, the detonating cord," said Sergeant
Cannon. "We never found real bombs in the houses." In the
thousand or so raids he conducted during his time in Iraq,
Sergeant Westphal said, he came into contact with only four
"hard-core insurgents."
Arrests
Even with such slim pretexts for arrest, some soldiers said,
any Iraqis arrested during a raid were treated with extreme
suspicion. Several reported seeing military-age men detained
without evidence or abused during questioning. Eight
veterans said the men would typically be bound with plastic
handcuffs, their heads covered with sandbags. While the Army
officially banned the practice of hooding prisoners after
the Abu Ghraib scandal broke, five soldiers indicated that
it continued.
"You weren't allowed to, but it was still done," said
Sergeant Cannon. "I remember in Mosul [in January 2005], we
had guys in a raid and they threw them in the back of a
Bradley," shackled and hooded. "These guys were really
throwing up," he continued. "They were so sick and nervous.
And sometimes, they were peeing on themselves. Can you
imagine if people could just come into your house and take
you in front of your family screaming? And if you actually
were innocent but had no way to prove that? It would be a
scary, scary thing." Specialist Reppenhagen said he had only
a vague idea about what constituted contraband during a
raid. "Sometimes we didn't even have a translator, so we
find some poster with Muqtada al-Sadr, Sistani or something,
we don't know what it says on it. We just apprehend them,
document that thing as evidence and send it on down the road
and let other people deal with it."
Sergeant Bruhns, Sergeant Bocanegra and others said physical
abuse of Iraqis during raids was common. "It was just
soldiers being soldiers," Sergeant Bocanegra said. "You give
them a lot of, too much, power that they never had before,
and before you know it they're the ones kicking these guys
while they're handcuffed. And then by you not catching
[insurgents], when you do have someone say, 'Oh, this is a
guy planting a roadside bomb' - and you don't even know if
it's him or not - you just go in there and kick the shit out
of him and take him in the back of a five-ton - take him to
jail."
Tens of thousands of Iraqis - military officials estimate
more than 60,000 - have been arrested and detained since the
beginning of the occupation, leaving their families to
navigate a complex, chaotic prison system in order to find
them. Veterans we interviewed said the majority of detainees
they encountered were either innocent or guilty of only
minor infractions.
Sergeant Bocanegra said during the first two months of the
war he was instructed to detain Iraqis based on their attire
alone. "They were wearing Arab clothing and military-style
boots, they were considered enemy combatants and you would
cuff 'em and take 'em in," he said. "When you put something
like that so broad, you're bound to have, out of a hundred,
you're going to have ten at least that were, you know what I
mean, innocent."
Sometime during the summer of 2003, Bocanegra said, the
rules of engagement narrowed - somewhat. "I remember on some
raids, anybody of military age would be taken," he said.
"Say, for example, we went to some house looking for a
25-year-old male. We would look at an age group. Anybody
from 15 to 30 might be a suspect." (Since returning from
Iraq, Bocanegra has sought counseling for post-traumatic
stress disorder and said his "mission" is to encourage
others to do the same.)
Spc. Richard Murphy, 28, an Army Reservist from Pocono,
Pennsylvania, who served part of his fifteen-month tour with
the 800th Military Police Brigade in Abu Ghraib prison, said
he was often struck by the lack of due process afforded the
prisoners he guarded.
Specialist Murphy initially went to Iraq in May 2003 to
train Iraqi police in the southern city of Al Hillah but was
transferred to Abu Ghraib in October 2003 when his unit
replaced one that was rotating home. (He spoke with The
Nation in October 2006, while not on active duty.) Shortly
after his arrival there, he realized that the number of
prisoners was growing "exponentially" while the amount of
personnel remained stagnant. By the end of his six-month
stint, Specialist Murphy was in charge of 320 prisoners, the
majority of whom he was convinced were unjustly detained.
"I knew that a large percentage of these prisoners were
innocent," he said. "Just living with these people for
months you get to see their character.... In just listening
to the prisoners' stories, I mean, I get the sense that a
lot of them were just getting rounded up in big groups."
Specialist Murphy said one prisoner, a mentally impaired,
blind albino who could "maybe see a few feet in front of his
face" clearly did not belong in Abu Ghraib. "I thought to
myself, What could he have possibly done?"
Specialist Murphy counted the prisoners twice a day, and the
inmates would often ask him when they would be released or
implore him to advocate on their behalf, which he would try
to do through the JAG (Judge Advocate General) Corps office.
The JAG officer Specialist Murphy dealt with would respond
that it was out of his hands. "He would make his
recommendations and he'd have to send it up to the next
higher command," Specialist Murphy said. "It was just a
snail's crawling process.... The system wasn't working."
Prisoners at the notorious facility rioted on November 24,
2003, to protest their living conditions, and Army Reserve
Spc. Aidan Delgado, 25, of Sarasota, Florida, was there. He
had deployed with the 320th Military Police Company to Talil
Air Base, to serve in Nasiriya and Abu Ghraib for one year
beginning in April 2003. Unlike the other troops in his
unit, he did not respond to the riot. Four months earlier he
had decided to stop carrying a loaded weapon.
Nine prisoners were killed and three wounded after soldiers
opened fire during the riot, and Specialist Delgado's fellow
soldiers returned with photographs of the events. The
images, disturbingly similar to the incident described by
Sergeant Mejía, shocked him. "It was very graphic," he said.
"A head split open. One of them was of two soldiers in the
back of the truck. They open the body bags of these
prisoners that were shot in the head and [one soldier has]
got an MRE spoon. He's reaching in to scoop out some of his
brain, looking at the camera and he's smiling. And I said,
'These are some of our soldiers desecrating somebody's body.
Something is seriously amiss.' I became convinced that this
was excessive force, and this was brutality."
Spc. Patrick Resta, 29, a National Guardsman from
Philadelphia, served in Jalula, where there was a small
prison camp at his base. He was with the 252nd Armor, First
Infantry Division, for nine months beginning in March 2004.
He recalled his supervisor telling his platoon point-blank,
"The Geneva Conventions don't exist at all in Iraq, and
that's in writing if you want to see it."
