2007 Shinwar shooting: Difference between revisions

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[[The Pentagon]] issued a formal apology for the incident on 7 May 2007.<ref name="nicholsonapology" /> "This was a terrible, terrible mistake," said [[United States Army|US Army]] Colonel John Nicholson, "and my nation grieves with you for your loss and suffering. We humbly and respectfully ask for your forgiveness."<ref name="nicholsonapology" /> This was dismissed as premature by General [[James T. Conway]], [[Commandant of the Marine Corps]], who said: "I would just as soon that no one&nbsp;... apologize or talk about 'terrible, terrible mistakes'."<ref name="lowe-2007-05-18" />
[[The Pentagon]] issued a formal apology for the incident on 7 May 2007.<ref name="nicholsonapology" /> "This was a terrible, terrible mistake," said [[United States Army|US Army]] Colonel John Nicholson, "and my nation grieves with you for your loss and suffering. We humbly and respectfully ask for your forgiveness."<ref name="nicholsonapology" /> This was dismissed as premature by General [[James T. Conway]], [[Commandant of the Marine Corps]], who said: "I would just as soon that no one&nbsp;... apologize or talk about 'terrible, terrible mistakes'."<ref name="lowe-2007-05-18" />


[[James Mattis]], then a Marine Corps lieutenant general, ordered a [[Court of Inquiry (Naval)|court of inquiry]] to be held.<ref name="marine-times-talton-2007-10-11" /> The court at Camp Lejeune, North Carolina formally investigated the incident in January 2008, hearing from more than 50 witnesses, including Afghans, over 17 days. Much of the testimony was characterized as "vague and contradictory",<ref name="marineinquiry" /> but in May 2008 the inquiry concluded that the US troops "acted appropriately and in accordance with the [[rules of engagement]] and tactics, techniques and procedures in place at the time in response to a complex attack."<ref name="marineinquiry" />
[[James Mattis]], then a Marine Corps lieutenant general, ordered a [[Court of Inquiry (Naval)|court of inquiry]] to be held.<ref name="marine-times-talton-2007-10-11" /> The court at Camp Lejeune, North Carolina formally investigated the incident in January 2008, hearing from more than 50 witnesses, including Afghans, over 17 days. Much of the testimony was characterized as "vague and contradictory",<ref name="marineinquiry" />
and the four soldiers who had fired their weapons did not testify, having been granted immunity from prosecution.<ref name="walsh-2010-07-26" />
In May 2008 the inquiry concluded that the US troops "acted appropriately and in accordance with the [[rules of engagement]] and tactics, techniques and procedures in place at the time in response to a complex attack."<ref name="marineinquiry" />

Testimony to inquiry was [[classified]] and not released,<ref name="marineinquiry" />
and 12,000-page report was also unpublished.<ref name="walsh-2010-07-26" />
No criminal charges were brought, although some officers did receive an "administrative reprimand".<ref name="walsh-2010-07-26" />

The verdict infuriated the Afghan Independent Human Rights Commission.<ref name="haas53" />
The verdict infuriated the Afghan Independent Human Rights Commission.<ref name="haas53" />
[[Kubra Aman]], a member of the Afghan [[House of Elders (Afghanistan)|House of Elders]] from [[Nangarhar]], said "I am very angry. This is too much."<ref name="NewsOK-AP-2008-06-08" />
[[Kubra Aman]], a member of the Afghan [[House of Elders (Afghanistan)|House of Elders]] from [[Nangarhar]], said "I am very angry. This is too much."<ref name="NewsOK-AP-2008-06-08" />

Revision as of 17:00, 6 May 2015

34°15′N 70°30′E / 34.25°N 70.5°E / 34.25; 70.5 The 2007 Shinwar shooting, also known as the Shinwar massacre,[1] was the killing of a number of Afghan people on 4 March 2007, in the Shinwar District of the Nangarhar Province of Afghanistan. United States Marines, fleeing the scene of a car bomb attack and ambush by Afghan militants, fired on people and vehicles surrounding them, according to initial reports killing as many as 19 civilians and injuring around 50 more.[2] The exact casualty figures have not been firmly established.[3]

