United States war crimes
United States war crimes are the violations of the laws and customs of war of which the United States Armed Forces are accused of committing after the signing of the Hague Conventions of 1899 and 1907. These have included the summary execution of captured enemy combatants, the mistreatment of prisoners during interrogation, the use of torture, and the use of violence against civilians and non-combatants.
War crimes can be prosecuted in the United States through the War Crimes Act of 1996. However, the Federal government of the United States strongly opposes the International Criminal Court (ICC) treaty, arguing that the Court lacks checks and balances, and thus does not accept ICC jurisdiction over its nationals.
War crimes are defined as acts which violate the laws and customs of war established by the Hague Conventions of 1899 and 1907, or acts that are grave breaches of the Geneva Conventions and Additional Protocol I and Additional Protocol II. The Fourth Geneva Convention of 1949 extends the protection of civilians and prisoners of war during military occupation, even in the case where there is no armed resistance, for the period of one year after the end of hostilities, although the occupying power should be bound to several provisions of the convention as long as "such Power exercises the functions of government in such territory."
Following the end of the Spanish–American War in 1898, Spain ceded the Philippines to the United States as part of the peace settlement. This triggered a more than a decade-long conflict between the United States Armed Forces and the revolutionary First Philippine Republic under President Emilio Aguinaldo.
War crimes committed by the United States Army in the Philippines include the March across Samar, which led to the court martial and forcible retirement of Brigadier General Jacob H. Smith. Smith instructed Major Littleton Waller, commanding officer of a battalion of 315 U.S. Marines assigned to bolster his forces in Samar, regarding the conduct of pacification, in which he stated the following:
"I want no prisoners. I wish you to kill and burn, the more you kill and burn the better it will please me. I want all persons killed who are capable of bearing arms in actual hostilities against the United States."
"I would like to know the limit of age to respect, sir."
"Ten years", Smith responded.
"Persons of ten years and older are those designated as being capable of bearing arms?"
A sustained and widespread massacre of Filipino civilians followed. All food and trade to Samar were cut off, with the intention of starving the revolutionaries and the civilian populace into submission. Smith's strategy on Samar involved widespread destruction of land and towns to force inhabitants to stop supporting the guerrillas and turn to the Americans out of fear of starvation. He used his troops in sweeps of the interior in search for guerrilla bands and in attempts to capture Philippine General Vicente Lukbán, but he did nothing to prevent contact between the guerrillas and the townspeople. American columns marched across the island, destroying homes and shooting people and draft animals. The exact number of Filipino civilians killed by US troops will never be known. Littleton Waller, in a report, stated that over an eleven-day period his men burned 255 dwellings, shot 13 carabaos, and killed 39 people. An exhaustive research made by a British writer in the 1990s put the figure at about 2,500 dead; Filipino historians believe it to be around 50,000. As a consequence of his order in Samar, Smith became known as "Howling Wilderness Smith".
Regarding the massacres in Bud Dajo, Major Hugh Scott, the District Governor of Sulu Province, where the incidents occurred, recounted that those who fled to the crater "declared they had no intention of fighting, ran up there only in fright, and had some crops planted and desired to cultivate them." The description of the engagement as a "battle" is disputed because of both the overwhelming firepower of the attackers and the lopsided casualties. The author Vic Hurley wrote, "By no stretch of the imagination could Bud Dajo be termed a 'battle'". Mark Twain strongly condemned the incident in several articles he published, and commented: "In what way was it a battle? It has no resemblance to a battle. We cleaned up our four days' work and made it complete by butchering these helpless people."
A higher percentage of Moros were killed than in other incidents now considered massacres. For example, the highest estimate of Native Americans killed at the Wounded Knee Massacre is 300 out of 350, a death rate of 85%, whereas in Bud Dajo, there were only six Moro survivors out of a group estimated at 1,000, a death rate of over 99%. As at Wounded Knee, the Moro group included women and children. Moro men in the crater who had arms possessed melee weapons. While fighting was limited to ground action on Jolo, use of naval gunfire contributed significantly to the overwhelming firepower brought to bear against the Moros. During the engagement, 750 men and officers, under the command of Colonel J.W. Duncan, assaulted the volcanic crater of Bud Dajo (Tausūg: Būd Dahu), which was populated by 800 to 1,000 Tausug villagers.
On March 2nd, 1906, Wood ordered Colonel J.W. Duncan of the 6th Infantry Regiment, which was stationed at Zamboanga, the provincial capital, to lead an expedition against Bud Dajo. The assault force consisted of 272 men of the 6th Infantry, 211 dismounted men of the 4th Cavalry, 68 men of the 28th Artillery Battery, 51 men of the Philippine Constabulary, 110 men of the 19th Infantry and 6 sailors from the gunboat Pampanga. The battle began on March 5th, as mountain guns fired 40 rounds of shrapnel into the crater. During the night, the Americans hauled mountain guns to the crater's edge with block and tackle. At daybreak, the American guns, both the mountain guns and the guns of the Pampanga, opened fire on the Moros' fortifications in the crater. American forces then placed a "Machine Gun... in a position where it could sweep the crest of the mountain between us and the cotta," murdering all Moros in the crater.
One account claims that the Moros, armed with knives and spears, refused to surrender and held their positions. Some of the defenders rushed the Americans and were cut down by artillery fire. The Americans charged the surviving Moros with fixed bayonets, and the Moros fought back with their kalis, barung, improvised grenades made with black powder and seashells. Despite the inconsistencies among various accounts of the battle, one in which all occupants of Bud Dajo were gunned down, another in which defenders resisted in fierce hand-to-hand combat, all accounts agree that few, if any, Moros survived.
In response to criticism, Wood's explanation of the high number of women and children killed stated that the women of Bud Dajo dressed as men and joined in the combat, and that the men used children as living shields. Hagedorn supports this explanation, by presenting an account of Lieutenant Gordon Johnston, who was allegedly severely wounded by a female warrior.
