From: The Fog of War Crimes
By Frida Berrigan
" ... “You stop war crimes by coming down on the ranking officer,” says Ian Cuth-bertson, a military historian and senior fellow at the World Policy Institute.
“All armies in all wars at all times have committed war crimes,” he continues. “The question is: Does command authority condone or stop them? You can’t just give an 18-year-old an automatic weapon and tell him, ‘Don’t shoot prisoners in the head.’ You need an officer to rein him in. The officer needs to feel as though his own neck is on the line.”
In the case of Haditha, Marines have not put officers’ necks on the line. Maj. Gen. Richard Huck, who was in charge of Marines in Haditha in 2005, along with his chief of staff Col. Richard Sokoloski and Col. Stephen Davis, who headed the regimental combat team, all received letters of censure from the secretary of the U.S. Navy. The censure did not strip the men of their rank or salary, but they will be barred from future promotions, which could force them out of the Marines. According to Gary Solis, a military law expert and former Marine, censure is the Marine Corps’ most serious administrative sanction.
But, as Cuthbertson points out, the generals are not being censured for letting Haditha happen. They are being punished for not investigating. This is a big difference.
Cuthbertson cites the Allied response to the Malmedy massacre in Belgium as one example of taking war crimes seriously up the chain of command. In 1944, German soldiers killed more than 70 unarmed U.S. prisoners of war. In war crimes trials after Germany was defeated, justice was swift and extended far beyond those who actually pulled triggers. “The commander of the regiment wasn’t there. He was found guilty and sentenced to death,” says Cuthbertson. “The general of the Army wasn’t there. He was found guilty and sentenced to life in prison.” ... "
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