Sending A Message

Lt. Ilario PantaroMonday night retired Marine, Second Lieutenant Ilario Pantano, appeared on CNN hawking his new book, "Warlord: No Better Friend, No Worse Enemy". You might recall that Lt. Pantano had been accused by the Marines of murdering two Iraqis on April 15, 2004. In 2005, the Marines dropped all murder charges against Lt. Pantano. At the time when the charges were dropped, the Marines said in a statement that the "best interests of 2nd Lt. Pantano and the government have been served by this process."

The reason Lt. Pantano had been charged with murder is because he had shot and killed two Iraqis that he had detained. After killing them, he hung a sign above their heads that read "NO BETTER FRIEND, NO WORSE ENEMY". He also emptied his clip, reloaded, and emptied his second clip into the bodies of the Iraqis. All told, he had expended 60 rounds into the Iraqis’ bodies:

The two Iraqis were killed during an April 2004 search outside a suspected terrorist hideout in Mahmudiyah, Iraq. Pantano contended he shot them in self-defense after the men disobeyed his instructions and made a menacing move toward him.

Prosecutors alleged Pantano intended to make an example of the men by shooting them 60 times and hanging a sign over their bodies — “No better friend, no worse enemy,” a Marine slogan. While citing self-defense as his motive, Pantano did not deny hanging the sign or shooting the men repeatedly.

An article in New York magazine shed further light on the incident:

At the scene, Pantano divided his platoon of 40 Marines. He sent a dozen to raid the house. The remainder dispersed, guarding his flanks. As Marines approached the target, a white sedan backed out and drove away. Pantano radioed that he’d take down the car. Pantano, 32, had with him a Navy medic, George Gobles, 21, whom everyone called Doc, and his new radio operator, Sergeant Daniel Coburn, 27.

Pantano yelled for the car to stop. When it didn’t, two warning shots were fired. The occupants, a man in his thirties or forties and another about 18, both wearing “man dresses,” as the Marines called them, finally stopped and raised their hands. They were unarmed.

Pantano received word from the Marines who’d taken the house. They’d found a modest cache of arms and also some significant items, including stakes used to aim mortars.

Pantano, who earlier had the Iraqis put in plastic handcuffs, now had Doc Gobles cut the cuffs off, which he did with his trauma shears. Then Gobles marched the two prisoners to their vehicle, placed one in the open door of the front seat, the other in the open door of the rear seat. Pantano motioned to the prisoners to search the car. He ordered Gobles to post security at the front of the car; Sergeant Coburn at the rear. Both men turned their backs on Pantano and the Iraqis.

A short time later, the shots started. Gobles and Coburn spun around. Pantano, ten feet from the Iraqis, emptied his M-16’s magazine, reloaded, emptied another. Later, Coburn recalled wondering “when the lieutenant was going to stop, because it was obvious that they were dead.” Photos, souvenirs taken by a Marine, would show one Iraqi nearly embracing the backseat of the car. The other lolled on his side, his head on the floorboard.

Coburn seemed distraught. He grabbed Gobles. “What the hell just happened?”

“Don’t worry,” Gobles said to settle him. “The blood is not on your hands.”

The facts of the incident were not in dispute. What was in dispute was whether Lt. Pantano intended to kill the Iraqis or whether he felt that he was about to be attacked and responded in self-defense. The charges were dismissed by Maj. Gen. Richard Huck, commander of the 2nd Marine Division, on the advice of the investigating officer, Lt. Col. Mark E. Winn:

The 16-page report from Lt. Col. Mark E. Winn labels as "extremely suspect" the prosecution’s chief witness, Sgt. Daniel L. Coburn, whom Lt. Pantano had removed as a squad leader weeks before the April 15, 2004, shooting.

"The government was not able to produce credible evidence or testimony that the killings were premeditated," Col. Winn wrote in his report, a copy of which was obtained yesterday by The Washington Times.

The Marines gave Lt. Pantano the benefit of the doubt because they could not determine his state of mind at the time of the shootings in the absence of a credible witness.

In the interview with New York magazine, Lt. Pantano however left no doubt as to why he used so much firepower:

There was another reason for all the firepower, which he says he decided while shooting. “I believed that by firing the number of rounds that I did, I was sending a message.” In case anyone missed the point, Pantano scrawled something on a piece of cardboard, which he wedged against the windshield. NO BETTER FRIEND, NO WORST ENEMY, it said. He meant the Marines. It was General Mattis’s motto.

His statements to the magazine appear to make clear what Lt. Pantano’s state of mind was at the time of the incident. I am not quite sure how "sending a message" is consistent with self-defense. Last night on CNN, Lt. Pantano struggled to explain the 60 rounds, the reloading of his weapon during the killings, and the hanging of the sign:

ROBERTS: Your situation, April of 2004 you were investigating a house. There were a couple of Iraqis who trying to escape in a car. You stopped the car, you had them in custody, they ended up dead. How?