A second explanation was given by the Governor-General of the Philippines, Henry Clay Ide, who reported that the women and children were collateral damage, having been killed during the artillery barrages. These conflicting explanations of the high number of women and child casualties brought accusations of a cover-up, further adding fire to the criticism. Furthermore, Wood's and Ide's explanation are at odds with Colonel J.W. Duncan's post-action report authored on March 12th, 1906, describing the placement of a machine-gun at the edge of the crater to fire upon the occupants. Following Duncan's reports, the high number of non-combatants killed can be explained as the result of indiscriminate machine-gun fire.
Despite President McKinley's proclamation of "benevolent assimilation" of the Philippines as a U.S. Territory, American treatment of Philippine soldiers and civilians was far from being benevolent. General Elwell Stephen Otis controlled the flow of information by journalists, often through violent methods, in order to maintain American support for the war. Following the Battle of Manila, Aguinaldo switched his tactics from conventional warfare to guerrilla warfare, causing American generals to adopt harsher methods of warfare as well.
Orders given by Otis and General Arthur MacArthur Jr. oversaw the complete destruction of many villages, and the capture and execution of their civilians, in order to incite conflict by Philippine soldiers. Despite Otis' restriction on journalism, many reports by both American and Filipino journalists indicate that American treatment of Filipino prisoners was very harsh, as many were starved and tortured, and many others were executed.
A report written by General J.M. Bell in 1901 states: "I am now assembling in the neighborhood of 2,500 men who will be used in columns of about fifty men each. I take so large a command for the purpose of thoroughly searching each ravine, valley and mountain peak for insurgents and for food, expecting to destroy everything I find outside of towns. All able bodied men will be killed or captured. ... These people need a thrashing to teach them some good common sense; and they should have it for the good of all concerned."
World War I
According to historian Richard Rubin, American Doughboys developed an intense hatred of all soldiers of the Imperial German Army during the Meuse-Argonne Campaign. Rubin claims to have "read, here and there, reports of newly captured German prisoners at Meuse-Argonne being executed rather than sent back behind the lines."
World War II
On January 26, 1943, the submarine USS Wahoo fired on survivors in lifeboats from the Japanese transport Buyo Maru. Vice Admiral Charles A. Lockwood asserted that the survivors were Japanese soldiers who had turned machine-gun and rifle fire on the Wahoo after she surfaced, and that such resistance was common in submarine warfare. According to the submarine's executive officer, the fire was intended to force the Japanese soldiers to abandon their boats and none of them were deliberately targeted. Historian Clay Blair stated that the submarine's crew fired first and the shipwrecked survivors returned fire with handguns. The survivors were later determined to have included Allied POWs of the Indian 2nd Battalion, 16th Punjab Regiment, who were guarded by Japanese Army Forces from the 26th Field Ordnance Depot. Of 1,126 men originally aboard Buyo Maru, 195 Indians and 87 Japanese died, some killed during the torpedoing of the ship and some killed by the shootings afterwards.
During and after the Battle of the Bismarck Sea (March 3–5, 1943), U.S. PT boats and Allied aircraft attacked Japanese rescue vessels as well as approximately 1,000 survivors from eight sunken Japanese troop transport ships. The stated justification was that the Japanese personnel were close to their military destination and would be promptly returned to service in the battle. Many of the Allied aircrew accepted the attacks as necessary, while others were sickened.
American servicemen in the Pacific War sometimes deliberately killed Japanese soldiers who had surrendered, according to Richard Aldrich, a professor of history at the University of Nottingham. Aldrich published a study of diaries kept by United States and Australian soldiers, wherein it was stated that they sometimes massacred prisoners of war. According to John Dower, in "many instances ... Japanese who did become prisoners were killed on the spot or en route to prison compounds." According to Professor Aldrich, it was common practice for U.S. troops not to take prisoners. His analysis is supported by British historian Niall Ferguson, who also says that, in 1943, "a secret [U.S.] intelligence report noted that only the promise of ice cream and three days leave would ... induce American troops not to kill surrendering Japanese."
Ferguson states that such practices played a role in the ratio of Japanese prisoners to dead being 1:100 in late 1944. That same year, efforts were taken by Allied high commanders to suppress "take no prisoners" attitudes among their personnel (because it hampered intelligence gathering), and to encourage Japanese soldiers to surrender. Ferguson adds that measures by Allied commanders to improve the ratio of Japanese prisoners to Japanese dead resulted in it reaching 1:7, by mid-1945. Nevertheless, "taking no prisoners" was still "standard practice" among U.S. troops at the Battle of Okinawa, in April–June 1945. Ferguson also suggests that "it was not only the fear of disciplinary action or of dishonor that deterred German and Japanese soldiers from surrendering. More important for most soldiers was the perception that prisoners would be killed by the enemy anyway, and so one might as well fight on."
Ulrich Straus, a U.S. Japanologist, suggests that Allied troops on the front line intensely hated Japanese military personnel and were "not easily persuaded" to take or protect prisoners, because they believed, reasonably, that Allied personnel who surrendered got "no mercy" from the Japanese. Allied troops were told that Japanese soldiers were inclined to feign surrender in order to make surprise attacks, a practice which was outlawed by the Hague Convention of 1907. Therefore, according to Straus, "Senior officers opposed the taking of prisoners on the grounds that it needlessly exposed American troops to risks ..." When prisoners were taken at Guadalcanal, Army interrogator Captain Burden noted that many times POWs were shot during transport because "it was too much bother to take [them] in".
U.S. historian James J. Weingartner attributes the very low number of Japanese in U.S. prisoner of war compounds to two important factors, namely (1) a Japanese reluctance to surrender, and (2) a widespread American "conviction that the Japanese were 'animals' or 'subhuman' and unworthy of the normal treatment accorded to prisoners of war. The latter reason is supported by Ferguson, who says that "Allied troops often saw the Japanese in the same way that Germans regarded Russians — as Untermenschen (i.e., "subhuman").
