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Recent
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April
3, 2003
Uri
Avnery
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the Theater of Operations
David
Vest
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David
Lindorff
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2, 2003
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Blum
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Jemima
Khan
I'm Ashamed to be British
Steve
Perry
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Stew Albert
Total War
Website
of the Day
Traitor List: Sign Up Now!
April
1, 2003
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Arrogant Propaganda
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March
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April 5,
2003
War
Means (Almost) Never Having to Say You're Sorry
Civilian
Deaths and Official Apologies
By JOANNE MARINER
It may reflect a purely humanitarian concern for
civilian life, or perhaps a more calculated apprehension of what
commentators have dubbed the "al-Jazeera effect" -
the fact that images of civilian death and suffering in Iraq
will further inflame an already angry Muslim world. Whether for
altruistic or strategic reasons, or a combination of both, President
George W. Bush has repeatedly promised that U.S. military forces
will take all necessary steps to minimize the number of civilian
casualties in the Iraq war.
"I want Americans and all the world
to know," Bush declared in a radio address on Saturday,
that U.S. and allied forces "will make every effort to spare
innocent civilians from harm."
But President Bush and his top military
brass have also acknowledged that civilian deaths are inevitable.
Baghdad, currently under heavy bombardment, is a city of some
five million people. Even with careful reliance on precision-guided
weapons, any mistakes made during the on-going "shock and
awe" bombing campaign could be horrifyingly lethal.
Questioned about possible civilian deaths
not long before the start of hostilities in Iraq, White House
spokesman Ari Fleischer explained that they are an inevitable
consequence of war. But, he affirmed, "The President will
regret any action that is taken that does lead to loss of innocent
life."
Fleischer's note of sympathetic regret
is worth examining, for it is a telling and accurate indicator
of the U.S. government's approach to civilian deaths during armed
conflict. Unquestionably, the government would prefer to minimize
the number of civilians killed during wartime. It has even instituted
certain preventive measures to help achieve this end. But when
civilian casualties do occur, the government rarely accepts responsibility
for them in any meaningful way.
Judging by past practice, the families
of civilians killed in Iraq should not expect official apologies,
or compensation, or justice. Nor should they imagine that the
U.S. government will expend significant effort investigating
why and how their relatives died, or conducting a systematic
assessment of how to prevent such deaths in the future.
The U.S. Record on
Official Apologies
Official apologies can be understood
as the first step on a more extended scale of assuming responsibility
for American errors or wrongs. Beyond apologies lies the possibility
of compensation for the damage caused and, in some instances,
sanctioning of the perpetrator.
But the U.S. government is rarely willing
to take even this first step. Indeed, in past incidents involving
civilian deaths, even extremely high numbers of deaths, the government
has been notably unapologetic.
The bombing of Hiroshima and Nagasaki
is the most glaring example. More than 50 years later, peace
activists persist in their so far unheeded calls for an official
apology and compensation. Nor has the government ever apologized
for any of the atrocities committed by U.S. forces in Vietnam,
including the My Lai massacre, in which hundreds of innocent
civilians were killed.
Just before he left office, President
William J. Clinton did express regret about a massacre committed
during the Korean War at the village of No Gun Ri, in which U.S.
troops fired on civilians who were hiding under a railroad bridge,
killing a large but unknown number. "I deeply regret that
Korean civilians lost their lives at No Gun Ri," Clinton
said.
But the wording of Clinton's statement
was telling. Expressions of regret, in international currency,
are not entirely equivalent to apologies. While they indicate
sorrow that an incident occurred, they lack the acceptance of
responsibility implicit in a full apology. Unsurprisingly, South
Korean groups have continued to press the U.S. government to
assume responsibility and provide compensation for No Gun Ri
and other wartime incidents.
Besides the precise wording of an apology,
the form in which it is made is also viewed as meaningful. Formal
written apologies, preferably hand-delivered by a personal envoy
of the head of state, carry much more weight than informal, verbal
expressions of repentance. Squabbles over such differences, in
addition to intense attention to wording, have been much in evidence
during the acrimonious debate over Japanese apologies for crimes
committed against Koreans and Chinese during the Second World
War.
Some Civilians Count
More Than Others
Were one to judge by recent experience,
one might conclude that, besides American deaths, the U.S. government
only registers Chinese deaths as truly significant. By a clear
margin, the government's most openly apologetic response to civilian
casualties was with the accidental bombing of the Chinese embassy
in Belgrade, which occurred in May 1999 during the <U.S.-led>
war on Yugoslavia.
The embassy bombing, in which three Chinese
civilians were killed, drew greater official attention than other
far more deadly incidents. Although a total of about 500 civilians
were killed during the conflict in Yugoslavia--indeed, 73 Kosovar
Albanians died in a single incident in April 1999--none of these
deaths merited a reaction remotely comparable to that of the
embassy bombing.
President Clinton personally apologized
for the embassy bombing just days after it happened, and this
time, for once, his wording was unequivocal: "I want to
say to the Chinese people and to the leaders of China, I apologize."
