The world's first weblog devoted to military justice and military law issues.

Monday, November 21, 2005

3ID CONFIRMS CIVILIAN CASUALTIES 
Breaking news from Reuters:
U.S. troops opened fire on a crowded minivan north of Baghdad on Monday, fearing a car bomb attack, and killed at least three members of the same family, including a child, the U.S. military and survivors said.

The U.S. army's 3rd Infantry Division confirmed the incident, saying its troops had opened fire after first trying to wave the minivan to a stop and then firing warning shots.

"This is a tragedy," said Major Steve Warren, a spokesman for U.S. forces in Baquba, near where the shooting occurred.

"But these tragedies only happen because Zarqawi and his thugs are out there driving around with car bombs," he added, referring to Abu Musab al-Zarqawi, a militant leader in Iraq.

Warren said three people -- two men and a child -- were killed and three were wounded, but the survivors disputed that, saying five members of the family, including two children, were killed and four were wounded.

One of the survivors told Reuters the family was traveling from Balad, a town about 80 km (50 miles) north of Baghdad, to the nearby city of Baquba for a funeral when they were shot at by a U.S. patrol as it approached them on the road.

"As we tried to move over to one side to let them pass, they opened fire," one survivor said. None of them would give their names but said the head of the family was a Mohammed Kamel.

Warren said the incident occurred near a U.S. military forward operating base as vehicles were entering the camp. He said U.S. troops frequently set up impromptu roadblocks in such cases and force all nearby vehicles to come to a halt.

The U.S. military took the minivan away immediately after the incident, Iraqi police and the U.S. army said.

Reuters television footage showed two dead children in a morgue in Baquba and relatives kissing another dead body on a morgue trolley. One child's head appeared to have been been blown off.
NATIONAL NEWSPAPERS - 21 NOV 05 
From the NY Times, Defense of Phosphorus Use Turns Into Damage Control:
On Nov. 8, Italian public television showed a documentary renewing persistent charges that the United States had used white phosphorus rounds, incendiary munitions that the film incorrectly called chemical weapons, against Iraqis in Falluja last year. Many civilians died of burns, the report said.

The half-hour film was riddled with errors and exaggerations, according to United States officials and independent military experts. But the State Department and Pentagon have so bungled their response - making and then withdrawing incorrect statements about what American troops really did when they fought a pitched battle against insurgents in the rebellious city - that the charges have produced dozens of stories in the foreign news media and on Web sites suggesting that the Americans used banned weapons and tried to cover it up.

The Iraqi government has announced an investigation, and a United Nations spokeswoman has expressed concern.

"It's discredited the American military without any basis in fact," said John E. Pike, an expert on weapons who runs GlobalSecurity.org, an independent clearinghouse for military information. He said the "stupidity and incompetence" of official comments had fueled suspicions of a cover-up.

"The story most people around the world have is that the Americans are up to their old tricks - committing atrocities and lying about it," Mr. Pike said. "And that's completely incorrect."
From USA Today, CIA Chief: Methods 'Unique' But Legal:
CIA interrogators use “a variety of unique and innovative ways” to collect “vital” information from prisoners but strictly obey laws against torture, CIA Director Porter Goss said.

In his first interview since the clash this month between the Bush administration and the Republican-controlled Senate on restricting interrogations, Goss said the CIA remains officially neutral on the proposal by Sen. John McCain, R-Ariz., to ban “cruel, inhuman or degrading” treatment of detainees by CIA or military officers. But Goss made clear that techniques that would be restricted under McCain's proposal have yielded valuable intelligence.

“There is a huge amount of misinformation swirling about on the subject of detainees. That would include alleged activities of this agency,” Goss said in an interview Friday in his office at agency headquarters in Northern Virginia.

“This agency does not do torture. Torture does not work,” Goss said. “We use lawful capabilities to collect vital information, and we do it in a variety of unique and innovative ways, all of which are legal and none of which are torture.”

Goss declined to describe interrogation methods exclusive to the CIA. Rep. Duncan Hunter, R-Calif., said the problem with McCain's proposal is that the restriction on “degrading” treatment might bar psychological techniques, such as calling a prisoner a coward or isolating a detainee in a very small room. Hunter, chairman of the House Armed Services Committee, is a close ally of the administration in the interrogation debate.