Based on several years of research, Okinawan historian Oshiro Masayasu (former director of the Okinawa Prefectural Historical Archives) writes:
Soon after the U.S. Marines landed, all the women of a village on Motobu Peninsula fell into the hands of American soldiers. At the time, there were only women, children, and old people in the village, as all the young men had been mobilized for the war. Soon after landing, the Marines "mopped up" the entire village, but found no signs of Japanese forces. Taking advantage of the situation, they started 'hunting for women' in broad daylight, and women who were hiding in the village or nearby air raid shelters were dragged out one after another.
According to interviews carried out by the New York Times and published by them in 2000, several elderly people from an Okinawan village confessed that after the United States had won the Battle of Okinawa, three armed marines kept coming to the village every week to force the villagers to gather all the local women, who were then carried off into the hills and raped. The article goes deeper into the matter and claims that the villagers' tale — true or not — is part of a "dark, long-kept secret" the unraveling of which "refocused attention on what historians say is one of the most widely ignored crimes of the war": 'the widespread rape of Okinawan women by American servicemen." Although Japanese reports of rape were largely ignored at the time, academic estimates have been that as many as 10,000 Okinawan women may have been raped. It has been claimed that the rape was so prevalent that most Okinawans over age 65 around the year 2000 either knew or had heard of a woman who was raped in the aftermath of the war.
Professor of East Asian Studies and expert on Okinawa, Steve Rabson, said: "I have read many accounts of such rapes in Okinawan newspapers and books, but few people know about them or are willing to talk about them." He notes that plenty of old local books, diaries, articles and other documents refer to rapes by American soldiers of various races and backgrounds. An explanation given for why the US military has no record of any rapes is that few Okinawan women reported abuse, mostly out of fear and embarrassment. According to an Okinawan police spokesman: "Victimized women feel too ashamed to make it public." Those who did report them are believed by historians to have been ignored by the U.S. military police. Many people wondered why it never came to light after the inevitable American-Japanese babies the many women must have given birth to. In interviews, historians and Okinawan elders said that some of those Okinawan women who were raped and did not commit suicide did give birth to biracial children, but that many of them were immediately killed or left behind out of shame, disgust or fearful trauma. More often, however, rape victims underwent crude abortions with the help of village midwives. A large scale effort to determine the possible extent of these crimes has never been conducted. Over five decades after the war had ended, in the late-1990s, the women who were believed to have been raped still overwhelmingly refused to give public statements, instead speaking through relatives and a number of historians and scholars.
There is substantial evidence that the U.S. had at least some knowledge of what was going on. Samuel Saxton, a retired captain, explained that the American veterans and witnesses may have intentionally kept the rape a secret, largely out of shame: "It would be unfair for the public to get the impression that we were all a bunch of rapists after we worked so hard to serve our country." Military officials formally denied the mass rapes, and all surviving related veterans refused the New York Times request for an interview. Masaie Ishihara, a sociology professor, supports this: "There is a lot of historical amnesia out there, many people don't want to acknowledge what really happened." Author George Feifer noted in his book Tennozan: The Battle of Okinawa and the Atomic Bomb, that by 1946 there had been fewer than 10 reported cases of rape in Okinawa. He explained it was "partly because of shame and disgrace, partly because Americans were victors and occupiers. In all there were probably thousands of incidents, but the victims' silence kept rape another dirty secret of the campaign."
Some other authors have noted that Japanese civilians "were often surprised at the comparatively humane treatment they received from the American enemy." According to Islands of Discontent: Okinawan Responses to Japanese and American Power by Mark Selden, the Americans "did not pursue a policy of torture, rape, and murder of civilians as Japanese military officials had warned."
In the Laconia massacre, U.S. aircraft attacked Germans rescuing survivors from the sinking British troopship in the Atlantic Ocean. Pilots of a United States Army Air Forces (USAAF) B-24 Liberator bomber, despite knowing the U-boat's location, intentions, and the presence of British seamen, killed dozens of Laconia's survivors with bombs and strafing attacks, forcing U-156 to cast its remaining survivors into the sea and crash dive to avoid being destroyed.
The "Canicattì massacre" involved the killing of Italian civilians by Lieutenant Colonel George Herbert McCaffrey. A confidential inquiry was made, but McCaffrey was never charged with any offense relating to the massacre. He died in 1954. This fact remained virtually unknown in the U.S. until 2005, when Joseph S. Salemi of New York University, whose father witnessed it, reported it.
According to an article in Der Spiegel by Klaus Wiegrefe, many personal memoirs of Allied soldiers have been wilfully ignored by historians until now because they were at odds with the "greatest generation" mythology surrounding World War II. However, this has recently started to change, with books such as The Day of Battle, by Rick Atkinson, in which he describes Allied war crimes in Italy, and D-Day: The Battle for Normandy, by Antony Beevor. Beevor's latest work suggests that Allied war crimes in Normandy were much more extensive "than was previously realized".
Historian Peter Lieb has found that many U.S. and Canadian units were ordered not to take enemy prisoners during the D-Day landings in Normandy. If this view is correct, it may explain the fate of 64 German prisoners (out of the 130 captured) who did not make it to the POW collecting point on Omaha Beach on the day of the landings.
In the aftermath of the 1944 Malmedy massacre, in which 80 American POWs were murdered by their German captors, a written order from the headquarters of the 328th U.S. Army Infantry Regiment, dated 21 December 1944, stated: "No SS troops or paratroopers will be taken prisoner but [rather they] will be shot on sight." Major-General Raymond Hufft (U.S. Army) gave instructions to his troops not to take prisoners when they crossed the Rhine in 1945. "After the war, when he reflected on the war crimes he authorized, he admitted, 'if the Germans had won, I would have been on trial at Nuremberg instead of them.'" Stephen Ambrose related: "I've interviewed well over 1000 combat veterans. Only one of them said he shot a prisoner ... Perhaps as many as one-third of the veterans...however, related incidents in which they saw other GIs shooting unarmed German prisoners who had their hands up."
