Iraqis say US marines shot, then framed, civilian

In the wake of recent revelations about the shooting of Iraqi civilians in Haditha by US Marines, another incident involving the alleged murder of an Iraqi civilian by Marines is coming to a head.

The Washington Post reports that seven Marines of the 3rd Battalion, 5th Regiment, and a Navy corpsman have been removed from duty and returned to Camp Pendleton in California, where they are being held pending charges in the death of Hashim Ibrahim Awad al-Zobaie. Four other marines have been told not to leave the base. A Marine lawyer familiar with the case said that charges are expected and that the case "will move quickly... look for them to be tried before the Haditha suspects."

According to accounts given by Hashim [Awad's] neighbors and members of his family, and apparently supported by photographs, the Marines went to Hashim's home, took the 52-year-old disabled Iraqi outside and shot him ... The assault rifle and shovel next to his body had been planted by the Marines, who had borrowed them from a villager, family members and other residents said.

[Mr. Awad's] family alleged this weekend that a small group of US servicemen came to them last week and offered the family money to support the Marines' version of the killing.

The Marines involved had said they had found Awad digging a hole to plant a roadside bomb, with a AK-47 at his side. They said they engaged him in a firefight and killed him.

In an interview with Knight Ridder published Friday, Awad's family and friends said he had told them that Marines stationed in the area had asked Awad several times to be an informant and to find out who was planting explosives in the village. Each time, they say, he refused.

On the morning of April 3, Awad's family says Marines arrived at the door and pulled him outside. Less than an hour later, gunshots were heard and when the family went outside next morning, they found a freshly dug hole about 500 yards from their home, splattered with blood and littered with plastic gloves. Earlier, the Marines had taken Awad's body to the local police and said they had found him digging an explosives hole, and killed him.

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The family members said American investigators have since harassed them, questioning their allegations in hours-long sessions that begin in the dead of night and last past dawn. They said they once were taken for questioning to nearby Abu Ghraib prison, the scene of previous allegations of American abuse.

There was no way to confirm the accounts. US officials have declined to provide details of the allegations that led them on May 25 to announce that they were investigating the death of an Iraqi civilian and that "several service members from 3rd Battalion, 5th Marine Regiment . . . were removed from operations and have returned to the United States." But the probe of the case has turned up enough evidence against the Marines that eight individuals have been jailed and four others have been told not to leave their base at Camp Pendleton, Calif.

Meanwhile, the Los Angeles Times reports that the Pentagon has decided to omit from the Army Field Manual, its main operating guide, a key provision of the Geneva Convention that bans "humiliating and degrading" treatment of detainees, "a step that would mark a further, potentially permanent, shift away from strict adherence to international human rights standards."

The decision could culminate a lengthy debate within the Defense Department but will not become final until the Pentagon makes new guidelines public, a step that has been delayed. However, the State Department fiercely opposes the military's decision to exclude Geneva Convention protections and has been pushing for the Pentagon and White House to reconsider, the Defense Department officials acknowledged. ...

"The rest of the world is completely convinced that we are busy torturing people," said Oona A. Hathaway, an expert in international law at Yale Law School. "Whether that is true or not, the fact we keep refusing to provide these protections in our formal directives puts a lot of fuel on the fire."

The idea to drop the provision is being championed by Vice President Dick Cheney and his office. Known as "Article 3," the provision covers all detainees, whether unlawful combatants or traditional prisoners of war. Mr. Cheney's office and the Pentagon's intelligence arm are refusing to restore strict adherence to Article 3, because they say it will inhibit their ability to questions detainees.

Military lawyers have succeed in getting the Pentagon to include some protections from Article 3 in the new Field Manual, such as banning inhumane treatment, but the Times says the military lawyers have decided that "they will have to wait for a new administration before mounting another push to link Pentagon policy to the standards of Geneva."

"The JAGs [Judge Advocate Generals] came to the conclusion that this was the best they can get," said one participant familiar with the Defense Department debate who spoke on condition of anonymity because of the protracted controversy. "But it was a massive mistake to have withdrawn from Geneva. By backing away, you weaken the proposition that this is the baseline provision that is binding to all nations."

"This is a phenomenon that has become common among many of the multinational forces. No respect for citizens, smashing civilian cars and killing on a suspicion or a hunch. It's unacceptable."

Ms. Rice said she talked to Mr. Maliki about his comments, but did not say that he was misquoted. She did say that the prime minister was speaking "directly to the concerns of the Iraqi people," but that Maliki realizes the important role that US troops play in his country.

"We have had some bad incidents and there continue to be allegations of others which will be investigated [said Rice]. But overwhelmingly, American forces there putting their lives on the line every day, protecting Iraqis, helping to liberate them – that is appreciated by the Iraqi people and by the prime minister."

About the allegations of US troops shooting Iraq civilians, Rice said whether it is "Haditha or what happened at Abu Ghraib" these incidents would be investigated, and people will act on what is learned.

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• EU's Solana to present Iran with nuclear proposal (CNN)
• Iran's nuclear ambition hits piggy banks (Washington Times)
• Feedback appreciated. E-mail Tom Regan .