This article is to address the perceived "war crimes" in reference to the United States from the colonial period through modern times. The term "war crimes" is only applicable when there is a trial or accusation in a court of law domestic or international, such as the
International Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .The court came into being on 1 July 2002 — the...
. This is a very debated topic. The perception of war crimes by one person may not be the perception of another. Nevertheless there have been several attempts to define "war crimes".
This article is to address the perceived "war crimes" in reference to the United States from the colonial period through modern times. The term "war crimes" is only applicable when there is a trial or accusation in a court of law domestic or international, such as the
International Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .The court came into being on 1 July 2002 — the...
. This is a very debated topic. The perception of war crimes by one person may not be the perception of another. Nevertheless there have been several attempts to define "war crimes". There are cases of crimes committed and convicted during war, but none by a court system that was trying parties for war crimes specifically.
As of April 2009, 108 states are States Parties to the Rome Statute of the International Criminal Court. Their nationals are liable to prosecution by the court for the violation of any relevant
international criminal lawInternational criminal law is an autonomous branch of law which deals with international crimes and the courts and tribunals set up to adjudicate cases in which persons have incurred international criminal responsibility...
s. Because the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
is not a state party, Americans cannot be prosecuted by the court (except for crimes that take place in the territory of a state that has accepted the court's jurisdiction, or situations that are referred to the court by the
United Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
, where the US has a
vetoA veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation....
).” The relationship between the
United States and the International Criminal CourtPositions in the United States concerning the International Criminal Court vary widely. The position of the United States was set by the former Bush Administration, who made clear its intention to never join the International Criminal Court, which was established in 2002 as a permanent criminal...
includes the following events:
On Dec 31, 2000, the then U.S. President,
Bill ClintonWilliam Jefferson "Bill" Clinton was the 42nd President of the United States from 1993 to 2001. He was the third-youngest president; only Theodore Roosevelt and John F. Kennedy were younger when entering office...
, signed the
Rome Statute of the International Criminal CourtThe Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002...
. At the time of signing President Clinton recommended that the incoming administration not submit the treaty to the U.S. Senate for ratification due to serious reservations about numerous clauses in The Treaty. After the Rome Statute reached the requisite 60 ratifications in 2002, President
George W. BushGeorge Walker Bush was the 43rd President of the United States from 2001 to 2009 and the 46th Governor of Texas from 1995 to 2000....
's Administration sent a note of suspension to the UN Secretary General on May 6, 2002. The note suspended the signature of the US and informed the Secretary General that the US recognized no obligation toward the Rome Statute. In addition, the US stated that its intention not to become a member state be reflected in the UN depositry's list. This is because signatories have an obligation not to undermine the object and purpose of a treaty. The US could engage with the Court by reactivating its signature to the Rome Statute by a letter to the UN Secretary General. A treaty that is not ratified is not legally binding.
Over the years, there have been many accusations of war crimes levied against the United States, including the genocide of the Native Americans, and the atomic bombings of the Japanese cities Hiroshima and Nagasaki. Unfortunately there is no defined process in the United States for addressing war crimes accusations, as the United States does not recognize any international tribunal as having jurisdiction over these matters.
There are some who argue that there never were any incidents committed by the United States in all of its history, and others argue that every act of aggression or war is a "war crime". In the reality of war, warfare, colonialism, and empire, the truth is somewhere in the middle. Not every event of mass killing is a "war crime", but some are. Frequently there is the taint of victors history that prevents the truth from being told about events to avoid shaming those who won a conflict. In many cases there is misdirected
nationalismNationalism is an ideology, a sentiment, a form of culture, or a social movement that focuses on the nation. It is a type of collectivism emphasizing the collective of a specific nation...
that also interferes with the discussion of fact over rhetoric. In truth, every society that engages in warfare has at some time committed an atrocity that rises to the standards of a "war crime". The defining factor appears to be the formal accusation by a court, and a trial following with evidence presented that disspells the pall of rhetoric and creates a factual picture of the actual events.
The United States military may have committed war crimes by modern definitions, either through individual action, or command decision at some time or another throughout its history of warfare, but as there is no international tribunal that can legally sit in judgement of the US, such as the
International Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .The court came into being on 1 July 2002 — the...
, this is a hypothetical discussion.
1902 Lodge Committee investigating Philippine-American war crimes
See 1902 Lodge Committee investigating Philippine-American war crimes
World War II
- During the Canicattì massacre in July 1943, approximately eight unarmed Italian civilians were killed by U.S.