"Operation Teardrop" involved eight surviving captured crewmen from the sunken German submarine U-546 being tortured by U.S. military personnel. Historian Philip K. Lundeberg has written that the beating and torture of U-546's survivors was a singular atrocity motivated by the interrogators' need to quickly get information on what the U.S. believed were potential missile attacks on the continental U.S. by German submarines.
Among American WWII veterans who admitted to having committed war crimes was former Mafia hitman Frank Sheeran. In interviews with his biographer Charles Brandt, Sheeran recalled his war service with the Thunderbird Division as the time when he first developed a callousness to the taking of human life. By his own admission, Sheeran participated in numerous massacres and summary executions of German POWs, acts which violated the Hague Conventions of 1899 and 1907 and the 1929 Geneva Convention on POWs. In his interviews with Brandt, Sheeran divided such massacres into four different categories.
- 1. Revenge killings in the heat of battle. Sheeran told Brandt that, when a German soldier had just killed his close friends and then tried to surrender, he would often "send him to hell, too." He described often witnessing similar behavior by fellow GIs.
- 2. Orders from unit commanders during a mission. When describing his first murder for organized crime, Sheeran recalled: "It was just like when an officer would tell you to take a couple of German prisoners back behind the line and for you to 'hurry back'. You did what you had to do."
- 3. The Dachau massacre and other reprisal killings of concentration camp guards and trustee inmates.
- 4. Calculated attempts to dehumanize and degrade German POWs. While Sheeran's unit was climbing the Harz Mountains, they came upon a Wehrmacht mule train carrying food and drink up the mountainside. The female cooks were first allowed to leave unmolested, then Sheeran and his fellow GI's "ate what we wanted and soiled the rest with our waste." Then the Wehrmacht mule drivers were given shovels and ordered to "dig their own shallow graves." Sheeran later joked that they did so without complaint, likely hoping that he and his buddies would change their minds. But the mule drivers were shot and buried in the holes they had dug. Sheeran explained that by then, "I had no hesitation in doing what I had to do."
Secret wartime files made public only in 2006 reveal that American GIs committed 400 sexual offenses in Europe, including 126 rapes in England, between 1942 and 1945. A study by Robert J. Lilly estimates that a total of 14,000 civilian women in England, France and Germany were raped by American GIs during World War II. It is estimated that there were around 3,500 rapes by American servicemen in France between June 1944 and the end of the war and one historian has claimed that sexual violence against women in liberated France was common.
No Gun Ri Massacre
The No Gun Ri massacre refers to an incident of mass killing of an undetermined number of South Korean refugees by U.S. soldiers of the 7th Cavalry Regiment (and in a U.S. air attack) between 26–29 July 1950 at a railroad bridge near the village of Nogeun-ri, 100 miles (160 km) southeast of Seoul. In 2005, the South Korean government certified the names of 163 dead or missing (mostly women, children, and old men) and 55 wounded. It said that many other victims' names were not reported. The South Korean government-funded No Gun Ri Peace Foundation estimated in 2011 that 250–300 were killed. Over the years survivors' estimates of the dead have ranged from 300 to 500. This episode early in the Korean War gained widespread attention when the Associated Press (AP) published a series of articles in 1999 that subsequently won a Pulitzer Prize for Investigative Reporting.
The Vietnam War Crimes Working Group Files is a collection of (formerly secret) documents compiled by Pentagon investigators in the early 1970s, confirming that atrocities by U.S. forces during the Vietnam War were more extensive than had been officially acknowledged. The documents are housed by the United States National Archives and Records Administration, and detail 320 alleged incidents that were substantiated by United States Army investigators (not including the 1968 My Lai Massacre). (See also Winter Soldier Investigation).
My Lai Massacre
The My Lai Massacre was the mass murder of 347 to 504 unarmed citizens in South Vietnam, almost entirely civilians, most of them women and children, conducted by U.S. soldiers from the Company C of the 1st Battalion, 20th Infantry Regiment, 11th Brigade of the 23rd (Americal) Infantry Division, on 16 March 1968. Some of the victims were raped, beaten, tortured, or maimed, and some of the bodies were found mutilated. The massacre took place in the hamlets of Mỹ Lai and My Khe of Sơn Mỹ village during the Vietnam War. Of the 26 U.S. soldiers initially charged with criminal offenses or war crimes for actions at My Lai, only William Calley was convicted. Initially sentenced to life in prison, Calley had his sentence reduced to ten years, then was released after only three and a half years under house arrest. The incident prompted widespread outrage around the world, and reduced U.S. domestic support for the Vietnam War. Three American Servicemen (Hugh Thompson, Jr., Glenn Andreotta, and Lawrence Colburn), who made an effort to halt the massacre and protect the wounded, were sharply criticized by U.S. Congressmen, and received hate mail, death threats, and mutilated animals on their doorsteps. Thirty years after the event their efforts were honored.
Following the massacre a Pentagon task force called the Vietnam War Crimes Working Group (VWCWG) investigated alleged atrocities by U.S. troops against South Vietnamese civilians and created a secret archive of some 9,000 pages documenting 320 alleged incidents from 1967-1971 including 7 massacres in which at least 137 civilians died; 78 additional attacks targeting noncombatants in which at least 57 were killed, 56 wounded and 15 sexually assaulted; and 141 incidents of U.S. soldiers torturing civilian detainees or prisoners of war. 203 U.S. personnel were charged with crimes, 57 were court-martialed and 23 were convicted. The VWCWG also investigated over 500 additional alleged atrocities but could not verify them.
At a 1992 symposium at Albany Law School, international law professor Francis Boyle argued that the Coalition air campaign during the Gulf War fit the definition of genocide due to alleged indiscriminate targeting of civilians and non-military infrastructure.