The pivotal experience for Specialist Delgado came when, in
the winter of 2003, he was assigned to battalion
headquarters inside Abu Ghraib prison, where he worked with
Maj. David DiNenna and Lieut. Col. Jerry Phillabaum, both
implicated in the Taguba Report, the official Army
investigation into the prison scandal. There, Delgado read
reports on prisoners and updated a dry erase board with
information on where in the large prison compound detainees
were moved and held.
"That was when I totally walked away from the Army,"
Specialist Delgado said. "I read these rap sheets on all the
prisoners in Abu Ghraib and what they were there for. I
expected them to be terrorists, murderers, insurgents. I
look down this roster and see petty theft, public
drunkenness, forged coalition documents. These people are
here for petty civilian crimes."
"These aren't terrorists," he recalled thinking. "These
aren't our enemies. They're just ordinary people, and we're
treating them this harshly." Specialist Delgado ultimately
applied for conscientious objector status, which the Army
approved in April 2004.
The Enemy
American troops in Iraq lacked the training and support to
communicate with or even understand Iraqi civilians,
according to nineteen interviewees. Few spoke or read
Arabic. They were offered little or no cultural or
historical education about the country they controlled.
Translators were either in short supply or unqualified. Any
stereotypes about Islam and Arabs that soldiers and marines
arrived with tended to solidify rapidly in the close
confines of the military and the risky streets of Iraqi
cities into a crude racism.
As Spc. Josh Middleton, 23, of New York City, who served in
Baghdad and Mosul with the Eighty-Second Airborne Division,
Second Battalion, from December 2004 to March 2005, pointed
out, 20-year-old soldiers went from the humiliation of
training - "getting yelled at every day if you have a dirty
weapon" - to the streets of Iraq, where "it's like life and
death. And 40-year-old Iraqi men look at us with fear and we
can - do you know what I mean? - we have this power that you
can't have. That's really liberating. Life is just knocked
down to this primal level."
In Iraq, Specialist Middleton said, "a lot of guys really
supported that whole concept that, you know, if they don't
speak English and they have darker skin, they're not as
human as us, so we can do what we want."
In the scramble to get ready for Iraq, troops rarely learned
more than how to say a handful of words in Arabic, depending
mostly on a single manual, A Country Handbook, a Field-Ready
Reference Publication, published by the Defense Department
in September 2002. The book, as described by eight soldiers
who received it, has pictures of Iraqi military vehicles,
diagrams of how the Iraqi army is structured, images of
Iraqi traffic signals and signs, and about four pages of
basic Arabic phrases such as Do you speak English? I am an
American. I am lost.
Iraqi culture, identity and customs were, according to at
least a dozen soldiers and marines interviewed by The
Nation, openly ridiculed in racist terms, with troops
deriding "haji food," "haji music" and "haji homes." In the
Muslim world, the word "haji" denotes someone who has made
the pilgrimage to Mecca. But it is now used by American
troops in the same way "gook" was used in Vietnam or "raghead"
in Afghanistan.
"You can honestly see how the Iraqis in general or even
Arabs in general are being, you know, kind of like
dehumanized," said Specialist Englehart. "Like it was very
common for United States soldiers to call them derogatory
terms, like camel jockeys or Jihad Johnny or, you know, sand
nigger."
According to Sergeant Millard and several others
interviewed, "It becomes this racialized hatred towards
Iraqis." And this racist language, as Specialist Harmon
pointed out, likely played a role in the level of violence
directed at Iraqi civilians. "By calling them names," he
said, "they're not people anymore. They're just objects."
Several interviewees emphasized that the military did set
up, for training purposes, mock Iraqi villages peopled with
actors who played the parts of civilians and insurgents. But
they said that the constant danger in Iraq, and the fear it
engendered, swiftly overtook such training.
"They were the law," Specialist Harmon said of the soldiers
in his unit in Al-Rashidiya, near Baghdad, which
participated in raids and convoys. "They were very mean,
very mean-spirited to them. A lot of cursing at them. And
I'm like, Dude, these people don't understand what you're
saying.... They used to say a lot, 'Oh, they'll understand
when the gun is in their face.'"
Those few veterans who said they did try to reach out to
Iraqis encountered fierce hostility from those in their
units.
"I had the night shift one night, at the aid station," said
Specialist Resta, recounting one such incident. "We were
told from the first second that we arrived there, and this
was in writing on the wall in our aid station, that we were
not to treat Iraqi civilians unless they were about to
die.... So these guys in the guard tower radio in, and they
say they've got an Iraqi out there that's asking for a
doctor.
"So it's really late at night, and I walk out there to the
gate and I don't even see the guy at first, and they point
out to him and he's standing there. Well, I mean he's
sitting, leaned up against this concrete barrier-like the
median of the highway - we had as you approached the gate.
And he's sitting there leaned up against it and, uh, he's
out there, if you want to go and check on him, he's out
there. So I'm sitting there waiting for an interpreter, and
the interpreter comes and I just walk out there in the open.
And this guy, he has the shit kicked out of him. He was
missing two teeth. He has a huge laceration on his head, he
looked like he had broken his eye orbit and had some kind of
injury to his knee."
The Iraqi, Specialist Resta said, pleaded with him in broken
English for help. He told Specialist Resta that there were
men near the base who were waiting to kill him.
"I open a bag and I'm trying to get bandages out and the
guys in the guard tower are yelling at me, 'Get that fucking
haji out of here,'" Specialist Resta said. "And I just look
back at them and ignored them, and then they were saying,
you know, 'He doesn't look like he's about to die to me,'
'Tell him to go cry back to the fuckin' IP [Iraqi police],'
and, you know, a whole bunch of stuff like that. So, you
know, I'm kind of ignoring them and trying to get the story
from this guy, and our doctor rolls up in an ambulance and
from thirty to forty meters away looks out and says, shakes
his head and says, 'You know, he looks fine, he's gonna be
all right,' and walks back to the passenger side of the
ambulance, you know, kind of like, Get your ass over here
and drive me back up to the clinic. So I'm standing there,
and the whole time both this doctor and the guards are
yelling at me, you know, to get rid of this guy, and at one
point they're yelling at me, when I'm saying, 'No, let's at
least keep this guy here overnight, until it's light out,'
because they wanted me to send him back out into the city,
where he told me that people were waiting for him to kill
him.