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
troops under the command of General George Patton. The town of CanicattìCanicattì is a comune in the Province of Agrigento in the Italian region Sicily, located about 90 km southeast of Palermo and about 25 km east of Agrigento...
had already surrendered when U.S. troops entered, following heavy German bombardment during their withdrawal.
- Martin Sorge states in his book The Other Price of Hitler's War that "It was in the wake of the Malmedy incident at Chegnogne that on New Year's Day 1945 some 60 German POWs were shot in cold blood by their American guards. The crime went unpunished. It was felt that the basis for their action was orders that no prisoners were to be taken". However, an official history promulgated by the United States government
The federal government of the United States is the central government entity established by the United States Constitution, which shares sovereignty over the United States with the governments of the individual U.S. states. The federal government has three branches: the legislative, executive, and...
states that while "it is probable that Germans who attempted to surrender in the days immediately after the 17th ran a greater risk" of being killed than earlier in the year, even so, "there is no evidence... that American troops took advantage of orders, implicit or explicit, to kill their SS prisoners." (See Chenogne massacreThe Chenogne massacre refers to the alleged war crime committed on New Year's day, January 1, 1945 where several dozen German prisoners of war were killed by American forces near the village of Chenogne , Belgium....
). Documentary filmDocumentary film is a broad category of visual expressions that is based on the attempt, in one fashion or another, to "document" reality. Although "documentary film" originally referred to movies shot on film stock, it has subsequently expanded to include video and digital productions that can...
makers Ken BurnsKenneth Lauren "Ken" Burns is an American director and producer of documentary films known for his style of making use of archival footage and photographs...
and Lynn Novick in their series "The WarThe War is a seven-part American World War II documentary television mini-series that premiered on September 23, 2007. The program was produced by American filmmakers Ken Burns and Lynn Novick and narrated primarily by Keith David.-Content:...
" alleged in episode 6 that 25 unarmed SS soldiers were killed in a Belgian village after they surrendered in the aftermath of the so-called Malmedy massacreThe Malmedy massacre refers to a war crime in which about 90 American prisoners of war were murdered by their German captors. The massacre was committed on December 17, 1944, by Kampfgruppe Peiper , a German combat unit, during the Battle of the Bulge.This massacre, as well as others committed by...
. This killing has been reported by an eyewitnessing American soldier who was asked to be a member of the death squad but declined to do so. Due to the lack of information it is not possible to assess whether this report is a relation of the Chenogne massacreThe Chenogne massacre refers to the alleged war crime committed on New Year's day, January 1, 1945 where several dozen German prisoners of war were killed by American forces near the village of Chenogne , Belgium....
or refers to another one.
- The Dachau massacre
The Dachau massacre took place in the area of Dachau concentration camp, near Dachau, Germany, on April 29, 1945 during World War II. The incident happened following the surrender of Dachau to soldiers of the 45th Infantry Division of the U.S. Seventh Army....
: killing of German prisoners of war and surrendering SS soldiers.
- In the Biscari massacre
The Biscari massacre describes two World War II incidents in which US troops were involved in killing unarmed German and Italian prisoners of war at Biscari in 1943.-Massacre:...
, which consist of two instances of mass murders, U.S. troops of the 45th Infantry Division killed roughly 75 prisoners of war, mostly Italian.
- Richard Dominic Wiggers asserts that American food policy in post-war Germany violated international law by directly and indirectly causing the unnecessary suffering and death, from starvation, of large numbers of civilians and POWs in occupied Germany. The adequate feeding of the German population in occupied Germany was an Allied legal obligation, under international law (Article 43 of The 1907 Hague Rules of Land Warfare).
Vietnam War
The
My Lai MassacreThe My Lai Massacre was the mass murder conducted by a unit of the U.S. Army on March 16, 1968 of 347 to 504 unarmed citizens in South Vietnam, all of whom were civilians and a majority of whom were women, children, and elderly people....
was the
mass murderMass murder is the act of murdering a large number of people, typically over a relatively short period of time. Mass murder may be committed by individuals or organizations. Mass murder is also defined to be intentional and indiscriminate murder of large number of people by government agents...
of 347 to 504 unarmed citizens in South Vietnam, almost entirely
civilianA civilian under international humanitarian law is a person who is not a member of his or her country's armed forces. The term is also often used colloquially to refer to people who are not members of a particular profession or occupation, especially by law enforcement agencies, which often use...