The United States Marine Corps conducted an internal inquiry from January 2008. In May that year it determined that the Marine Corps unit had acted "appropriately and in accordance with the rules of engagement".[4] The report was condemned by the Afghan Independent Human Rights Commission,[5] and by the United Nations mission in Afghanistan.[6] ⋅

Further revelations in 2010 led both Amnesty International and the International Bar Association to assert that there was prima facie evidence of violations of international humanitarian law.[7]

Sequence of events

On 4 March 2007, Haji Ihsanullah, a member of Hezb-e Islami Khalis,[8] drove a minivan laden with explosives into one of the five vehicles making up a US convoy, which included either three[9] or six[10] humvees. One US Marine was injured.[11] The force which attacked the US convoy has also been claimed to be the Tora Bora Military Front.[12] Sources differ on whether or not hidden gunmen then also opened fire on the convoy.[13] US forces fled the scene of the ambush,[9] opening fire on some vehicles for between 6 and 16 miles[14] while driving along the Afghan street.[15]

According to several witnesses and the Afghan Independent Human Rights Commission, the US Marines' response to the car bombing included indiscriminate firing at passing civilians on the busy highway. They asserted that elderly men, women and children were killed.[16] Akhtyar Gul, a local reporter who witnessed the shooting, claimed that the Marines sprayed civilians with machine gun fire even though the Marines were not under attack.[16]

According to Associated Press and Afghan journalists, US troops confiscated photos and videos of the incident and its aftermath.[17][18] A freelance photographer working for the Associated Press claimed that two Marines and a translator asked him: "Why are you taking pictures? You don't have permission." Another photographer claimed that he had been told by US troops, through a interpreter: "Delete them [your photos], or we will delete you."[4]

Afghan response

The killings were followed by widespread protests across Afghanistan and drew sharp criticism from President Hamid Karzai.[3] The Afghan Independent Human Rights Commission's report asserted that: "In failing to distinguish between civilians and legitimate military targets, the US Marine Corps Special Forces employed indiscriminate force. Their actions thus constitute a serious violation of international humanitarian standards."[19]

Aftermath

Major General Frank Kearney, head of the US Special Operations Command (USSOCOM), ordered the entire 120-member unit out of Afghanistan pending an investigation into the incident, and announced that there was no evidence supporting the Marines' story that they had come under fire.[10][20] The unit's commander and senior officer were relieved of their duties on 3 April 2007 and re-assigned to Camp Lejeune in North Carolina.[21] Kearney's order to have the unit depart Afghanistan was later found by the Department of Defense's Inspector General to be within his authority, and reasonable.[22] Compensation payments of approximately $2,000 each were reportedly paid to the families of those killed or wounded.[23]

Investigation and inquiry

The shooting came under investigation by both Afghanistan[24] and the United States. On 12 April 2007, an initial US inquiry[by whom?] determined that the Marines used "excessive force when they killed civilians after a suicide bombing", and was referred to the Naval Criminal Investigative Service for a criminal inquiry.[25] The The New York Times of 20 April 2007 included an article asserting that the shooting was similar to the Haditha killings.[26]

The Pentagon issued a formal apology for the incident on 7 May 2007.[27] "This was a terrible, terrible mistake," said US Army Colonel John Nicholson, "and my nation grieves with you for your loss and suffering. We humbly and respectfully ask for your forgiveness."[27] This was dismissed as premature by General James T. Conway, Commandant of the Marine Corps, who said: "I would just as soon that no one ... apologize or talk about 'terrible, terrible mistakes'."[28]