Highway of Death
During the American led coalition offensive in the Gulf War, American, Canadian, British and French aircraft and ground forces attacked retreating Iraqi military personnel and fleeing civilian convoys attempting to head towards Baghdad on the night of February 26–27, 1991, resulting in the destruction of thousands of vehicles and 200 to 1,000+ deaths.
Additionally, journalist Seymour Hersh, citing American witnesses, alleged that a platoon of U.S. Bradley Fighting Vehicles from the 1st Brigade, 24th Infantry Division opened fire on a large group of more than 350 disarmed Iraqi soldiers who had surrendered at a makeshift military checkpoint after fleeing the devastation on Highway 8.
War on Terror
In the aftermath of the September 11, 2001 attacks, the U.S. Government adopted several new measures in the classification and treatment of prisoners captured in the War on Terror, including applying the status of unlawful combatant to some prisoners, conducting extraordinary renditions, and using torture ("enhanced interrogation techniques"). Human Rights Watch and others described the measures as being illegal under the Geneva Conventions.
A presidential memorandum of February 7, 2002, authorized U.S. interrogators of prisoners captured during the War in Afghanistan to deny the prisoners basic protections required by the Geneva Conventions, and thus according to Jordan J. Paust, professor of law and formerly a member of the faculty of the Judge Advocate General's School, "necessarily authorized and ordered violations of the Geneva Conventions, which are war crimes." Based on the president's memorandum, U.S. personnel carried out cruel and inhumane treatment on captured enemy fighters, which necessarily means that the president's memorandum was a plan to violate the Geneva Convention, and such a plan constitutes a war crime under the Geneva Conventions, according to Professor Paust.
U.S. Attorney General Alberto Gonzales and others have argued that detainees should be considered "unlawful combatants" and as such not be protected by the Geneva Conventions in multiple memoranda regarding these perceived legal gray areas.
Gonzales' statement that denying coverage under the Geneva Conventions "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act" suggests, to some authors, an awareness by those involved in crafting policies in this area that U.S. officials are involved in acts that could be seen to be war crimes. The U.S. Supreme Court challenged the premise on which this argument is based in Hamdan v. Rumsfeld, in which it ruled that Common Article Three of the Geneva Conventions applies to detainees in Guantanamo Bay and that the military tribunals used to try these suspects were in violation of U.S. and international law.
Human Rights Watch claimed in 2005 that the principle of "command responsibility" could make high-ranking officials within the Bush administration guilty of the numerous war crimes committed during the War on Terror, either with their knowledge or by persons under their control. On April 14, 2006, Human Rights Watch said that Secretary Donald Rumsfeld could be criminally liable for his alleged involvement in the abuse of Mohammed al-Qahtani. On November 14, 2006, invoking universal jurisdiction, legal proceedings were started in Germany – for their alleged involvement of prisoner abuse – against Donald Rumsfeld, Alberto Gonzales, John Yoo, George Tenet and others.
The Military Commissions Act of 2006 is seen by some as an amnesty law for crimes committed in the War on Terror by retroactively rewriting the War Crimes Act and by abolishing habeas corpus, effectively making it impossible for detainees to challenge crimes committed against them.
Luis Moreno-Ocampo told The Sunday Telegraph in 2007 that he was willing to start an inquiry by the International Criminal Court (ICC), and possibly a trial, for war crimes committed in Iraq involving British Prime Minister Tony Blair and American President George W. Bush. Though under the Rome Statute, the ICC has no jurisdiction over Bush, since the U.S. is not a State Party to the relevant treaty—unless Bush were accused of crimes inside a State Party, or the UN Security Council (where the U.S. has a veto) requested an investigation. However, Blair does fall under ICC jurisdiction as Britain is a State Party.
Shortly before the end of President Bush's second term in 2009, newsmedia in countries other than the U.S. began publishing the views of those who believe that under the United Nations Convention Against Torture, the U.S. is obligated to hold those responsible for prisoner abuse to account under criminal law. One proponent of this view was the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (Professor Manfred Nowak) who, on January 20, 2009, remarked on German television that former president George W. Bush had lost his head of state immunity and under international law the U.S. would now be mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture. Law professor Dietmar Herz explained Nowak's comments by opining that under U.S. and international law former President Bush is criminally responsible for adopting torture as an interrogation tool.
- Command responsibility
- United States and the International Criminal Court
- American Service-Members' Protection Act
- Sexual assault in the United States military
- Torture and the United States
- Human rights in the United States
- United States and state-sponsored terrorism
- United States and state terrorism
- Vietnam War Crimes Working Group Files
- Operation Speedy Express
- Operation Menu
- Phoenix Program
- Tiger Force
- Russell Tribunal
War on Terror (2001–2006 period)
- Senate Intelligence Committee report on CIA torture (December 2014 release)
- Enhanced interrogation techniques
- Drone strike of Anwar al-Awlaki
- Abu Ghraib torture and prisoner abuse
- Mahmudiyah killings
- Haditha killings
- John E. Hatley
- Hamdania incident
- The International Criminal Court and the 2003 invasion of Iraq
- FACT SHEET: United States Policy on the International Criminal Court This article incorporates public domain material from websites or documents of the United States Department of State.
- United States and the International Criminal Court
- 148 CONG. REC. S3946 - THE BUSH ADMINISTRATION DECISION TO UNSIGN THE ROME STATUTE This article incorporates public domain material from websites or documents of the U.S. Government Publishing Office.
- Solis, Gary (2010). The Law of Armed Conflict: International Humanitarian Law in War (1st ed.). Cambridge University Press. pp. 301–302. ISBN 978-052187-088-7.
- Fourth Geneva Convention, Article 2
- Fourth Geneva Convention, Article 6
- "President Retires Gen. Jacob H. Smith" (PDF). The New York Times. 1902-07-17. Retrieved 2008-03-30.
