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'Lawfare' Over Haditha (The administration's domestic opponents play into the enemy's hands)
Opinion Journal ^ | Wednesday, June 7, 2006 | DAVID B. RIVKIN JR. / LEE A. CASEY

Posted on 06/07/2006 3:16:52 AM PDT by IrishMike

The unfolding investigation of last November's events in Haditha reveals much more about the Bush administration's critics than it does about the U.S. armed forces. Although the inquiry is ongoing, it appears that 24 unarmed Iraqi civilians were deliberately murdered, allegedly by American Marines seeking revenge for a fallen comrade. If true, the episode was a war crime, something that must be--and no doubt will be--severely punished. However, the administration's critics are already cynically leveraging the Haditha killings as a means of undercutting the president, heedless of the effect this may have on American national interests.

Here is an outline of the emerging anti-Bush thesis: Haditha was the fault not of a handful of Marines, but of an administration that has refused to honor international law. As support, critics point to the administration's refusal to grant Geneva Convention rights to al Qaeda or the Taliban, to the use of aggressive interrogation techniques to obtain intelligence from terrorist detainees, and to a determination not to treat these individuals as ordinary criminal defendants. All of this is claimed despite the fact that the most fundamental aspects of administration policy--that the U.S. is at war, that individuals captured in this war can be held without trial as "enemy combatants" or tried by a military commission--have been vindicated so far by the courts.

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


TOPICS: Crime/Corruption; Culture/Society; Editorial; Foreign Affairs; Government; Miscellaneous; News/Current Events; Philosophy; War on Terror
KEYWORDS: alqaeda; alqaida; corruption; haditha; iraq; jihad; marine; marines; media; mediabias; terror; terrorism; terrorists; troops; war; waronterror; wot
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Continues................ To put things in perspective, it is worth noting that abuses and violations of the laws of war have occurred in every armed conflict in human history, regardless of how well-led or disciplined were the troops involved. Indeed, by the standards of past conflicts, U.S. forces in Iraq and Afghanistan have behaved in exemplary fashion, using force in combat with unprecedented precision, minimizing collateral damage and civilian deaths--often at risk to themselves and to their mission. In Iraq, this has been the case even though American forces are fighting in the toughest possible urban insurgency environment. Overall, all U.S. forces, including the Marines, have used deadly force in a proportionate and discriminate manner, fully in accord with the laws and customs of war. By contrast, our enemies engage in war crimes on a daily basis as a matter of policy. For them, targeting civilians is not the exception but the rule--it is the essence of the "asymmetrical" warfare they practice.

Throughout history, irregular forces have used the surrounding civilian population in two distinct ways. First, guerrilla fighters do not wear uniforms or carry their arms openly--critical elements of lawful warfare--so as to hide among the civilian population. In effect, they use civilians as shields. Second, like the insurgents in Iraq, they seek to goad opponents into mistakenly, or deliberately, attacking civilians--as a means of mobilizing the population against the regulars. The killings at Haditha show how this strategy can work.

Concludes.............................. At the same time, should the Haditha incident mature into a full-fledged war crimes drama prompting a premature U.S. withdrawal, the damage would not be limited to Iraq. If the U.S. cannot fight and win against a brutal urban insurgency in Iraq today, its ability to defeat any determined foe willing to sacrifice the civilian population in irregular warfare will be in question. This can only benefit the most vicious regimes and movements. The Bush administration's critics should pause a moment, and reflect, on whether this would really be worth it.

1 posted on 06/07/2006 3:16:59 AM PDT by IrishMike
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To: IrishMike
it appears that 24 unarmed Iraqi civilians were deliberately murdered, allegedly by American Marines seeking revenge for a fallen comrade.

It appears that way to whom???? Let's just assume our guys are bad guys and the murdering lowlife terrorists did nothing wrong.

2 posted on 06/07/2006 3:33:18 AM PDT by Always Right
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To: IrishMike
If this was murder, the guilty must be punished, even to death.

Whoever publicly leaked this information before an investigation could be completed should also go to prison.

The Democrats are going to get us all killed.
3 posted on 06/07/2006 3:36:44 AM PDT by Coldwater Creek ("Over there, over there, We won't be back 'til it's over Over there.")
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To: IrishMike

Two things:

1. Despite their support for the administration, this article, too, assumes that a war crime has taken place BEFORE the facts are presented. Is there anyone who doubts for a moment that these Marines also have their side of the story?