"When I asked if he'd be allowed to stay there, at least
until it was light out, the response was, 'Are you hearing
this shit? I think Doc is part fucking haji,'" Specialist
Resta said.
Specialist Resta gave in to the pressure and denied the man
aid. The interpreter, he recalled, was furious, telling
Specialist Resta that he had effectively condemned the man
to death.
"So I walk inside the gate and the interpreter helps him up
and the guy turns around to walk away and the guys in the
guard tower go, say, 'Tell him that if he comes back tonight
he's going to get fucking shot,'" Specialist Resta said.
"And the interpreter just stared at them and looked at me
and then looked back at them, and they nod their head, like,
Yeah, we mean it. So he yells it to the Iraqi and the guy
just flinches and turns back over his shoulder, and the
interpreter says it again and he starts walking away again,
you know, crying like a little kid. And that was that."
Convoys
Two dozen soldiers interviewed said that this callousness
toward Iraqi civilians was particularly evident in the
operation of supply convoys - operations in which they
participated. These convoys are the arteries that sustain
the occupation, ferrying items such as water, mail,
maintenance parts, sewage, food and fuel across Iraq. And
these strings of tractor-trailers, operated by KBR (formerly
Kellogg, Brown & Root) and other private contractors,
required daily protection from the US military. Typically,
according to these interviewees, supply convoys consisted of
twenty to thirty trucks stretching half a mile down the
road, with a Humvee military escort in front and back and at
least one more in the center of the convoy. Soldiers and
marines also sometimes accompanied the drivers in the cabs
of the tractor-trailers.
These convoys, ubiquitous in Iraq, were also, to many
Iraqis, sources of wanton destruction.
According to descriptions culled from interviews with
thirty-eight veterans who rode in convoys - guarding such
runs as Kuwait to Nasiriya, Nasiriya to Baghdad and Balad to
Kirkuk - when these columns of vehicles left their heavily
fortified compounds they usually roared down the main supply
routes, which often cut through densely populated areas,
reaching speeds over sixty miles an hour. Governed by the
rule that stagnation increases the likelihood of attack,
convoys leapt meridians in traffic jams, ignored traffic
signals, swerved without warning onto sidewalks, scattering
pedestrians, and slammed into civilian vehicles, shoving
them off the road. Iraqi civilians, including children, were
frequently run over and killed. Veterans said they sometimes
shot drivers of civilian cars that moved into convoy
formations or attempted to pass convoys as a warning to
other drivers to get out of the way.
"A moving target is harder to hit than a stationary one,"
said Sgt. Ben Flanders, 28, a National Guardsman from
Concord, New Hampshire, who served in Balad with the 172nd
Mountain Infantry for eleven months beginning in March 2004.
Flanders ran convoy routes out of Camp Anaconda, about
thirty miles north of Baghdad. "So speed was your friend.
And certainly in terms of IED detonation, absolutely, speed
and spacing were the two things that could really determine
whether or not you were going to get injured or killed or if
they just completely missed, which happened."
Following an explosion or ambush, soldiers in the heavily
armed escort vehicles often fired indiscriminately in a
furious effort to suppress further attacks, according to
three veterans. The rapid bursts from belt-fed .50-caliber
machine guns and SAWs (Squad Automatic Weapons, which can
fire as many as 1,000 rounds per minute) left many civilians
wounded or dead.
"One example I can give you, you know, we'd be cruising down
the road in a convoy and all of the sudden, an IED blows
up," said Spc. Ben Schrader, 27, of Grand Junction,
Colorado. He served in Baquba with the 263rd Armor Battalion
of the First Infantry Division from February 2004 to
February 2005. "And, you know, you've got these scared kids
on these guns, and they just start opening fire. And there
could be innocent people everywhere. And I've seen this, I
mean, on numerous occasions where innocent people died
because we're cruising down and a bomb goes off."
Several veterans said that IEDs, the preferred weapon of the
Iraqi insurgency, were one of their greatest fears. Since
the invasion in March 2003, IEDs have been responsible for
killing more US troops - 39.2 percent of the more than 3,500
killed - than any single other method, according to the
Brookings Institution, which monitors deaths in Iraq. This
past May, IED attacks claimed ninety lives, the highest
number of fatalities from roadside bombs since the beginning
of the war.
"The second you left the gate of your base, you were always
worried," said Sergeant Flatt. "You were constantly watchful
for IEDs. And you could never see them. I mean, it's just by
pure luck who's getting killed and who's not. If you've been
in firefights earlier that day or that week, you're even
more stressed and insecure to a point where you're almost
trigger-happy."
Twenty-four veterans said they had witnessed or heard
stories from those in their unit of unarmed civilians being
shot or run over by convoys. These incidents, they said,
were so numerous that many were never reported.
Sergeant Flatt recalled an incident in January 2005 when a
convoy drove past him on one of the main highways in Mosul.
"A car following got too close to their convoy," he said.
"Basically, they took shots at the car. Warning shots, I
don't know. But they shot the car. Well, one of the bullets
happened to just pierce the windshield and went straight
into the face of this woman in the car. And she was - well,
as far as I know - instantly killed. I didn't pull her out
of the car or anything. Her son was driving the car, and she
had her - she had three little girls in the back seat. And
they came up to us, because we were actually sitting in a
defensive position right next to the hospital, the main
hospital in Mosul, the civilian hospital. And they drove up
and she was obviously dead. And the girls were crying."
On July 30, 2004, Sergeant Flanders was riding in the tail
vehicle of a convoy on a pitch-black night, traveling from
Camp Anaconda south to Taji, just north of Baghdad, when his
unit was attacked with small-arms fire and RPGs
(rocket-propelled grenades). He was about to get on the
radio to warn the vehicle in front of him about the ambush
when he saw his gunner unlock the turret and swivel it
around in the direction of the shooting. He fired his MK-19,
a 40-millimeter automatic grenade launcher capable of
discharging up to 350 rounds per minute.
"He's just holding the trigger down and it wound up jamming,
so he didn't get off as many shots maybe as he wanted,"
Sergeant Flanders recalled. "But I said, 'How many did you
get off?' 'Cause I knew they would be asking that. He said,
'Twenty-three.' He launched twenty-three grenades....