s, most of them women and children, conducted by U.S. Army forces on March 16, 1968. Some of the victims were sexually abused, beaten, tortured, or maimed, and some of the bodies were found mutilated. The massacre took place in the hamlets of
Mỹ LaiSơn Tịnh is a district of Quảng Ngãi Province, in the South Central Coast region of Vietnam, situated to the northeast of the town of Quảng Ngãi.The county has 21 communes :*Thị trấn Sơn Tịnh*Tịnh Long*Tịnh An*Tịnh Châu*Tịnh Thiện*Tịnh Hòa...
and My Khe of Sơn Mỹ village during the
Vietnam WarThe Vietnam War or the Second Indochina War was a Cold War military conflict that occurred in Vietnam, Laos, and Cambodia from 1959 to 30 April 1975...
. Of the 26 US soldiers initially charged with criminal offences for their actions at My Lai, only
William CalleyWilliam Laws Calley is a convicted American war criminal. He was the U.S. Army officer found guilty of ordering the My Lai Massacre on March 16, 1968, during the Vietnam War.-Early life:...
was convicted. He served four and one-half months of his two-year sentence.
The incident prompted widespread outrage around the world. The massacre also reduced U.S. support at home for the Vietnam War. Three U.S. Servicemen (
Hugh Thompson, Jr.Hugh C. Thompson, Jr. was a United States Army helicopter pilot during the Vietnam War. He is chiefly known for his role in curtailing the My Lai Massacre, in which several hundred unarmed civilians were killed by soldiers of the U.S. Army.Born in Atlanta, Georgia, Thompson grew up in rural Stone...
,
Glenn AndreottaGlenn Urban Andreotta was an American helicopter crew chief in the Vietnam War noted for being one of three who intervened in the My Lai Massacre, in which at least 300 unarmed children, women and men were murdered....
and
Lawrence ColburnLawrence Colburn is a United States Army veteran who, while serving as a helicopter gunner in the Vietnam War, earned a place in history for being one of three servicemen who intervened in the March 16, 1968 My Lai Massacre....
) who made an effort to halt the massacre and protect the wounded were sharply criticized by U.S. Congressmen, received hate mail, death threats and mutilated animals on their doorsteps. Only 30 years after the event were their efforts honored.
The
Vietnam War Crimes Working Group FilesThe 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...
is a collection of formerly secret documents compiled by
PentagonThe Pentagon is the headquarters of the United States Department of Defense, located in Arlington, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself....
investigators in the early 1970s, confirming that atrocities by U.S. forces during the
Vietnam WarThe Vietnam War or the Second Indochina War was a Cold War military conflict that occurred in Vietnam, Laos, and Cambodia from 1959 to 30 April 1975...
were more extensive than had been officially acknowledged. The documents are housed by the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
National Archives and Records AdministrationThe United States National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents...
. They detail 320 alleged incidents that were substantiated by
United States ArmyThe United States Army is the branch of the United States Military responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military and is one of seven uniformed services...
investigators — not including the 1968
My Lai MassacreThe My Lai Massacre was the mass murder conducted by a unit of the U.S. Army on March 16, 1968 of 347 to 504 unarmed citizens in South Vietnam, all of whom were civilians and a majority of whom were women, children, and elderly people....
.
See also
- Abu Ghraib torture and prisoner abuse
Beginning in 2004, accounts of physical, psychological, and sexual abuse, including torture, rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq came to public attention...
- Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of war crimes....
- Human rights in the United States
Human rights in the United States are legally protected by the Constitution of the United States and amendments, conferred by treaty, and enacted legislatively through Congress, state legislatures, and plebiscites...
- Human Rights Record of the United States
The Human Rights Record of the United States is a publication on the annual human rights record in the United States of America, published by the Information Office of the State Council of the People's Republic of China...
- The International Criminal Court and the 2003 invasion of Iraq
The Prosecutor of the International Criminal Court reported in February 2006 that he had received 240 communications in connection with the invasion of Iraq in March 2003 which alleged that various war crimes had been committed...
- Torture and the United States
Torture in the United States includes documented and alleged cases inside the United States and outside the border by government personnel. Note that while some are, not all of such incidents are the policy of or done with the approval of the United States government.-Legislation and treaties...
- United States and the International Criminal Court
Positions in the United States concerning the International Criminal Court vary widely. The position of the United States was set by the former Bush Administration, who made clear its intention to never join the International Criminal Court, which was established in 2002 as a permanent criminal...
Publications