- Melshen, Paul. "Littleton Waller Tazewell Waller". Archived from the original on 21 April 2008. Retrieved 2008-03-30.
- Miller, Stuart Creighton (1982). Benevolent Assimilation: The American Conquest of the Philippines, 1899–1903. ISBN 9780300161939. Retrieved 2013-11-20.
- Nebrida, Victor. "The Balangiga Massacre: Getting Even". Archived from the original on 2008-04-02. Retrieved 2008-03-29.
- Dumindin, Arnaldo. "Philippine-American War, 1899–1902". Retrieved 2008-03-30.
- Karnow, Stanley. "Two Nations". Retrieved 2008-03-31.
- The statement from Scott comes from: Gedacht, Joshua. "Mohammedan Religion Made It Necessary to Fire:" Massacres on the American Imperial Frontier from South Dakota to the Southern Philippines". In Colonial Crucible: Empire in the Making of the Modern American State. Edited by Alfred W. McCoy and Francisco A. Scarano. Madison, WI: University of Wisconsin Press, 2009, pp. 397-409. Information on the use of craters as sites of refuge during Spanish attacks can be found in: Warren, James Francis. The Sulu Zone, 1768-1898: The Dynamics of External Trade, Slavery, and Ethnicity in the Transformation of a Southeast Asian Maritime State, 2nd ed. Singapore: NUS Press, 2007.
- Hurley, Vic; Harris, Christopher L. (October 2010). Swish of the Kris, the Story of the Moros. ISBN 9780615382425.
- Mark Twain (17 November 2013). Delphi Complete Works of Mark Twain (Illustrated). Delphi Classics. p. 3819. ISBN 978-1-908909-12-1.
- Mark Twain (17 November 2013). Delphi Complete Works of Mark Twain (Illustrated). Delphi Classics. pp. 3777–. ISBN 978-1-908909-12-1.
- Twain, Mark (2017-07-22). Comments on the Moro Massacre. ISBN 9788026878148.
- Cite error: The named reference
bakbakan1was invoked but never defined (see the help page).
- Lane 1978, p. 129
- Jones, Gregg (2013). Honor in the Dust: Theodore Roosevelt, War in the Philippines, and the Rise and Fall of America's Imperial Dream. New American Library. pp. 353–354, 420. ISBN 978-0-451-23918-1.
- Cite error: The named reference
:0was invoked but never defined (see the help page).
- Jones, Gregg (2013). Honor in the Dust: Theodore Roosevelt, War in the Philippines, and the Rise and Fall of America's Imperial Dream. New American Library. pp. 353–354, 420. ISBN 978-0-451-23918-1.
- Cite error: The named reference
hagedorn1931p64was invoked but never defined (see the help page).
- "US War Crimes in the Phillipines". World Future Fund. World Future Fund. Retrieved 23 December 2019.
- Lichauco and Storey, The Conquest of the Philippines by the United States, 1898-1925, p. 120.
- Richard Rubin (2013), The Last of the Doughboys: The Forgotten Generation and their Forgotten World War, page 349.
- Lockwood, Charles (1951). Sink 'em All. Bataam Books. ISBN 978-0-553-23919-5.
- O'Kane, Richard (1987). Wahoo: The Patrols of America's Most Famous WWII Submarine. Presidio Press. ISBN 978-0-89141-301-1.
- Blair, Clay (2001). Silent Victory. ISBN 978-1-55750-217-9.
- Holwitt 2005, p. 288; DeRose 2000, pp. 287–288.
- Holwitt 2005, p. 289; DeRose 2000, pp. 77, 94.
- Gillison, Douglas (1962). Royal Australian Air Force 1939–1942. Canberra: Australian War Memorial.
- johnston, mark (2011). Whispering Death: Australian Airmen in the Pacific War. Crows Nest, New South Wales: Allen & Unwin. ISBN 978-1-74175-901-3.
- Ben Fenton, "American troops 'murdered Japanese PoWs'" (Daily Telegraph (UK), 06/08/2005), accessed 26/05/2007.
- John W. Dower, 1986, War Without Mercy, p.69.
- Ben Fenton, "American troops 'murdered Japanese PoWs'" (Daily Telegraph (UK), 06/08/2005), accessed 26/05/2007
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): 148–192
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.150
- Ferguson 2004, p.181
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.176.
- Ulrich Straus, The Anguish Of Surrender: Japanese POWs of World War II (excerpts) (Seattle: University of Washington Press), 2003 ISBN 978-0-295-98336-3, p.116
- Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907
- Ulrich Straus, The Anguish Of Surrender: Japanese POWs of World War II (excerpts) (Seattle: University of Washington Press, 2003 ISBN 978-0-295-98336-3, p.117
- James J. Weingartner, "Trophies of War: U.S. Troops and the Mutilation of Japanese War Dead, 1941–1945" Pacific Historical Review (1992) p. 55
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.182
- Schrijvers, Peter (2002). The GI War Against Japan. New York: New York University Press. p. 212. ISBN 978-0-8147-9816-4.
- Tanaka, Toshiyuki. Japan's Comfort Women: Sexual Slavery and Prostitution During World War II, Routledge, 2003, p.111. ISBN 0-203-30275-3
- Sims, Calvin (1 June 2000). "3 Dead Marines and a Secret of Wartime Okinawa". New York Times. Nago, Japan. Retrieved 6 April 2015.
Still, the villagers' tale of a dark, long-kept secret has refocused attention on what historians say is one of the most widely ignored crimes of the war, the widespread rape of Okinawan women by American servicemen.
- Sims, Calvin (1 June 2000). "3 Dead Marines and a Secret of Wartime Okinawa". New York Times. Nago, Japan. Retrieved 6 April 2015.
- Feifer, George (1992). Tennozan: The Battle of Okinawa and the Atomic Bomb. Michigan: Ticknor & Fields. ISBN 9780395599242.