"I remember looking out the window and I saw a little hut, a
little Iraqi house with a light on.... We were going so fast
and obviously your adrenaline's - you're like tunnel vision,
so you can't really see what's going on, you know? And it's
dark out and all that stuff. I couldn't really see where the
grenades were exploding, but it had to be exploding around
the house or maybe even hit the house. Who knows? Who knows?
And we were the last vehicle. We can't stop."
Convoys did not slow down or attempt to brake when civilians
inadvertently got in front of their vehicles, according to
the veterans who described them. Sgt. Kelly Dougherty, 29,
from Cañon City, Colorado, was based at the Talil Air Base
in Nasiriya with the Colorado National Guard's 220th
Military Police Company for a year beginning in February
2003. She recounted one incident she investigated in January
2004 on a six-lane highway south of Nasiriya that resembled
numerous incidents described by other veterans.
"It's like very barren desert, so most of the people that
live there, they're nomadic or they live in just little
villages and have, like, camels and goats and stuff," she
recalled. "There was then a little boy - I would say he was
about 10 because we didn't see the accident; we responded to
it with the investigative team - a little Iraqi boy and he
was crossing the highway with his - with three donkeys. A
military convoy, transportation convoy driving north, hit
him and the donkeys and killed all of them. When we got
there, there were the dead donkeys and there was a little
boy on the side of the road.
"We saw him there and, you know, we were upset because the
convoy didn't even stop," she said. "They really, judging by
the skid marks, they hardly even slowed down. But, I mean,
that's basically - basically, your order is that you never
stop."
Among supply convoys, there were enormous disparities based
on the nationality of the drivers, according to Sergeant
Flanders, who estimated that he ran more than 100 convoys in
Balad, Baghdad, Falluja and Baquba. When drivers were not
American, the trucks were often old, slow and prone to
breakdowns, he said. The convoys operated by foreign
nationals, usually with Nepalese, Egyptian or Pakistani
drivers, did not receive the same level of security,
although the danger was more severe because of the poor
quality of their vehicles. American drivers were usually
placed in convoys about half the length of those run by
foreign nationals and were given superior vehicles, body
armor and better security. Sergeant Flanders said troops
disliked being assigned to convoys run by foreign nationals,
especially since, when the aging vehicles broke down, they
had to remain and protect them until they could be
recovered.
"It just seemed insane to run civilians around the country,"
he added. "I mean, Iraq is such a security concern and it's
so dangerous and yet we have KBR just riding around,
unarmed.... Remember those terrible judgments that we made
about what Iraq would look like postconflict? I think this
is another incarnation of that misjudgment, which would be
that, Oh, it'll be fine. We'll put a Humvee in front, we'll
put a Humvee in back, we'll put a Humvee in the middle, and
we'll just run with it.
"It was just shocking to me.... I was Army trained and I had
a good gunner and I had radios and I could call on the
radios and I could get an airstrike if I wanted to. I could
get a Medevac, you know, I had so many things at my
disposal. I had so much armor. And here these guys are just
tooling around. And these guys are, like, they're promised
the world. They're promised $120,000, tax free, and what
kind of people take those jobs? Down-on-their-luck-type
people, you know? Grandmothers. There were grandmothers
there. I escorted a grandmother there and she did great. We
went through an ambush and one of her guys got shot, and she
was cool, calm and collected. Wonderful, great, good for
her. What the hell is she doing there?
"We're using these vulnerable, vulnerable convoys, which
probably piss off more Iraqis than it actually helps in our
relationship with them," Flanders said, "just so that we can
have comfort and air-conditioning and sodas - great - and
PlayStations and camping chairs and greeting cards and
stupid T-shirts that say, Who's Your Baghdaddy?"
Patrols
Soldiers and marines who participated in neighborhood
patrols said they often used the same tactics as convoys -
speed, aggressive firing - to reduce the risk of being
ambushed or falling victim to IEDs. Sgt. Patrick Campbell,
29, of Camarillo, California, who frequently took part in
patrols, said his unit fired often and without much warning
on Iraqi civilians in a desperate bid to ward off attacks.
"Every time we got on the highway," he said, "we were firing
warning shots, causing accidents all the time. Cars
screeching to a stop, going into the other intersection....
The problem is, if you slow down at an intersection more
than once, that's where the next bomb is going to be because
you know they watch. You know? And so if you slow down at
the same choke point every time, guaranteed there's going to
be a bomb there next couple of days. So getting onto a
freeway or highway is a choke point 'cause you have to wait
for traffic to stop. So you want to go as fast as you can,
and that involves added risk to all the cars around you, all
the civilian cars.
"The first Iraqi I saw killed was an Iraqi who got too close
to our patrol," he said. "We were coming up an on-ramp. And
he was coming down the highway. And they fired warning shots
and he just didn't stop. He just merged right into the
convoy and they opened up on him."
This took place sometime in the spring of 2005 in Khadamiya,
in the northwest corner of Baghdad, Sergeant Campbell said.
His unit fired into the man's car with a 240 Bravo, a heavy
machine gun. "I heard three gunshots," he said. "We get
about halfway down the road and ... the guy in the car got
out and he's covered in blood. And this is where ... the
impulse is just to keep going. There's no way that this guy
knows who we are. We're just like every other patrol that
goes up and down this road. I looked at my lieutenant and it
wasn't even a discussion. We turned around and we went back.
"So I'm treating the guy. He has three gunshot wounds to the
chest. Blood everywhere. And he keeps going in and out of
consciousness. And when he finally stops breathing, I have
to give him CPR. I take my right hand, I lift up his chin
and I take my left hand and grab the back of his head to
position his head, and as I take my left hand, my hand
actually goes into his cranium. So I'm actually holding this
man's brain in my hand. And what I realized was I had made a
mistake. I had checked for exit wounds. But what I didn't
know was the Humvee behind me, after the car failed to stop
after the first three rounds, had fired twenty, thirty
rounds into the car. I never heard it.
"I heard three rounds, I saw three holes, no exit wounds,"
he said. "I thought I knew what the situation was. So I
didn't even treat this guy's injury to the head. Every medic
I ever told is always like, Of course, I mean, the guy got
shot in the head. There's nothing you could have done. And
I'm pretty sure - I mean, you can't stop bleeding in the
head like that. But this guy, I'm watching this guy, who I
know we shot because he got too close. His car was clean.