PANTANO: Well, that’s right. And in fact, in a moment in time they attacked me, and they made a move to attack me, and I shot them dead.

ROBERTS: So you claimed self-defense, the Marine Corps eventually agreed with you. The question that I have about that incident, though, is you emptied two clips into these two Iraqis.

PANTANO: That’s right.

ROBERTS: One clip, reloaded, emptied the second clip.

PANTANO: That’s right.

ROBERTS: And then you put a sign on their car that said, America’s — your best friend or your worst enemy.

PANTANO: Right, no better friend, no worse enemy.

ROBERTS: No better friend, no worse enemy. Why did you go those extra steps? Were you trying to defend yourself or trying to make a point?

PANTANO: Well, I think that, you know, in the course of the investigation and ultimately in my exoneration, it was made very clear that I was defending myself.

You know, the decision to weigh in on the amount of force that was required, you know, these were things — listen, in everyday life we have opportunities and examples to look at use of force. We have rap stars that have been shot nine times and go on to make billion dollars selling albums.

So to try and suggest that there’s an appropriate amount of force, how much should be, and what that — you know, when to throttle that on and off. I think the truth is it comes back to the on scene commander.

In that case I was applying the amount of force I felt was required to do the job. In this case the job was end the threat.

ROBERTS: And why the sign?

PANTANO: Well, again, the sign was part of — part of my internal reaction to what was going on with the violence. Bear in mind, we had been taking casualties significantly.

And part of this was even messaging to my own men of, we are here to be no better friend. And they can all speak to, and in fact in the testimony, spoke to all of the efforts that we made in terms of purchasing candy or soccer balls or rebuilding schools.

But when the time comes, when the enemy attacks you, you will be no worse enemy.

So it’s almost the same kind of messaging on some level and it’s internal messaging, but it’s the same kind of messaging like looking at Zarqawi’s face on TV that your network broadcasts.  [Emphasis added me.]

So, Lt. Pantano has been exonerated by the Marines for "sending a message" to the Iraqis. What is that message? The message is that we will kill you at any hint of real or perceived provocation. And after we have killed you, we will taunt you. We will assume you are the enemy. The burden is on you to prove otherwise. And you better take care in proving your innocence because we may have to kill you if we feel threatened in the slightest way.

In an irony in last night’s interview, John Roberts lamented:

ROBERTS: Talk of alleged war crimes by U.S. soldiers in Iraq makes headlines. But when a Marine is cleared, well that seems to get less attention.

In 2004, after two Iraqis were killed outside a suspected terrorist hideout, Second Lieutenant Ilario Pantano said he shot them in self-defense. He said the men disobeyed his instructions and made a menacing move toward him.

Prosecutors allege Pantano intended to make an example of the men by shooting them 60 times, and then hanging a sign over their bodies. A year later the charges were dropped and the Marine decided to tell his story.

Today Pantano’s book hit the stands. It’s called "Warlord: No Better Friend, No Worse Enemy." I spoke with Pantano earlier. [Emphasis added by me.]

Roberts is right. I had read the story when Lt. Pantano had been accused by the Marines. I had missed the news of his exoneration by the Marines. I hope the Iraqis missed the news too. I think his exoneration is more damaging to the United States than the initial accusations against him. Now that Lt. Pantano has released a book and as he continues his book tour, I am quite certain the fact that he was exonerated will make more headlines.

What are the bounds of acceptable behavior by US soldiers in Iraq? If "sending a message" is acceptable, then how exactly are we winning hearts and minds in Iraq? It seems that with every new revelation of atrocities in Iraq, and every new revelation of exoneration or slaps on the wrist, the bounds of acceptability are being pushed out further. As what is acceptable in Iraq widens more and more atrocities will occur. Is this any way to win hearts and minds? Is this any way to run a counter-insurgency? The killings of Iraqis for the flimsiest of reasons will make for  "No Worse Friend, No Worse Enemy".

Posted in Foreign Policy, Iraq | 4 Comments

Free-Fire Zone

Haditha MorgueIn Vietnam, the United States Military carried out many missions in what the military calls "Free-Fire Zones" . These "zones" where areas where, according to the military’s "rules of engagement", an unidentified person was considered an enemy and the soldiers could shoot anyone they considered hostile. Activities in "free-fire zones" have led to massive civilian casualties and would have been violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War.