- Molasky, Michael S. (1999). The American Occupation of Japan and Okinawa: Literature and Memory. p. 16. ISBN 978-0-415-19194-4.
- Molasky, Michael S.; Rabson, Steve (2000). Southern Exposure: Modern Japanese Literature from Okinawa. p. 22. ISBN 978-0-8248-2300-9.
- Sheehan, Susan D; Elizabeth, Laura; Selden, Hein Mark. "Islands of Discontent: Okinawan Responses to Japanese and American Power": 18. Cite journal requires
- Giovanni Bartolone, Le altre stragi: Le stragi alleate e tedesche nella Sicilia del 1943–1944
- Weingartner, James J. A Peculiar Crusadee: Willis M. Everett and the Malmedy massacre, NYU Press, 2000, p. 118. ISBN 0-8147-9366-5
- James J. Weingartner, "Massacre at Biscari: Patton and an American War Crime", Historian, Volume 52 Issue 1, Pages 24–39, 23 Aug 2007
- The Horror of D-Day: A New Openness to Discussing Allied War Crimes in WWII, Spiegel Online, 05/04/2010, (part 2), accessed 2010-07-08
- The Horror of D-Day: A New Openness to Discussing Allied War Crimes in WWII, Spiegel Online, 05/04/2010, (part 1), accessed 2010-07-08
- Bradley A. Thayer, Darwin and international relations p.186
- Bradley A. Thayer, Darwin and international relations p.189
- Bradley A. Thayer, Darwin and international relations p.190
- Lundeberg, Philip K. (1994). "Operation Teardrop Revisited". In Runyan, Timothy J.; Copes, Jan M (eds.). To Die Gallantly: The Battle of the Atlantic. Boulder: Westview Press. ISBN 978-0-8133-8815-1., pp. 221–226; Blair, Clay (1998). Hitler's U-Boat War. The Hunted, 1942–1945 (Modern Library ed.). New York: Random House. ISBN 978-0-679-64033-2., p. 687.
- Albert Panebianco (ed). Dachau its liberation 57th Infantry Association, Felix L. Sparks, Secretary 15 June 1989. (backup site)
- Brandt (2004), , I Heard You Paint Houses, p. 50
- Brandt (2004), p. 84.
- Brandt (2004), p. 52.
- Brandt (2004), p. 51.
- David Wilson (27 March 2007). "The secret war". The Guardian. London. Retrieved 22 November 2008.
- Lilly, Robert J. (2007). Taken by Force: Rape and American GIs in Europe During World War II. Palgrave Macmillan. ISBN 978-0-230-50647-3.
- Morrow, John H. (October 2008). "Taken by Force: Rape and American GIs in Europe during World War II By J. Robert Lilly". The Journal of Military History. 72 (4): 1324. doi:10.1353/jmh.0.0151.
- Schofield, Hugh (5 June 2009). "Revisionists challenge D-Day story". BBC News. Retrieved 6 January 2010.
- Committee for the Review and Restoration of Honor for the No Gun Ri Victims (2009). No Gun Ri Incident Victim Review Report. Seoul: Government of the Republic of Korea. pp. 247–249, 328, 278. ISBN 978-89-957925-1-3.
- Lee, B-C (2012-10-15). "No Gun Ri Foundation held special law seminar". Newsis (online news agency) (in Korean). Retrieved 2020-02-18.
- "War's hidden chapter: Ex-GIs tell of killing Korean refugees". The Associated Press. September 29, 1999.
- Kill Anything That Moves : U.s. War Crimes And Atrocities In Vietnam, 1965-1973[permanent dead link], a doctoral dissertation, by Nick Turse, Columbia University 2005
- Nick Turse, “A My Lai a Month: How the US Fought the Vietnam War”, The Asia-Pacific Journal, Vol. 47-6-08, November 21, 2008
- Summary report from the report of General Peers Archived 2000-01-25 at the Wayback Machine.
- Department of the Army. Report of the Department of the Army Review of the Preliminary Investigations into the My Lai Incident (The Peers Report Archived 2008-11-15 at the Wayback Machine), Volumes I-III (1970).
- "Moral Courage In Combat: The My Lai Story" (PDF). USNA Lecture. 2003.
- My Lai Pilot Hugh Thompson
- Nick Turse; Deborah Nelson (6 August 2006). "Civilian Killings Went Unpunished". Los Angeles Times. Retrieved 28 October 2019.
- Deborah Nelson (14 August 2006). "Vietnam, The War Crimes Files". Los Angeles Times. Retrieved 1 November 2019.
- Monday; December 2018, 3; Boyle, 10:55 am Article: Prof Francis A. "United States War Crimes During the First Persian Gulf War | Scoop News". www.scoop.co.nz. Retrieved 2019-02-04.
- JENSEN, ROBERT (2000-05-22). "The Gulf War Brought Out the Worst in Us". Los Angeles Times. ISSN 0458-3035. Retrieved 2019-02-04.
