Parker Yesko writes:

War entails unspeakable violence, much of it entirely legal. And yet some violence is so abhorrent that it falls outside the bounds of law. When the perpetrators are U.S. service members, the American military is supposed to hold them to account. It is also supposed to keep records of wrongdoing in a systematic manner. But the military has failed to do so, leaving the public unable to determine whether the military brings its members to justice for the atrocities they have committed. To remedy this failing, the reporting team of the In the Dark podcast has assembled the largest known collection of investigations of possible war crimes committed in Iraq and Afghanistan since 9/11—nearly eight hundred incidents in all. Much of the time, the reporting concluded, the military delivers neither transparency nor justice.

The database makes it possible, for the first time, to see hundreds of allegations of war crimes—the kinds that stain a nation—in one place, along with the findings of investigations and the results of prosecutions. The picture that emerges is disheartening. The majority of allegations listed in the database were simply dismissed by investigators. Those which weren’t were usually dealt with later, by commanders, in a justice system that can be deferential to defendants and disbelieving of victims.

The database began with In the Dark’s reporting on the killings of civilians in Haditha, Iraq, on November 19, 2005. That morning, a squad of Marines, led by Sergeant Frank Wuterich, was hit by an improvised explosive device, which killed a beloved lance corporal. In the hours that followed, Marines killed men, women, and children on the street and in nearby houses. Four of those Marines, including Wuterich, were charged with murder. Three of their cases were later thrown out, and, when Wuterich went to trial, he was allowed to plead guilty to a single count of negligent dereliction of duty. A judge demoted Wuterich in rank. “Essentially a parking ticket,” Wuterich’s lawyer, Haytham Faraj, said of the sentence. “It’s meaningless.” We wanted to understand how such a large and well-publicized war-crimes prosecution had reached a conclusion of such little consequence. Was this an anomaly or was it typical of the military-justice system? [Continue reading…]