Washington – The majority of U.S. service members charged in the unlawful deaths of Iraqi civilians have been acquitted, found guilty of relatively minor offenses or given administrative punishments without trials, according to a Washington Post review of concluded military cases. Charges against some troops were dropped.
Though experts estimate thousands of Iraqi civilians have died at the hands of U.S. forces, only 39 service members have been formally accused in connection with the deaths of 20 Iraqis since the war began three years ago. Twenty-six of the 39 troops were initially charged with murder, negligent homicide or manslaughter; 12 of them ultimately served prison time.
Supporters of the military say the small numbers reflect the caution and professionalism exercised by U.S. forces on an urban battlefield where it is often difficult to distinguish combatants from civilians. Military analysts contend the statistics illustrate commanders’ reluctance to investigate and hold troops accountable.
“I think there are a number of cases that never make it to the reporting stage, and in some that do make it to the reporting stage, there has been a reluctance to pursue them vigorously,” said Gary Solis, a law professor at Georgetown University and a former Marine prosecutor. “There have been fewer prosecutions in Iraq than one might expect.
“But we should not forget that so many of our soldiers and Marines are performing not only honorably but heroically in very difficult circumstances.”
Top military officers, military lawyers, experts and troops say the number of homicide cases prosecuted probably represents only a small portion of the incidents in which Iraqi citizens were killed under questionable circumstances.
Some observers contend that civilian deaths are inevitable in war and that the close combat environment in Iraq frequently puts civilians in the line of U.S. and insurgent fire.
“I was extremely surprised when I was charged because it was clear the shooting fell within the guidelines of my rules of engagement,” said National Guard Spec. Nathan Lynn, charged and later cleared in the February shooting death of a man in Ramadi who turned out to be unarmed.
“This is a war. It’s not a police action.”
There is no accurate count of the number of Iraqi civilians killed by U.S. forces.