James Mattis, then a Marine Corps lieutenant general, ordered a court of inquiry to be held.[29] The court at Camp Lejeune, North Carolina formally investigated the incident in January 2008, hearing from more than 50 witnesses, including Afghans, over 17 days. Much of the testimony was characterized as "vague and contradictory",[30] and the four soldiers who had fired their weapons did not testify, having been granted immunity from prosecution.[4] In May 2008 the inquiry concluded that the US troops "acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack."[30]

Testimony to inquiry was classified and not released,[30] and 12,000-page report was also unpublished.[4] No criminal charges were brought, although some officers did receive an "administrative reprimand".[4]

The verdict infuriated the Afghan Independent Human Rights Commission.[5] Kubra Aman, a member of the Afghan House of Elders from Nangarhar, said "I am very angry. This is too much."[6] The decision was also criticised by the United Nations mission in Afghanistan, whose spokesperson Aleem Siddique said "It is disappointing that no one has been held accountable for these deaths".[6]

In 2010, Mark Ellis of the International Bar Association told Channel 4 News of the UK that that based on documents released by Wikileaks, "there is prima facie evidence from the military log that suggests the troops could be investigated for war crimes" but that legal hurdles would probably prevent a hearing before the International Criminal Court (ICC).[7] Sam Zafiri of Amnesty International took a similar line, saying that "There is certainly prima facie evidence of violations of international humanitarian law ... It's not so much about whether an investigation into what happened at Jalalabad is re-opened, but rather publish what the US military did investigate, who they talked to, what were the results and how did they arrive at the decision they came to."[7]

In March 2015, the American journal[under discussion] Military Times published a series of articles about the incident, written by Andrew deGrandpre. Fred Galvin, who commanded the Marine unit at the time of the incident, said that despite being cleared by the court of inquiry, he and his men still felt they were stigmatised as a result of the accusations.[31]