The sergeant who led the raid in Haditha has indicated through his lawyer that he and his squad did not violate the "rules of engagement" and did not intentionally kill innocent civilians. He conceded that "collateral damage" had occurred but it was not intentional:

Staff Sgt. Frank D. Wuterich, 26, told his attorney that several civilians were killed Nov. 19 when his squad went after insurgents who were firing at them from inside a house. The Marine said there was no vengeful massacre, but he described a house-to-house hunt that went tragically awry in the middle of a chaotic battlefield.

"It will forever be his position that everything they did that day was following their rules of engagement and to protect the lives of Marines," said Neal A. Puckett, who represents Wuterich in the ongoing investigations into the incident. "He’s really upset that people believe that he and his Marines are even capable of intentionally killing innocent civilians."

The Marines’ defense strategy for the Haditha massacre is beginning to emerge. According to the lawyer, the Marines received AK-47 fire from the direction of the houses where the civilians were later killed by the Marines. After receiving fire, the Marines attacked the houses:

A four-man team of Marines, including Wuterich, kicked in the door and found a series of empty rooms, noticing quickly that there was one room with a closed door and people rustling behind it, Puckett said. They then kicked in that door, tossed a fragmentation grenade into the room, and one Marine fired a series of "clearing rounds" through the dust and smoke, killing several people, Puckett said.

The Marine who fired the rounds — Puckett said it was not Wuterich — had experience clearing numerous houses on a deployment in Fallujah, where Marines had aggressive rules of engagement.

Although it was almost immediately apparent to the Marines that the people dead in the room were men, women and children — most likely civilians — they also noticed a back door ajar and believed that insurgents had slipped through to a house nearby, Puckett said. The Marines stealthily moved to the second house, kicking in the door, killing one man inside and then using a frag grenade and more gunfire to clear another room full of people, he said.

Wuterich, not having found the insurgents, told the team to stop and headed back to the platoon leader to reassess the situation, Puckett said, adding that his client knew a number of civilians had just been killed. [Emphasis added by me.]

The sergeant is claiming that the "rules or engagement" allowed them to enter and fire indiscriminately inside civilian homes without confirmation that there were enemy elements inside. They also entered a second house on a hunch that someone may have left the first house and gone to the second house. They proceeded to kill the occupants of the second house based on their hunch. The door that was left ajar apparently was by the woman fleeing the massacre with the surviving infant.

The sergeant’s explanation of the killings in the third house is as follows:

After going through the houses, Wuterich moved a small group of Marines to the roof of a nearby building to watch the area, Puckett said. At one point, they saw a man in all-black clothing running from one of the houses they had searched. The Marines killed him, Puckett said.

They then noticed another man in all black scurrying between two houses across the street. When they went to investigate, the Marines found a courtyard filled with women and children and asked where the man was, Puckett said.

When the civilians pointed to a third house, the Marines attempted to enter and found a man with an AK-47 inside, flanked by three other men; the first Marine to enter tried to fire his weapon, but it jammed, Puckett said. The Marines then killed those four men.

It is worth noting that this explanation differs from the Iraqi version of events. The apparent point blank gunshot wounds also contradicts the sergeant’s version of events. This explanation also directly contradicts the two versions of events offered by the Marine Corps to the press. The sergeant’s lawyer believes that those versions were the result of "miscommunication".

The irony here is that if the Marine sergeant is successful in his defense, then the Marines who committed the killings will be innocent but the United States Military will be guilty. Either these killings were perpetrated in cold blood by rogue Marines or these killings were a result of very loose "rules of engagement".

Let us assume for a moment that the sergeant is telling the truth and the "rules of engagement" allow American soldiers to go into Iraqi civilians’ homes and shoot everyone inside without establishing that they are the enemy. Let us assume that it is good enough for American soldiers in a civilian populated urban area to establish that gunfire originated from the general direction of some houses and then to enter those houses and kill everyone inside. The obvious question is how many more massacres have taken place under these "rules of engagement"?

These "rules of engagement" are a clear violation of the Geneva Conventions. If in fact, the United States is an "occupying power" in Iraq, which it certainly is, it has the obligation to protect the civilian population. Iraqi urban areas with civilian populations are not enemy territory. This is a counter-insurgency, not a war on a battlefield. You cannot indiscriminately shoot women and children. You cannot assume that someone is the enemy first. If you are doing that, you are committing war crimes. If the United States Military "rules of engagement" in Iraq allow for the killing of persons in their homes indiscriminately, those "rules of engagement" are designed to lead to war crimes.

For those who might be tempted to answer that this is a "different" kind of war and the enemy has no regard for human life and hides within the civilian population, I say to you learn some history. This is not the first counter-insurgency operation in the history of the world. All insurgents have hidden within the civilian population. If the Bush Administration has decided that it must kill civilians in order to stop the insurgency than it should say so. Instead of hiding behind the nonsense of how we have "freed" the Iraqis, we should just admit that we consider them the "enemy" and we are ready to kill them without provocation. Let the chips fall where they may and let the world cry war crimes! After all, who will try the United States? We have not ratified the International Criminal Court.