2. 9/11....Everyone forgets 9/11. 3000 Americans were murdered that day, and Iraq is a logical extension of that pledge to bring down Al Qaeda and all who aided, abetted, provided comfort in ANY capacity. Iraq was guilty of that....not to mention their refusal to abide by previous treaties. Afghanistan was also a logical extension.


4 posted on 06/07/2006 3:37:00 AM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: IrishMike
critics point to the administration's refusal to grant Geneva Convention rights to al Qaeda or the Taliban

At the risk of being redundant, Al Qaeda and the Taliban have no rights under the Geneva Conventions.
5 posted on 06/07/2006 3:37:23 AM PDT by Beckwith (The liberal media has picked sides and they've sided with the Jihadists.)
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To: Always Right

allegedly by American Marines ..............
per the version of three Iraqi youths who changed / modified their recollection of events many times, while the MSM failed to report portions that didn't suit their agenda.
And it's going to get worse, much worse since yesterday !!!

The Rats couldn't capatilize in California , failed to win Cunninghams seat. Their theory of Republican 'culture of corruption' did not work...... they lost.
So it's back to basics and Iraq. The Rats and the MSM will throw caution to the wind and every anti Bush or anti Military or anti war on terror issue will be headline / prime time "news".


6 posted on 06/07/2006 3:43:53 AM PDT by IrishMike (Democrats .... Stuck on Stupid, RINO's ...the most vicious judas goats)
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To: Beckwith

Not redundant what so ever, very valid and worth frequent repeating.


7 posted on 06/07/2006 3:46:42 AM PDT by IrishMike (Democrats .... Stuck on Stupid, RINO's ...the most vicious judas goats)
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To: IrishMike
BTTT!
However, the advent of modern media coverage--coupled with a growing and valid concern among democracies about humanitarian norms during warfare--has provided a new tactical innovation, increasingly known as "lawfare." Al Qaeda and the Iraqi insurgents thus routinely claim that American forces systematically violate the laws of war by targeting civilians and abusing prisoners. These claims are not targeted at the Iraqi people (although similar claims regarding insults to Islamic believers are so directed) but at public and, especially, elite opinion in the U.S. and other democracies. With Vietnam as its model, the Iraqi insurgency well understands that it can win only by undermining America's political will to win, and the center of gravity in this conflict lies in Washington, not Baghdad or the Sunni Triangle.

These lawfare tactics have several other important consequences. If the Pentagon's investigation of Haditha was delayed, it was most likely because similar massacre allegations are made virtually every time American forces take to the field. The fact that, in Iraq, IED explosions are so often followed by insurgent attacks launched from civilian structures also clearly gave credence to the initial--and evidently incorrect--reports from Haditha. When civilian buildings are used in insurgent operations, civilians often are killed in the crossfire, and so the report that a number of civilians had been killed by small arms in Haditha would not have appeared exceptional to the U.S. commanders.

8 posted on 06/07/2006 4:04:49 AM PDT by philman_36
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To: xzins
2. 9/11....Everyone forgets 9/11. 3000 Americans were murdered that day, and Iraq is a logical extension of that pledge to bring down Al Qaeda and all who aided, abetted, provided comfort in ANY capacity. Iraq was guilty of that....not to mention their refusal to abide by previous treaties. Afghanistan was also a logical extension.

What's your point? Did the 20 villagers who were allegedly slaughtered - women, children, and one old man - have anything whatsoever to do with 9/11? Atrocities committed against us do not justify atrocities against other civilians.

9 posted on 06/07/2006 4:08:19 AM PDT by jude24 ("I will oppose the sword if it's not wielded well.")
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To: philman_36

When civilian buildings are used in insurgent operations, civilians often are killed in the crossfire, and so the report that a number of civilians had been killed by small arms in Haditha would not have appeared exceptional to the U.S. commanders.

AND that is a daily occurance......


10 posted on 06/07/2006 4:13:40 AM PDT by IrishMike (Democrats .... Stuck on Stupid, RINO's ...the most vicious judas goats)
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To: IrishMike

The President could have help put all this backbiting and military slamming into prespective by issuing the following statement (File under, "Things I wish the President would have said):

For 231 years, the United States Marine Corps has earned our trust, admiration and respect both on the field of battle and here at home. Now there is speculation in the media and among reckless members of Congress that a few may have been involved in an incident in Iraq.

I will not condemn or villify a Corps which has gained the respect of friends and foe alike. These young men will receive a full, fair and impartial investigation like any American. Then and only then will futher comments be made by me or this administration."


