Will American war crimes be revealed?

Like Vietnam vets did decades ago, a group of soldiers are poised to speak out about atrocities they say the U.S. committed in Iraq and Afghanistan.

By Mark Benjamin

Read more: Politics, Vietnam, Afghanistan, News, Iraq, Mark Benjamin

March 13, 2008 | "It has often been remarked but seldom remembered that war itself is a crime. Yet a war crime is more and other than war ... It is an act beyond the pale of acceptable actions even in war. Deliberate killing or torturing of prisoners of war is a war crime. Deliberate destruction without military purpose of civilian communities is a war crime."
-- Former infantry platoon leader William Crandell opening the "Winter Soldier Investigation" in Detroit, Jan. 31, 1971

More than 100 veterans gathered in a Detroit hotel in early 1971 to talk about things they had seen and done in the Vietnam War. Called the Winter Soldier Investigation, the group spoke about a horrifying array of allegations: convoys driving over civilians; burning of villages; bodies thrown out of helicopters; torture, mutilation and infamous "free-fire zones," where anyone not wearing a U.S. uniform could be killed.

Thirty-seven years later, more than 100 veterans will gather over the next several days for "Winter Soldier: Iraq and Afghanistan." The event is designed to be another purging of the horrors of war, and another effort to put American military policy on trial in the public eye. The gathering this time, at the National Labor College outside Washington, D.C., is sponsored by the group Iraq Veterans Against the War. "Soldiers will certainly be testifying about their experience and observation of actions which are absolutely in violation of international law," says IVAW spokesperson Perry O"Brien, who served as an Army medic in Afghanistan in 2003.

In interviews with Salon, several veterans from the group described incidents in Iraq that they believed constituted wrongdoing by the U.S. military, including disproportionate use of air power resulting in civilian deaths. The soldiers were unable to provide Salon with any conclusive evidence of war crimes. But as the fifth anniversary of the U.S. invasion of Iraq approaches, the allegations they and other Winter Soldier members will publicize in Washington this week add to a long-term set of questions about the damage and destruction wrought by U.S. military operations over years of war.

The first Winter Soldier Investigation, sponsored in 1971 by Vietnam Veterans Against the War, ultimately helped fuel the antiwar movement in the United States. And the kinds of atrocities in Vietnam they alleged have been well documented since then. The first event also resulted in the Senate Foreign Relations Committee asking John Kerry, the young veteran who would go on to be a U.S. senator, to testify three months later, when he famously asked, "How do you ask a man to be the last man to die for a mistake?"

In fact, the first Winter Soldier investigation was largely ignored by the media, initially. "I don't think we had nearly the effect we had hoped for," the Vietnam veteran Crandell told me in a telephone interview. "The reporters on the scene were very impressed," he said. "But the networks sat on it." Perhaps that was because it was held in the Motor City (a bad decision then, organizers admit). Perhaps it was because the country wasn't yet ready to hear how a seemingly invisible enemy in Southeast Asia had driven otherwise honorable American soldiers to commit unthinkable atrocities, including acts that were officially or unofficially condoned by military policy.

It is unclear whether Winter Soldier: Iraq and Afghanistan will gain wider attention from the media and the public, but its organizers say that today's technology could make a difference. "The modern soldier carries a digital camera almost as a sidearm," explained O'Brien. The group says that potentially explosive photos and video from Iraq displayed at this Winter Soldier investigation will help "expose the human consequences of failed policy" in the war zones. The searing images from Abu Ghraib, of course, came to light because soldiers working inside the prison made use of their personal digital cameras.

The veterans of Winter Soldier face the challenge of condemning U.S. military policy without the event being interpreted as -- or twisted into -- an unpatriotic attack on their fellow troops. "That is the tightrope they have to walk," explained Rick Weidman, a Vietnam veteran and director of government relations at Vietnam Veterans of America. "Don't blame the troops who are thrust into the middle of a goddamn civil war where you can't tell who the enemy is." He added: "You don't blame the troops for being put in an impossible situation. Some of this stuff is part of war. You could not retake Fallujah without what many people consider atrocities."

Vietnam veterans faced a similarly difficult balancing act 37 years ago. When Crandell opened the Winter Soldier Investigation in 1971, he tried to make it clear that the event was not intended to put American troops on trial. "There will be no phony indictments; there will be no verdict against Uncle Sam," Crandell said back then. The testimony, he argued, was supposed to expose "acts which are the inexorable result of national policy."

But it is unclear if Americans who are politically conservative will pick up on that distinction, particularly at a time when just about any critique of the war is quickly spun by both right and left. "I think they have to be as clear as they can," Crandell continued. "I still have conversations with Vietnam vets 40 years later who feel defamed by what we did. I feel sorry about that." But Crandell said this new Winter Soldier event should still go forward, "to whatever extent it helps with resolving the war or the maverick policies that need to be curtailed."

Some Iraq veterans agree that the pro-war crowd will work to create the impression that the event is an unpatriotic smear against the troops. "It troubles me a little bit," Paul Rieckhoff, executive director of Iraq and Afghanistan Veterans for America said about the coming event. "I hope that they are thinking this out, because there are plenty of people who are going to want to have their ass."

Rush Limbaugh is likely to be one who goes after them. The widely heard right-wing radio host last fall claimed that some veterans who oppose the war are, in fact, "phony soldiers."

Limbaugh has said he was referring to the case of Jesse MacBeth. Several years ago MacBeth, then an IVAW member, alleged he committed war crimes in Iraq as a soldier in the Army. In May 2006, the Army reported that MacBeth, in fact, had never served in Iraq at all.

IVAW counters that the MacBeth incident occurred before the organization put in place a requirement that members provide proof of service. For Winter Soldier, the group has also assembled a verification team of combat veterans to interview soldiers testifying, examine discharge paperwork and review corroborating evidence including additional witnesses, video and photos.

But even with all that evidence, people sitting in the audience at National Labor College may have trouble evaluating some of the testimony they hear. Wartime accounts are notoriously difficult to untangle and verify, even when coming from multiple primary sources who appear to be telling the truth to the best of their knowledge.

Next page: Video of an airstrike in Baghdad that may have killed civilians