There was no - didn't hear it, didn't see us, whatever it
was. Dies, you know, dying in my arms."
While many veterans said the killing of civilians deeply
disturbed them, they also said there was no other way to
safely operate a patrol.
"So you don't want to shoot kids, I mean, no one does," said
Sergeant Campbell, as he began to describe an incident in
the summer of 2005 recounted to him by several men in his
unit. "But you have this: I remember my unit was coming
along this elevated overpass. And this kid is in the trash
pile below, pulls out an AK-47 and just decides he's going
to start shooting. And you gotta understand...when you have
spent nine months in a war zone, where no one - every time
you've been shot at, you've never seen the person shooting
at you, and you could never shoot back. Here's some guy,
some 14-year-old kid with an AK-47, decides he's going to
start shooting at this convoy. It was the most obscene thing
you've ever seen. Every person got out and opened fire on
this kid. Using the biggest weapons we could find, we ripped
him to shreds." Sergeant Campbell was not present at the
incident, which took place in Khadamiya, but he saw
photographs and heard descriptions from several eyewitnesses
in his unit.
"Everyone was so happy, like this release that they finally
killed an insurgent," he said. "Then when they got there,
they realized it was just a little kid. And I know that
really fucked up a lot of people in the head because you
know you're killing insurgents, right, as opposed to you're
killing little kids.... They'd show all the pictures and
some people were really happy, like, Oh, look what we did.
And other people were like, I don't want to see that ever
again."
The killing of unarmed Iraqis was so common many of the
troops said it became an accepted part of the daily
landscape, an event that elicited little reaction. Sergeant
Dougherty recounted an incident north of Nasiriya in
December 2003, when her squad leader shot an Iraqi civilian
through the back. The shooting was described to her by a
woman in her unit who treated the injury. "It was just,
like, the mentality of my squad leader was like, Oh, we have
to kill them over here so I don't have to kill them back in
Colorado," she said. "He just, like, seemed to view every
Iraqi as like a potential terrorist."
Several interviewees said that, on occasion, these killings
were justified by framing innocents as terrorists, typically
following incidents when American troops fired on crowds of
unarmed Iraqis. The troops would detain those who survived,
accusing them of being insurgents, and plant AK-47s next to
the bodies of those they had killed to make it seem as if
the civilian dead were combatants. "It would always be an AK
because they have so many of these weapons lying around,"
said Specialist Aoun. Cavalry scout Joe Hatcher, 26, of San
Diego, said 9-millimeter handguns and even shovels - to make
it look like the noncombatant was digging a hole to plant an
IED - were used as well.
"Every good cop carries a throwaway," said Hatcher, who
served with the Fourth Cavalry Regiment, First Squadron, in
Ad Dawar, halfway between Tikrit and Samarra, from February
2004 to March 2005. "If you kill someone and they're
unarmed, you just drop one on 'em." Those who survived such
shootings then found themselves imprisoned as accused
insurgents.
In the winter of 2004, Sergeant Campbell was driving near a
particularly dangerous road in Abu Gharth, a town between
Falluja and Baghdad, when he heard the sound of gunshots.
Sergeant Campbell, who served as a medic in Abu Gharth with
the 256th Infantry Brigade from November 2004 to October
2005, was told that Army snipers had fired fifty to sixty
rounds at two insurgents who'd gotten out of their car to
plant IEDs. One of the alleged insurgents was shot in the
knees three or four times, treated and evacuated on a
military helicopter, while the other man, who was treated
for glass shards, was arrested and detained.
"I come to find out later that, while I was treating him,
the snipers had planted - after they had searched and found
nothing - they had planted bomb-making materials on the guy
because they didn't want to be investigated for the shoot,"
Sergeant Campbell said. (He showed The Nation a photograph
of one sniper with a radio in his pocket that he later
planted as evidence.) "And to this day, I mean, I remember
taking that guy to Abu Ghraib prison - the guy who didn't
get shot - and just saying 'I'm sorry' because there was not
a damn thing I could do about it.... I mean, I guess I have
a moral obligation to say something, but I would have been
kicked out of the unit in a heartbeat. I would've been a
traitor."
Checkpoints
The US military checkpoints dotted across Iraq, according to
twenty-six soldiers and marines who were stationed at them
or supplied them - in locales as diverse as Tikrit, Baghdad,
Karbala, Samarra, Mosul and Kirkuk - were often deadly for
civilians. Unarmed Iraqis were mistaken for insurgents, and
the rules of engagement were blurred. Troops, fearing
suicide bombs and rocket-propelled grenades, often fired on
civilian cars. Nine of those soldiers said they had seen
civilians being shot at checkpoints. These incidents were so
common that the military could not investigate each one,
some veterans said.
"Most of the time, it's a family," said Sergeant Cannon, who
served at half a dozen checkpoints in Tikrit. "Every now and
then, there is a bomb, you know, that's the scary part."
There were some permanent checkpoints stationed across the
country, but for unsuspecting civilians, "flash checkpoints"
were far more dangerous, according to eight veterans who
were involved in setting them up. These impromptu security
perimeters, thrown up at a moment's notice and quickly
dismantled, were generally designed to catch insurgents in
the act of trafficking weapons or explosives, people
violating military-imposed curfews or suspects in bombings
or drive-by shootings.
Iraqis had no way of knowing where these so-called "tactical
control points" would crop up, interviewees said, so many
would turn a corner at a high speed and became the unwitting
targets of jumpy soldiers and marines.
"For me, it was really random," said Lieutenant Van Engelen.
"I just picked a spot on a map that I thought was a
high-volume area that might catch some people. We just set
something up for half an hour to an hour and then we'd move
on." There were no briefings before setting up checkpoints,
he said.
Temporary checkpoints were safer for troops, according to
the veterans, because they were less likely to serve as
static targets for insurgents. "You do it real quick because
you don't always want to announce your presence," said First
Sgt. Perry Jefferies, 46, of Waco, Texas, who served with
the Fourth Infantry Division from April to October 2003.
The temporary checkpoints themselves varied greatly.
