New probe implicates US Marines in notorious 2005 massacre in Iraq

A new investigation has uncovered evidence implicating two Marines in the 2005 Haditha massacre during the Iraq War, raising new questions about the US inquiry and accountability for war crimes.

At least two dozen civilians, including women and children, were killed by US Marines on November 19, 2005, in the Iraqi town of Haditha.

Safa Younes’ entire family was among those killed by US forces. The killing of Safa’s family was part of what became known as the Haditha massacre.

The Marines entered three homes in the town that day, killing almost every civilian they encountered, including four women and six children. A driver and four students in a vehicle were also shot dead on their way to college.

The Marines claimed they were responding to gunfire after a roadside bomb went off, killing one of their squad members and injuring two others.

No criminal convictions resulted from the longest war crimes investigation of the Iraq War.

The US initially charged four Marines with murder, but they each gave conflicting accounts. Over time, US prosecutors dropped charges against three of the four, and they were granted immunity from legal action.

Now, 20 years on, a BBC Eye investigation has uncovered evidence that implicates two Marines, who were never brought to trial, in the killing of Safa’s family, according to a forensic expert.

The evidence – mainly statements and testimony given in the aftermath of the killings – raises doubts about the American investigation into what happened that day, and poses significant questions over how US armed forces are held to account.

The Marine left to face trial in 2012 was squad leader Staff Sgt. Frank Wuterich, who pleaded guilty to one count of negligent dereliction of duty, a light charge unrelated to direct involvement in the killings.

The release of a pre-trial hearing has now brought new information to light. In it, a junior member of the squad that entered Haditha admits to killing Younes’ father as he opened the door to the family home.

Lance Corp. Humberto Mendoza was never charged with the killing despite admitting to seeing Younes’ father raise his hands upon opening the door.

Forensic expert Michael Maloney was sent to the town in 2006 by the Naval Criminal Investigative Service to probe the killings. He highlighted significant discrepancies in Mendoza’s account, which had changed throughout the legal process.

Using the new information, Maloney concluded, “Mendoza confessed to everything except for pulling the trigger.”

Younes provided evidence to prosecutors in 2006, but it was never shown in court. After the front door of the home was breached, the US Marine squad moved through the building.

The Marine who opened the bedroom door threw a grenade inside that failed to detonate, Younes said. He then entered the room and shot those inside, with Younes the only survivor. Mendoza is the sole Marine who has said he opened the bedroom door.

Lance Corp. Stephen Tatum claimed he had followed Wuterich into the family bedroom, but said poor visibility had obscured his vision of the women and children in the room, who were killed by the Marines.

The uncovered statements, however, show Tatum admitting to different events. “I saw that children were in the room, kneeling down. I don’t remember the exact number but only that it was a lot. I am trained to shoot two shots to the chest and two shots to the head, and I followed my training,” he told the Naval Criminal Investigative Service in 2006.

Tatum “was able to positively identify the people in the room as women and children before shooting them,” the service was told a month later.

A week after that, he said, “This is where I saw the kid I shot. Knowing it was a kid, I still shot him.”

Defense lawyers for Tatum said his later statements were obtained under duress, and charges against him were dropped in March 2008.

Maloney said the totality of evidence pointed to Mendoza and Tatum being the two Marines who killed Younes’ family.

The forensic expert believes that the former entered the bedroom first, while the latter followed and “fired across the head of the bed.”

Mendoza had previously admitted to shooting Younes’ father but said he was following orders.

Tatum, through his lawyer, said he wants to put the massacre behind him.

The US Marine Corps said it would not reopen the investigation.

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