11 posted on 06/07/2006 4:33:10 AM PDT by armydawg1 (" America must win this war..." PVT Martin Treptow, KIA, WW1)
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To: Darkwolf377
The MSM and Libs (redundant) want their My Lai and by God they're gonna get one. Their feverish desire to rerun every page of the How To Help The NVA Playbook is going to destroy a lot of good people.
An article of possible interest.

This story is welcome news, but the MSM have a lot of tricks up their sleeves.
The MSM can't see that they're being played!?
However, the advent of modern media coverage...has provided a new tactical innovation, increasingly known as "lawfare."
So much for intelligent news purveyors.

12 posted on 06/07/2006 4:34:02 AM PDT by philman_36
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To: xzins; MEG33; Coop
Hat Tip MEG and Coop


13 posted on 06/07/2006 4:49:54 AM PDT by Dog
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To: Dog

My Hat Tip... Pookie's Toon thread..I am so glad to see it reposted..Hope more see it and repost it! So accurate.


14 posted on 06/07/2006 4:52:41 AM PDT by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: armydawg1

The President's statement on this issue was measured and reasonable. Yet you continue to slam him incessantly and quite unfairly.


15 posted on 06/07/2006 4:54:50 AM PDT by Coop (FR= a lotta talk, but little action)
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To: xzins

Yesterday Imus called it 'the Marine massacre' while talking to McCain. McCain did nothing to correct him and responded as if that characterization were already a proven.


16 posted on 06/07/2006 4:55:58 AM PDT by wtc911 (You can't get there from here)
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To: IrishMike

IMHO, the United States has a formidable adversary supported by the enemy within composed of left wing socialist revolutionaries (Time, Newsweek magazines and other elements of the MSM such as the alphabet channels), Clintonista operatives, a misguided military that treats is own worse than how it treats enemy combatants), and Congress members who do not have American interests at heart like Murtha, Boxer, Kennedy, et al. Combine that with the absence of true Statesmen with its attendant leadership, and the USA is again on a path to failure. History is showing that militarily we were winning the war in Vietnam, but lost owing to the enemy within. The MSM has yet to admit its culpability to the killing fields that they made possible (Pol Pot's regime killed 4-5 million people between 1975-1979).

We demonstrated that we have the greatest military in the world with a brilliant campaign in Afghanistan and Iraq, only to bog down in Iraq because we seem to fall back onto police action instead of military action. In WWII terms we would have left Berlin alone untouched, and then wondered where the insurgents were coming from? We bombed Berlin and then went from building to building the get rid of the remaining enemy. Today, instead we are again playing into the hands of the enemy by not touching the Sunni Triangle; that is a moot point because it is two years too late for that. On top of that we are punishing our children and heroes who volunteered for the military for doing their job in Iraq (Pantano, Haditha, we put in shackles a 20-year old corpsman with no charges filed)! What happened to presumed innocence until proven guilty? Where are the strong statements by our countries leaders supporting our military (our children)? Does Murtha know this?


17 posted on 06/07/2006 5:01:40 AM PDT by olezip
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To: Always Right
It appears that way to whom???? Let's just assume our guys are bad guys and the murdering lowlife terrorists did nothing wrong.

Ignoring the local Iraqis and the MSM, it's clear that the military thinks they have some very serious evidence on their hands. If that's the case, then we need to police our own, and that's not shocking. Servicepeople are just as human as anyone else, and sometimes they don't do the right thing.

It's war. Bad things happen. We need to deal with it on it's own terms, not pretend that our troops are angels that can do no wrong. The honor of the 99.9% rests on punishing the .1% that slip the leash.

18 posted on 06/07/2006 5:04:00 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
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To: mariabush
If this was murder, the guilty must be punished, even to death.

Whoever publicly leaked this information before an investigation could be completed should also go to prison.

You're mighty quick to execute volunteer soldiers, and toss people in prison...maria.

19 posted on 06/07/2006 5:04:51 AM PDT by papertyger (Evil preys on civility.)
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To: papertyger; mariabush
You're mighty quick to execute volunteer soldiers, and toss people in prison...maria.

As a volunteer, I'd opine that volunteers should be held to a higher standard.

Military discipline can be harsh, but it's the only thing that keeps such a small military going. The ROE is absurdly tight, and the enemy cheats, our allies sabotage us, half of America wants to see us fail, and a million other problems conspire against us. Discipline keeps us together. Nothing else.

20 posted on 06/07/2006 5:12:51 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
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