Lieutenant Van Engelen set up checkpoints using orange cones
and fifty yards of concertina wire. He would assign a
soldier to control the flow of traffic and direct drivers
through the wire, while others searched vehicles, questioned
drivers and asked for identification. He said signs in
English and Arabic warned Iraqis to stop; at night, troops
used lasers, glow sticks or tracer bullets to signal cars
through. When those weren't available, troops improvised by
using flashlights sent them by family and friends back home.
"Baghdad is not well lit," said Sergeant Flanders. "There's
not street lights everywhere. You can't really tell what's
going on."
Other troops, however, said they constructed tactical
control points that were hardly visible to drivers. "We
didn't have cones, we didn't have nothing," recalled
Sergeant Bocanegra, who said he served at more than ten
checkpoints in Tikrit. "You literally put rocks on the side
of the road and tell them to stop. And of course some cars
are not going to see the rocks. I wouldn't even see the
rocks myself."
According to Sergeant Flanders, the primary concern when
assembling checkpoints was protecting the troops serving
there. Humvees were positioned so that they could quickly
drive away if necessary, and the heavy weapons mounted on
them were placed "in the best possible position" to fire on
vehicles that attempted to pass through the checkpoint
without stopping. And the rules of engagement were often
improvised, soldiers said.
"We were given a long list of that kind of stuff and, to be
honest, a lot of the time we would look at it and throw it
away," said Staff Sgt. James Zuelow, 39, a National
Guardsman from Juneau, Alaska, who served in Baghdad in the
Third Battalion, 297th Infantry Regiment, for a year
beginning in January 2005. "A lot of it was written at such
a high level it didn't apply."
At checkpoints, troops had to make split-second decisions on
when to use lethal force, and veterans said fear often
clouded their judgment.
Sgt. Matt Mardan, 31, of Minneapolis, served as a Marine
scout sniper outside Falluja in 2004 and 2005 with the Third
Battalion, First Marines. "People think that's dangerous,
and it is," he said. "But I would do that any day of the
week rather than be a marine sitting on a fucking checkpoint
looking at cars."
No car that passes through a checkpoint is beyond suspicion,
said Sergeant Dougherty. "You start looking at everyone as a
criminal.... Is this the car that's going to try to run into
me? Is this the car that has explosives in it? Or is this
just someone who's confused?" The perpetual uncertainty, she
said, is mentally exhausting and physically debilitating.
"In the moment, what's passing through your head is, Is this
person a threat? Do I shoot to stop or do I shoot to kill?"
said Lieutenant Morgenstein, who served in Al Anbar.
Sergeant Mejía recalled an incident in Ramadi in July 2003
when he watched an unarmed man drive with his young son too
close to a checkpoint. The father was decapitated in front
of the small, terrified boy by a member of Sergeant Mejía's
unit firing a heavy .50-caliber machine gun. By then,
Sergeant Mejía noted, "this sort of killing of civilians had
long ceased to arouse much interest or even comment." The
next month, Sergeant Mejía returned stateside for a two-week
rest and refused to go back, launching a public protest over
the treatment of Iraqis. (Sergeant Mejía was charged with
desertion, sentenced to one year in prison and given a
bad-conduct discharge. He has since written a memoir about
his time in Iraq.)
During the summer of 2005, Sergeant Millard, who served as
an assistant to a general in Tikrit, attended a briefing on
a checkpoint shooting, at which his role was to flip
PowerPoint slides.
"This unit sets up this traffic control point, and this
18-year-old kid is on top of an armored Humvee with a
.50-caliber machine gun," he said. "This car speeds at him
pretty quick and he makes a split-second decision that
that's a suicide bomber, and he presses the butterfly
trigger and puts 200 rounds in less than a minute into this
vehicle. It killed the mother, a father and two kids. The
boy was aged 4 and the daughter was aged 3. And they briefed
this to the general. And they briefed it gruesome. I mean,
they had pictures. They briefed it to him. And this colonel
turns around to this full division staff and says, 'If these
fucking hajis learned to drive, this shit wouldn't happen.'"
Whether or not commanding officers shared this attitude,
interviewees said, soldiers and marines were rarely held
accountable for shooting civilians at checkpoints. Eight
veterans described the prevailing attitude among them as
"Better to be tried by twelve men than carried by six."
Since the number of troops tried for killing civilians is so
scant, interviewees said, they would risk court-martial over
the possibility of injury or death.
Rules of Engagement
Indeed, several troops said the rules of engagement were
fluid and designed to insure their safety above all else.
Some said they were simply told they were authorized to
shoot if they felt threatened, and what constituted a risk
to their safety was open to wide interpretation. "Basically
it always came down to self-defense and better them than
you," said Sgt. Bobby Yen, 28, of Atherton, California, who
covered a variety of Army activities in Baghdad and Mosul as
part of the 222nd Broadcast Operations Detachment for one
year beginning in November 2003.
"Cover your own butt was the first rule of engagement,"
Lieutenant Van Engelen confirmed. "Someone could look at me
the wrong way and I could claim my safety was in threat."
Lack of a uniform policy from service to service, base to
base and year to year forced troops to rely on their own
judgment, Sergeant Jefferies explained. "We didn't get
straight-up rules," he said. "You got things like, 'Don't be
aggressive' or 'Try not to shoot people if you don't have
to.' Well, what does that mean?"
Prior to deployment, Sergeant Flanders said, troops were
trained on the five S's of escalation of force: Shout a
warning, Shove (physically restrain), Show a weapon, Shoot
non-lethal ammunition in a vehicle's engine block or tires,
and Shoot to kill. Some troops said they carried the rules
in their pockets or helmets on a small laminated card. "The
escalation-of-force methodology was meant to be a guide to
determine course of actions you should attempt before you
shoot," he said. "'Shove' might be a step that gets skipped
in a given situation. In vehicles, at night, how does
'Shout' work? Each soldier is not only drilled on the five
S's but their inherent right for self-defense."
Some interviewees said their commanders discouraged this
system of escalation. "There's no such thing as warning
shots," Specialist Resta said he was told during his
predeployment training at Fort Bragg. "I even specifically
remember being told that it was better to kill them than to
have somebody wounded and still alive."
Lieutenant Morgenstein said that when he first arrived in
Iraq in August 2004, the rules of engagement barred the use
of warning shots. "We were trained that if someone is not
armed, and they are not a threat, you never fire a warning
shot because there is no need to shoot at all," he said.