So, here is the ugly reality then. Either the Marine squad is guilty of war crimes, or the United States is guilty of war crimes. Take your pick. The outcome is not pretty. Either way, the people of Iraq are losing their lives as freedom continues to march over their corpses.

Posted in Foreign Policy, Human Rights, Iraq | 4 Comments

Suicide Torturees

 

Torture Awareness Month

 

Guantanamo Detainees - by Patrick Chappatte

 

Three detainees at Guantanamo Bay committed suicide yesterday. I had cited a tongue-in-cheek post a few weeks ago from Jeremiah Bullfrog about "suicide torturees". Little did I know at the time that the jailers at Guantanamo Bay had also read Jeremiah’s post. However, they apparently missed the satire completely.

Responding to the suicides Rear Admiral Harry Harris of the Joint Task Force – Guantanamo said:

They are smart. They are creative. They are committed. They have no regard for human life, neither ours nor their own. I believe this was not an act of desperation, but rather an act of asymmetrical warfare waged against us.

Have we lost our minds? Let me be very clear: Suicide is not an act of war. There is a big difference between "suicide" and "suicide bomber"; the latter involves killing other people. I can only hope this is some very clever psy-ops tactic to get al Qaeda to commit spontaneous suicide. Otherwise, we are in a world of trouble in the War on Terror. If the enemy is able to attack us by committing suicide, I am afraid we have no countermeasures.

The three detainees who committed suicide were being held without charges by the United States. They were not given Prisoner of War status and thereby denied the protections of the Geneva Conventions. They were very likely tortured. They were kept outside the jurisdiction of the US courts. There is absolutely no reason to believe that these men were guilty of anything. The only "evidence" we have is the word of the Bush Administration. I am afraid "trust us" no longer is an adequate explanation for gross violations of Human Rights.

One of the reasons the Geneva Conventions exist is for the protection of the party that is holding the prisoners. In addition to protecting the prisoners from abuse, the Geneva Conventions offer the necessary transparency so that the jailers cannot be accused of torture or other human rights violations. I am afraid by denying these prisoners the Geneva protections the United States cannot escape the charge that it tortures. If it did not torture, there was no reason not to accord these prisoners Geneva protections.

It should be no surprise that already these suicides are being called into question by the Saudis and others. The Bush Administration has no defense to these charges. The War on Terror is largely about hearts and minds. Guess who is losing that battle? Admiral Harris has more to worry about than whether suicides constitute acts of war. His statements are the latest indication that the United States violates laws of war and human rights at Guantanamo. The United States apparently does not even understand what constitutes "war" or it has broadened the definition of "war". If the US definition of "war" has been broadened, in conjunction with the narrowing of the definition of "torture", it points quite definitively to the Bush Administration’s lack of respect for human rights and international norms.

It used to be that the United States enjoyed the moral authority to point out bad behavior by other countries. Those days are over. The United States now is on the receiving end of such charges. Any claim that the United States now makes about defending the human rights of people in Iraq or other places will be considered a joke. This is a tragedy for us as Americans and for the rest of the world. We are moving from the age of reason to one where might is right. Shame on the Bush Administration and shame on us for allowing it to happen.

Posted in Human Rights, Torture | 4 Comments

The Touch

 

Dennis Bergkamp

 

Holland just defeated Serbia Montenego 1-0 in a hard fought game. Arjen Robben was the most dangerous man on the field as he followed up his wonderful goal with a magnificent display of attacking football.

In Robben’s honor, I wanted to share with you one of my favorite moments from any World Cup. In the 1998 World Cup, the Dutch "Orange" defeated Argentina 2-1 in a game that ended with one of the most sublime touches in all of soccer. Dennis Bergkamp, one of my favorite players of all time, took a long 50 yard lob sent from the Dutch side of the field deftly with one foot, turned the ball on his second touch to beat the Argentine defender, and drove the ball to the back of the net. Bergkamp made it look so easy that the skill involved took a backseat to the beauty of the move. The best video I found on YouTube unfortunately is not the best quality, but the quality of the video is more than compensated for by the Dutch commentator who definitely could have used a sedative.

Click on the image above to see the video. The first part of the video is other goals by Bergkamp. The second part of the video with the crazy Dutch commentator is the World Cup goal in question.

The Iran versus Mexico game is about to begin. Watch for Iran’s Ali Daei to have a big day. This game will put Mexico to the test.

Posted in World Cup | 8 Comments

Hate

 

Mary Matalin

The shit rolls downhill.

 

 

Posted in Media, Politics | 2 Comments