See also

References

  1. ^ Prince, Stephen (13 August 2013). Firestorm: American Film in the Age of Terrorism. Columbia University Press. p. 210. ISBN 978-0231148702. Retrieved 6 May 2015.
    South Asia Defence and Strategic Year Book. Panchsheel. 2009. p. 254. Retrieved 6 May 2015.
    Tucker, Spencer C., ed. (8 October 2010). Encyclopedia of Middle East Wars, The: The United States in the Persian Gulf, Afghanistan, and Iraq Conflicts. ABC-CLIO. p. 1368. ISBN 9781851099481. {{cite book}}: |access-date= requires |url= (help)
    Danes, Kay (2010). Beneath the Pale Blue Burqa: One Woman's Journey Through Taliban Strongholds. Big Sky Publishing. p. 110. ISBN 978-0980658286. Retrieved 6 May 2015.
  2. ^ Talton, Trista; Naylor, Sean D. (15 February 2008). "The story of 'Task Force Violence'". Marine Times. Retrieved 6 May 2015.
  3. ^ a b Tyson, Ann Scott (23 March 2007). "Marine Unit Is Told To Leave Afghanistan". Washington Post. Archived from the original on 12 September 2009. Retrieved 11 September 2009. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  4. ^ a b c d e Walsh, Declan (26 July 2010). "Afghanistan war logs: How US marines sanitised record of bloodbath". The Guardian. London. Archived from the original on 29 July 2010. Retrieved 26 July 2010. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  5. ^ a b Michael Haas (2009). George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. ABC-CLIO. p. 53. ISBN 978-0-313-36499-0. Investigation began in early 2008 for those involved in the Shinwar massacre. Six Marines were granted immunity to testify. Their testimony served to exonerate those not granted immunity, thereby infuriating Afghanistan's human rights commission.
  6. ^ a b c "Many Afghans outraged at US decision on Marines". NewsOK. Associated Press. 6 June 2008. Retrieved 6 May 2015.
  7. ^ a b c Jepson, Kris (27 July 2010). "Afghan shootings raise war crimes question". Channel 4. London. Retrieved 5 May 2015.
  8. ^ "Wounded Afghans say U.S. forces fired on civilians after suicide bomb". USA Today. United States. Assocated Press. 4 March 2007. Retrieved 6 May 2015.
  9. ^ a b Faiez, Rahim (3 May 2007). "U.S. forces flee Afghan ambush firing wildly". Current-Argus. Archived from the original on 12 September 2009. Retrieved 11 September 2009. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  10. ^ a b Iqbal, Anwar (16 April 2007) "Marines killed civilians in Afghanistan: report", Dawn.com
  11. ^ "U.S. investigating reports of Afghan civilians killed by its military forces ", AlaskaReport, 5 March 2007
  12. ^ World Almanac of Islamism 2011. Rowman & Littlefield. p. 827. ISBN 978-1-4422-0714-1.
  13. ^ "US Seizes Afghan Shooting Footage", Al Jazeera English, 6 March 2007
  14. ^ Bright, Arthur (16 April 2007) "Pentagon inquiry finds US Marine unit killed Afghan civilians. Csmonitor, 16 April 2007
  15. ^ "US Revises Downward Number of Civilians Killed in Afghan Convoy Attack". VOA News. Archived from the original on 6 March 2007. Retrieved 22 March 2012. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  16. ^ a b Baxter, Sarah (15 April 2007). "US troops accused of killing civilians". The Sunday Times. London. Retrieved 17 April 2007.
  17. ^ "US 'excessive' in Afghan attack". BBC News. 15 April 2007. Retrieved 16 March 2008.
  18. ^ "US 'erased Afghan attack footage'". BBC News. 5 March 2007. Archived from the original on 15 March 2007. Retrieved 18 April 2007. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  19. ^ Gall, Carlotta (15 April 2007). "Marines Accused in Afghanistan Slayings". The New York Times. Retrieved 17 April 2007.
  20. ^ Kevin Baker (2011). War in Afghanistan. Rosenberg Publishing Pty, Limited. p. 221. ISBN 978-1-921719-39-4.
  21. ^ "Probe: Spec ops Marines used excessive force – Navy News, opinions, editorials, news from Iraq, photos, reports – Navy Times". Navytimes.com. 11 April 2007. Retrieved 3 March 2012.
  22. ^ "H07L105376221" (PDF). Office of Inspector General. United States Department of Defense. 10 July 2008. Retrieved 6 May 2015.
    "Probe backs commander who removed Marine unit". WHEC. Rochester, New York. Associated Press. 16 September 2008. Retrieved 6 May 2015.
  23. ^ Rights group assails U.S. marines in killings of Afghans – International Herald Tribune
  24. ^ "9 Afghan Civilians Killed In NATO Strike". CBS News. 5 March 2007. Retrieved 23 December 2008.
  25. ^ "Probe: US Marines killed civilians in Afghanistan | Jerusalem Post". Fr.jpost.com. 3 February 2012. Retrieved 3 March 2012.
  26. ^ von Zeilbauer, Paul (20 April 2015). "Killings of Afghan Civilians Recall Haditha". New York Times. Retrieved 5 May 2015.
  27. ^ a b "Pentagon apologizes for deaths of Afghan civilians". CNN. Retrieved 22 April 2010.
  28. ^ Lowe, Christian (18 May 2007). "Conway Condemns Afghanistan Apology". Military.com. Retrieved 3 March 2012.
  29. ^ Talton, Trista (11 October 2007). "Court of inquiry ordered in spec-ops case". Marine Times. Gannett. Retrieved 6 May 2015.
  30. ^ a b c David Zucchino (24 May 2008). "Marine Corps unit cleared in Afghan shootout". LA Times. Retrieved 10 September 2009.
  31. ^ deGrandpre, Andrew (2015). "Task Force Violent: The Unforgiven". Military Times. Garnett. Retrieved 5 May 2015.

External links

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