"You signal to them with some other means than bullets. If
they are armed and they are a threat, you never fire a
warning shot because...that just gives them a chance to kill
you. I don't recall at this point if this was an ROE [rule
of engagement] explicitly or simply part of our consistent
training." But later on, he said, "we were told the ROE was
changed" and that warning shots were now explicitly allowed
in certain circumstances.
Sergeant Westphal said that by the time he arrived in Iraq
earlier in 2004, the rules of engagement for checkpoints
were more refined - at least where he served with the Army
in Tikrit. "If they didn't stop, you were to fire a warning
shot," said Sergeant Westphal. "If they still continued to
come, you were instructed to escalate and point your weapon
at their car. And if they still didn't stop, then, if you
felt you were in danger and they were about to run your
checkpoint or blow you up, you could engage."
In his initial training, Lieutenant Morgenstein said,
marines were cautioned against the use of warning shots
because "others around you could be hurt by the stray
bullet," and in fact such incidents were not unusual. One
evening in Baghdad, Sergeant Zuelow recalled, a van roared
up to a checkpoint where another platoon in his company was
stationed and a soldier fired a warning shot that bounced
off the ground and killed the van's passenger. "That was a
big wake-up call," he said, "and after that we discouraged
warning shots of any kind."
Many checkpoint incidents went unreported, a number of
veterans indicated, and the civilians killed were not
included in the overall casualty count. Yet judging by the
number of checkpoint shootings described to The Nation by
veterans we interviewed, such shootings appear to be quite
common.
Sergeant Flatt recounted one incident in Mosul in January
2005 when an elderly couple zipped past a checkpoint. "The
car was approaching what was in my opinion a very poorly
marked checkpoint, or not even a checkpoint at all, and
probably didn't even see the soldiers," he said. "The guys
got spooked and decided it was a possible threat, so they
shot up the car. And they literally sat in the car for the
next three days while we drove by them day after day."
In another incident, a man was driving his wife and three
children in a pickup truck on a major highway north of the
Euphrates, near Ramadi, on a rainy day in February or March
2005. When the man failed to stop at a checkpoint, a marine
in a light-armored vehicle fired on the car, killing the
wife and critically wounding the son. According to
Lieutenant Morgenstein, a civil affairs officer, a JAG
official gave the family condolences and about $3,000 in
compensation. "I mean, it's a terrible thing because there's
no way to pay money to replace a family member," said
Lieutenant Morgenstein, who was sometimes charged with
apologizing to families for accidental deaths and offering
them such compensation, called "condolence payments" or
"solatia." "But it's an attempt to compensate for some of
the costs of the funeral and all the expenses. It's an
attempt to make a good-faith offering in a sign of regret
and to say, you know, We didn't want this to happen. This is
by accident." According to a May report from the Government
Accountability Office, the Defense Department issued nearly
$31 million in solatia and condolence payments between 2003
and 2006 to civilians in Iraq and Afghanistan who were
"killed, injured or incur[red] property damage as a result
of U.S. or coalition forces' actions during combat." The
study characterizes the payments as "expressions of sympathy
or remorse...but not an admission of legal liability or
fault." In Iraq, according to the report, civilians are paid
up to $2,500 for death, up to $1,500 for serious injuries
and $200 or more for minor injuries.
On one occasion, in Ramadi in late 2004, a man happened to
drive down a road with his family minutes after a suicide
bomber had hit a barrier during a cordon-and-search
operation, Lieutenant Morgenstein said. The car's brakes
failed and marines fired. The wife and her two children
managed to escape from the car, but the man was fatally hit.
The family was mistakenly told that he had survived, so
Lieutenant Morgenstein had to set the record straight. "I've
never done this before," he said. "I had to go tell this
woman that her husband was actually dead. We gave her money,
we gave her, like, ten crates of water, we gave the kids, I
remember, maybe it was soccer balls and toys. We just didn't
really know what else to do."
One such incident, which took place in Falluja in March 2003
and was reported on at the time by the BBC, even involved a
group of plainclothes Iraqi policemen. Sergeant Mejía was
told about the event by several soldiers who witnessed it.
The police officers were riding in a white pickup truck,
chasing a BMW that had raced through a checkpoint. "The guy
that the cops were chasing got through and I guess the
soldiers got scared or nervous, so when the pickup truck
came they opened fire on it," Sergeant Mejía said. "The
Iraqi police tried to cease fire, but when the soldiers
would not stop they defended themselves and there was a
firefight between the soldiers and the cops. Not a single
soldier was killed, but eight cops were."
Accountability
A few veterans said checkpoint shootings resulted from basic
miscommunication, incorrectly interpreted signals or
cultural ignorance.
"As an American, you just put your hand up with your palm
towards somebody and your fingers pointing to the sky," said
Sergeant Jefferies, who was responsible for supplying fixed
checkpoints in Diyala twice a day. "That means stop to most
Americans, and that's a military hand signal that soldiers
are taught that means stop. Closed fist, please freeze, but
an open hand means stop. That's a sign you make at a
checkpoint. To an Iraqi person, that means, Hello, come
here. So you can see the problem that develops real quick.
So you get on a checkpoint, and the soldiers think they're
saying stop, stop, and the Iraqis think they're saying come
here, come here. And the soldiers start hollering, so they
try to come there faster. So soldiers holler more, and
pretty soon you're shooting pregnant women."
"You can't tell the difference between these people at all,"
said Sergeant Mardan. "They all look Arab. They all have
beards, facial hair. Honestly, it'll be like walking into
China and trying to tell who's in the Communist Party and
who's not. It's impossible."
But others veterans said that the frequent checkpoint
shootings resulted from a lack of accountability. Critical
decisions, they said, were often left to the individual
soldier's or marine's discretion, and the military regularly
endorsed these decisions without inquiry.
"Some units were so tight on their command and control that
every time they fired one bullet, they had to write an
investigative report," said Sergeant Campbell. But "we fired
thousands of rounds without ever filing reports," he said.
"And so it has to do with how much interaction and, you
know, the relationship of the commanders to their units."