- Prisoner abuse
- Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan Archived October 2, 2006, at the Wayback Machine by Human Rights First
- Command Responsibility? Archived 2009-09-10 at the Wayback Machine by Jeremy Brecher and Brendan Smith,Published by Foreign Policy In Focus (FPIF), a joint project of the International Relations Center (IRC, online at www.irc-online.org) and the Institute for Policy Studies (IPS, online at www.ips-dc.org), January 10, 2006
- Abu Ghraib is a Command Responsibility By Ray McGovern Former CIA analyst, CounterPunch, October 1 / 2, 2005
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, p. 828 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf Archived 2006-09-21 at the Wayback Machine
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, p. 845 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf Archived 2006-09-21 at the Wayback Machine
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, p. 861 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf Archived 2006-09-21 at the Wayback Machine
- Parsing pain Archived March 7, 2008, at the Wayback Machine By Walter Shapiro, Salon
- War Crimes warnings
- Torture and Accountability by Elizabeth Holtzman article in The Nation posted June 28, 2005 (July 18, 2005 issue) about The Geneva Convention
- Former NY Congress member Holtzman Calls For President Bush and His Senior Staff To Be Held Accountable for Abu Ghraib Torture Archived 2007-11-14 at the Wayback Machine Thursday, June 30, 2005 on Democracy Now
- Memos Reveal War Crimes Warnings By Michael Isikoff Newsweek May 19, 2004
- US Lawyers Warn Bush on War Crimes Global Policy Forum January 28, 2003
- The Gitmo Fallout: The fight over the Hamdan ruling heats up—as fears about its reach escalate. Archived May 12, 2007, at the Wayback Machine By Michael Isikoff and Stuart Taylor Jr., Newsweek, July 17, 2006
- Getting Away with Torture? Command Responsibility for the U.S. Abuse of Detainees Human Rights Watch, April 2005 Vol. 17, No. 1
- U.S.: Rumsfeld Potentially Liable for Torture Defense Secretary Allegedly Involved in Abusive Interrogation Human Rights Watch, April 14, 2006
- Universal jurisdiction
- Charges Sought Against Rumsfeld Over Prison Abuse By ADAM ZAGORIN, Time
- War Crimes Suit Prepared against Rumsfeld Archived 2007-11-14 at the Wayback Machine Democracy Now, November 9th, 2006
- War Criminals, Beware Archived 2006-11-20 at the Wayback Machine by Jeremy Brecher and Brendan Smith, The Nation, November 3, 2006
- Pushing Back on Detainee Act by Michael Ratner is president of the Center for Constitutional Rights, The Nation, October 4, 2006
- Military Commissions Act of 2006
- Why The Military Commissions Act is No Moderate Compromise By MICHAEL C. DORF, FindLaw, Oct. 11, 2006
- The CIA, the MCA, and Detainee Abuse By JOANNE MARINER, FindLaw, November 8, 2006
- Europe's Investigations of the CIA's Crimes By JOANNE MARINER, FindLaw, February 20, 2007
- Nat Hentoff (December 8, 2006). "Bush's War Crimes Cover-up". Village Voice. Archived from the original on June 17, 2008. Retrieved April 2, 2007.
- Court 'can envisage' Blair prosecution By Gethin Chamberlain, Sunday Telegraph, March 17, 2007
- Coalition for the International Criminal Court, 18 July 2008. "States Parties to the Rome Statute of the ICC" (PDF).. Accessed 12 November 2010.
- Other countries may start prosewcution
- Overseas, Expectations Build for Torture Prosecutions By Scott Horton, No Comment, January 19, 2009
- Die leere Anklagebank – Heikles juristisches Erbe: Der künftige US-Präsident Barack Obama muss über eine Strafverfolgung seiner Vorgänger entscheiden. Mögliche Angeklagte sind George W. Bush und Donald Rumsfeld. Archived 2009-02-25 at the Wayback Machine
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calls for prosecution
- UN torture investigator calls on Obama to charge Bush for Guantanamo abuses Ximena Marinero, JURIST, January 21, 2009
- UN Rapporteur: Initiate criminal proceedings against Bush and Rumsfeld now By Scott Horton, No Comment, January 21, 2009
- Jeremy Brecher; Jill Cutler; Brendan Smith, eds. (2005). In the name of democracy: American war crimes in Iraq and beyond. Macmillan. ISBN 978-0-8050-7969-2.
- Michael Haas (2008). George W. Bush, war criminal?: the Bush administration's liability for 269 war crimes. ABC-CLIO. ISBN 978-0-313-36499-0.
- Jordan J. Paust (2007). Beyond the law: the Bush Administration's unlawful responses in the "War" on Terror. Cambridge University Press. ISBN 978-0-521-71120-3.
- Mark Selden; Alvin Y. So, eds. (2004). War and state terrorism: the United States, Japan, and the Asia-Pacific in the long twentieth century. Rowman & Littlefield. ISBN 978-0-7425-2391-3.
- Frederick Henry Gareau (2004). State terrorism and the United States: from counterinsurgency to the war on terrorism. Zed Books. ISBN 978-1-84277-535-6.
- Vincent Bugliosi (2008). The Prosecution of George W. Bush for Murder. Vanguard. ISBN 978-1-59315-481-3.
- "Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality" (PDF). Physicians for Human Rights / Human Rights First. August 2007.
- Richard A. Falk; Irene L. Gendzier; Robert Jay Lifton, eds. (2006). Crimes of war: Iraq. Nation Books. ISBN 978-1-56025-803-2.
- Ramsey Clark (1992). War crimes: a report on United States war crimes against Iraq. Maisonneuve Press. ISBN 978-0-944624-15-9.
- Nafeez Mosaddeq Ahmed (2003). Behind the war on terror: western secret strategy and the struggle for Iraq. New Society Publishers. p. 86. ISBN 978-0-86571-506-6.
- Marjorie Cohn (November 9, 2006). "Donald Rumsfeld: The War Crimes Case". The Jurist.
- Ulrike Demmer (2007-03-26). "Wanted For War Crimes: Rumsfeld Lawsuit Embarrasses German Authorities". Der Spiegel.
- Patrick Donahue (2007-04-27). "German Prosecutor Won't Set Rumsfeld Probe Following Complaint". Bloomberg L.P.
- Greiner, Bernd; Anne Wyburd (2009). War Without Fronts: The USA in Vietnam. New Haven, Conn: Yale University Press. ISBN 978-0-300-15451-1.
- Deborah Nelson (2008). The war behind me: Vietnam veterans confront the truth about U.S. war crimes. Basic Books. ISBN 978-0-465-00527-7.
- Nick Turse (2013). Kill Anything That Moves: The Real American War in Vietnam. New York: Metropolitan Books. ISBN 978-0-8050-8691-1.