Members of Congress, too, immediately introduced a concurrent
resolution expressing Congress's "regret and apologies"
for the bombing, and extending its "deepest sympathies and
condolences to the Chinese Government, citizens, and families
of the bombing's victims."
A U.S. spy plane's collision with a Chinese
plane, although it did not happen during a military hostilities,
provides a more recent example of U.S. willingness to apologize
when good relations with China are at risk. In April 2001, after
a U.S. aircraft collided with a Chinese fighter plane, resulting
in the pilot's death, the U.S. Ambassador to China delivered
a personal letter of apology to the Chinese authorities.
"Both President Bush and Secretary
of State Powell have expressed their sincere regret over your
missing pilot and aircraft," the letter said. "Please
convey to the Chinese people and to the family of pilot Wang
Wei that we are very sorry for their loss .... We are very sorry
the entering of China's airspace and the landing did not have
verbal clearance."
No Chinese were killed during the <U.S.-led>
war in Afghanistan, but plenty of Afghans were. According to
a survey carried out by Global Exchange, an international human
rights group, at least 824 Afghan civilians were killed during
the <U.S.-led> bombing campaign between October 7, 2001,
and the end of January 2002. (The researchers emphasized that
their survey is far from comprehensive - it covered only ten
of Afghanistan's thirty-two provinces - and that the actual number
of deaths is higher.)
One of the bloodiest single incidents
of the war, in fact, may have occurred in mid-2002, after the
study ended, and as U.S. military operations in the country were
winding down. On July 1, approximately 48 civilians, including
a number of children, were killed an air assault on a wedding
party in the southern province of Kakarak. Nor have civilian
deaths in Afghanistan come to an end. Most recently, in February
2003, Afghan authorities reported that at least seventeen civilians
were killed in American bombing raids in the Baghran valley,
a remote area of southern Afghanistan.
None of these incidents resulted in a
full presidential apology, although President Bush did say that
he called Afghan President Hamid Karzai on the telephone after
the mistaken attack in July. His statement of remorse, if you
can call it that, was studiously bland. "Any time innocent
life is lost," Bush told Karzai, "we're sad."
Deputy Defense Secretary Paul Wolfowitz's
stab at apologizing was equally feeble. While stating that he
regretted the loss of civilian life, he added that "bad
things happen in combat zones," and the United States had
"no regrets about going after bad guys."
Compensation and Prosecution
With apologies for the killing of civilians
being scarce, it is unsurprising that compensation for such killings
is even scarcer, and the criminal prosecution of the perpetrators
is scarce still.
The 1999 Chinese embassy bombing, always
the exception, resulted in substantial U.S. compensation both
for the damage to the building and the loss of life. But other
than this incident, compensation has been extremely rare.
While it is believed that the CIA gave
$1,000 cash to family members of Afghans killed in a mistaken
attack that took place in January 2002, the war's other mistaken
killings went uncompensated. Global Exchange, the organization
that conducted the study of Afghan civilian deaths, has been
pressing the U.S. government to compensate Afghans in the amount
of $10,000 per family, but so far its appeal has been unsuccessful.
Even the most negligent killings almost
never lead to the successful criminal prosecution of responsible
members of the military. A review of incidents that resulted
in large numbers of civilian deaths shows that charges rarely
reach the court-martial stage. When they do, moreover, the defendants
are nearly always acquitted.
Lessons Not Learned
While civilian casualties may be an inescapable
fact of war, it is apparently not one that the Pentagon has any
real interest in examining. As former deputy assistant secretary
of defense Sarah Sewall pointed out in an Op Ed recently published
in The New York Times, the Department of Defense has never undertaken
a systemic evaluation of its record in preventing civilian casualties.
Indeed, the military does not even officially tabulate the numbers
of civilians killed in each war.
This studied official ignorance belies
official expressions of concern. And the government's failure
to take responsibility for the damage it wreaks on civilian lives
is equally disappointing.
Consider the words of an Afghan man who
lost much of his family to American bombs. As he told The Los
Angeles Times last year: "We thought the Americans were
good people. But they just drop their bombs and leave. They don't
explain. They don't apologize. They don't even offer to pay for
what they did."
Joanne Mariner
is a human rights lawyer based in New York. An earlier version
of this article appeared in FindLaw's Writ. She can be reached
at: mariner@counterpunch.org.
Today's
Features
Uri
Avnery
A Crooked Mirror: Presstitution and
the Theater of Operations
David
Vest
Can You Hear the Silence?
Anthony
Gancarski
Colin Powell Telemarketer
David
Lindorff
Takoma: the Dolphin Who Refused
to Fight
Michael
Roberts
War, Debts and Deficits
Ramzy
Baroud
Now That Iraqis Are Being Killed Is Israel Any More Secure?
Jo Wilding
From Baghdad with Tears
Anton
Antonowicz
Cluster Bombs on Babylon
Alison
Weir
Israel, We Won't Forget Rachel Corrie
Bruce
Jackson
Hating Wolf Blitzer's Voice
Eliot Katz
War's First Week
Steve
Perry
War Web Log 04/03
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