Cpt. Megan O'Connor said that in her unit every shooting
incident was reported. O'Connor, 30, of Venice, California,
served in Tikrit with the Fiftieth Main Support Battalion in
the National Guard for a year beginning in December 2004,
after which she joined the 2-28 Brigade Combat Team in
Ramadi. But Captain O'Connor said that after viewing the
reports and consulting with JAG officers, the colonel in her
command would usually absolve the soldiers. "The bottom line
is he always said, you know, We weren't there," she said.
"We'll give them the benefit of the doubt, but make sure
that they know that this is not OK and we're watching them."
Probes into roadblock killings were mere formalities, a few
veterans said. "Even after a thorough investigation, there's
not much that could be done," said Specialist Reppenhagen.
"It's just the nature of the situation you're in. That's
what's wrong. It's not individual atrocity. It's the fact
that the entire war is an atrocity."
The March 2005 shooting death of Italian secret service
agent Nicola Calipari at a checkpoint in Baghdad, however,
caused the military to finally crack down on such accidents,
said Sergeant Campbell, who served there. Yet this did not
necessarily lead to greater accountability. "Needless to
say, our unit was under a lot of scrutiny not to shoot any
more people than we already had to because we were kind of a
run-and-gun place," said Sergeant Campbell. "One of the
things they did was they started saying, Every time you
shoot someone or shoot a car, you have to fill out a 15-[6]
or whatever the investigation is. Well, that investigation
is really onerous for the soldiers. It's like a 'You're
guilty' investigation almost - it feels as though. So
commanders just stopped reporting shootings. There was no
incentive for them to say, Yeah, we shot so-and-so's car."
(Sergeant Campbell said he believes the number of checkpoint
shootings did decrease after the high-profile incident, but
that was mostly because soldiers were now required to use
pinpoint lasers at night. "I think they reduced, from when
we started to when we left, the number of Iraqi civilians
dying at checkpoints from one a day to one a week," he said.
"Inherent in that number, like all statistics, is those are
reported shootings.")
Fearing a backlash against these shootings of civilians,
Lieutenant Morgenstein gave a class in late 2004 at his
battalion headquarters in Ramadi to all the battalion's
officers and most of its senior noncommissioned officers
during which he asked them to put themselves in the Iraqis'
place.
"I told them the obvious, which is, everyone we wound or
kill that isn't an insurgent, hurts us," he said. "Because I
guarantee you, down the road, that means a wounded or killed
marine or soldier.... One, it's the right thing to do to not
wound or shoot someone who isn't an insurgent. But two, out
of self-preservation and self-interest, we don't want that
to happen because they're going to come back with a
vengeance."
Responses
The Nation contacted the Pentagon with a detailed list of
questions and a request for comment on descriptions of
specific patterns of abuse. These questions included
requests to explain the rules of engagement, the operation
of convoys, patrols and checkpoints, the investigation of
civilian shootings, the detention of innocent Iraqis based
on false intelligence and the alleged practice of "throwaway
guns." The Pentagon referred us to the Multi-National Force
Iraq Combined Press Information Center in Baghdad, where a
spokesperson sent us a response by e-mail.
"As a matter of operational security, we don't discuss
specific tactics, techniques, or procedures (TTPs) used to
identify and engage hostile forces," the spokesperson wrote,
in part. "Our service members are trained to protect
themselves at all times. We are facing a thinking enemy who
learns and adjusts to our operations. Consequently, we adapt
our TTPs to ensure maximum combat effectiveness and safety
of our troops. Hostile forces hide among the civilian
populace and attack civilians and coalition forces.
Coalition forces take great care to protect and minimize
risks to civilians in this complex combat environment, and
we investigate cases where our actions may have resulted in
the injury of innocents.... We hold our Soldiers and Marines
to a high standard and we investigate reported improper use
of force in Iraq."
This response is consistent with the military's refusal to
comment on rules of engagement, arguing that revealing these
rules threatens operations and puts troops at risk. But on
February 9, Maj. Gen. William Caldwell, then coalition
spokesman, writing on the coalition force website, insisted
that the rules of engagement for troops in Iraq were clear.
"The law of armed conflict requires that, to use force,
'combatants' must distinguish individuals presenting a
threat from innocent civilians," he wrote. "This basic
principle is accepted by all disciplined militaries. In the
counterinsurgency we are now fighting, disciplined
application of force is even more critical because our
enemies camouflage themselves in the civilian population.
Our success in Iraq depends on our ability to treat the
civilian population with humanity and dignity, even as we
remain ready to immediately defend ourselves or Iraqi
civilians when a threat is detected."
When asked about veterans' testimony that civilian deaths at
the hands of coalition forces often went unreported and
typically went unpunished, the Press Information Center
spokesperson replied only, "Any allegations of misconduct
are treated seriously.... Soldiers have an obligation to
immediately report any misconduct to their chain of command
immediately."
Last September, Senator Patrick Leahy, then ranking member
of the Judiciary Committee, called a Pentagon report on its
procedures for recording civilian casualties in Iraq "an
embarrassment." "It totals just two pages," Leahy said, "and
it makes clear that the Pentagon does very little to
determine the cause of civilian casualties or to keep a
record of civilian victims."
In the four long years of the war, the mounting civilian
casualties have already taken a heavy toll - both on the
Iraqi people and on the US servicemembers who have
witnessed, or caused, their suffering. Iraqi physicians,
overseen by epidemiologists at Johns Hopkins University's
Bloomberg School of Public Health, published a study late
last year in the British medical journal The Lancet that
estimated that 601,000 civilians have died since the March
2003 invasion as the result of violence. The researchers
found that coalition forces were responsible for 31 percent
of these violent deaths, an estimate they said could be
"conservative," since "deaths were not classified as being
due to coalition forces if households had any uncertainty
about the responsible party."
"Just the carnage, all the blown-up civilians, blown-up
bodies that I saw," Specialist Englehart said. "I just - I
started thinking, like, Why? What was this for?"
"It just gets frustrating," Specialist Reppenhagen said.
"Instead of blaming your own command for putting you there
in that situation, you start blaming the Iraqi people.... So
it's a constant psychological battle to try to, you know,
keep - to stay humane."
"I felt like there was this enormous reduction in my
compassion for people," said Sergeant Flanders. "The only
thing that wound up mattering is myself and the guys that I
was with. And everybody else be damned."
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