1 April 2024
Chaitanya Nitin Harak
Image: Amma Moneymaker, Getty Images
War crimes refer to serious violations of the laws and customs of war, which encompass acts committed during armed conflict that are considered unacceptable by the international community. Since the establishment of the Geneva Conventions in 1864 and subsequent updates, including the 1899 and 1907 Hague Conventions, the international community has sought to regulate the conduct of warfare and protect civilians and combatants not taking part in hostilities. Despite these efforts, instances of war crimes have occurred, including those involving the United States, a country that has tried more than a few times to act like the international police force.
Examples of US international war crimes since the Geneva Convention of 1899 include the indiscriminate bombing of civilian populations during World War II, such as the firebombing of Dresden and the atomic bombings of Hiroshima and Nagasaki. In addition, allegations of war crimes have emerged from conflicts such as the Vietnam War, including the My Lai massacre, where American soldiers killed hundreds of unarmed Vietnamese civilians. These instances underscore the importance of accountability, adherence to international humanitarian law, and efforts to prevent and punish war crimes to uphold the principles of humanity and justice in times of war.
During the period of the American invasion of the Philippines (1899-1902), allegations were made against the United States military for carrying out war crimes against both Filipino civilians and soldiers. Some of the reported crimes consist of the killing of innocent people in villages, uncontrolled bombings and shootings, mistreatment of prisoners of war (POWs), and the employment of scorched-earth methods. Despite attempts to rationalize these actions as components of efforts to establish peace, detractors contend that these methods were unmistakable breaches of the laws of war and humanitarian values. The United States' behavior during its colonial rule of the Philippines is still a topic of historical discussion and examination due to ongoing allegations.
Image: New York Journal - May 5, 1902
American soldiers used harsh methods to quell Filipino opposition to US colonization during the conflict. An infamous incident took place in Balangiga village on September 28, 1901, where American soldiers killed around 2,000 Filipino villagers as revenge for an attack by Filipino rebels. The Balangiga massacre, serves as a clear demonstration of US war atrocities in the Philippines, showcasing the indiscriminate harm done to civilian communities (Karnow, 1989).
Another extreme event was the water cure, a type of torture employed by American military personnel to elicit information from Filipino POWs. The water cure consisted of forcibly pushing large quantities of water into the mouth and stomach of a detainee, resulting in intense pain, asphyxiation, and occasionally death. During the Philippine-American War, accounts of the water cure emerged, emphasizing the harsh tactics used by US troops in their efforts to defeat Filipino rebels. These instances of torture are obvious breaches of international humanitarian law and the principles outlined in the Geneva Conventions (McCoy, 1973).
Image: John Joseph Pershing, U.S. Army
Moreover, the American presence in the Philippines resulted in extensive damage to villages, relocation of civilians, and seizure of property by US troops. These actions, frequently conducted disguised as counterinsurgency operations, led to significant suffering and casualties for the people of the Philippines (Miller, 1983). Although some US officials have tried to defend such tactics as crucial for establishing peace and developing nations, they are still seen as breaches of human rights and international law. Acknowledging the atrocities committed by the US in the Philippines highlights the importance of ensuring accountability, recognition, and compensation for the victims and their offspring, along with a persistent dedication to promoting justice and humanitarian values during periods of strife (Schirmer & Shalom, 1999).
War crimes committed by the US in the Philippines and Haiti demonstrate consistent aggressiveness and disrespect for international law in an effort to satisfy imperialist motives. In both cases, US forces used harsh tactics like massacres and torture to crush local opposition and establish dominance. These brutal acts showcase a history of aggressive violence in the United States' foreign policy.
Image: Unknown, U.S. Marine Corps
During times of direct intervention, the US has been accused of committing war crimes and violating human rights in Haiti. A major event took place in Haiti during the period of US occupation from 1915 to 1934. US Marines used the excuse of restoring order and stability to carry out extensive violence and repression against the Haitian population. Accounts of mass killings, torture, and unlawful executions by American forces surfaced, demonstrating the harsh measures used to establish dominance over the island country. Researchers like Mary A. Renda (2001) have recorded these atrocities, revealing the shadowy history of US imperialism in Haiti.
Furthermore, backing from the US for repressive governments in Haiti has added to violations of human rights and political turmoil in the nation. In the Duvalier dictatorships, both under François Duvalier and Jean-Claude Duvalier's rule, the United States supported the governments despite numerous accounts of government-backed violence and oppression. The Tonton Macoutes, the violent paramilitary group controlled by the Duvaliers, committed numerous human rights abuses, such as illegal killings and disappearances. Academics like Jeb Sprague (2012) have analyzed the United States' support of authoritarian governments in Haiti, emphasizing the involvement of foreign nations in prolonging human rights violations.
Moreover, the 2004 overthrowing of democratically elected President Jean-Bertrand Aristide through a coup raised worries about US intervention in weakening Haitian independence and democratic processes. Numerous Haitians and spectators believed that the United States coordinated Aristide's ousting and backed the subsequent interim government, which was accused of committing human rights abuses and political oppression. Yolaine Armand (1989)analyzed the impact of US-supported groups in quashing grassroots movements and opposition in Haiti in her article "Democracy in Haiti: The Legacy of Anti-Democratic Political and Social Traditions," highlighting the persistent obstacles to democracy and human rights in the nation due to external involvement.
War crimes committed by the US in Haiti, during World War II, and in the Philippine campaign demonstrate a consistent pattern of imperialist aggression. From the harsh rule in Haiti to the atrocities in the Philippines, and continuing to the indiscriminate bombings of civilians in World War II, American behavior indicates a consistent lack of respect for international law and human rights. Through the history of military interventions, the US has frequently turned to extreme methods to quell dissent in Haiti, expand colonies, and conduct global warfare, exposing deep-rooted systemic injustices.
In World War II, the Pacific theater saw fierce combat between Allied and Japanese forces, leading to many acts of brutality and war crimes. Although mainly seen as a liberating presence in the Pacific, the United States also committed actions that went against international humanitarian law. Examples like the atomic bombings of Hiroshima and Nagasaki display clear instances of US war atrocities in the Pacific theater (Sherman, 2019). The bombings caused the fatalities of hundreds of thousands of civilians and POWs (Jenrick, 2005) and sparked ethical debates on the use of excessive force and the intentional attacking of non-combatants in times of war.
Moreover, the way the US treated POWs in the Pacific theater has been under examination. Japanese POWs frequently experiences severe mistreatment, such as compulsory work, insufficient nourishment and healthcare, and physical violence. While it wasn't every American military member, recorded instances of mistreatment show breaches of the Geneva Conventions and standards for humane treatment of prisoners of war, as stated by Dower in 1987. Even though the Allied forces were striving to defeat the Axis powers, they frequently resorted to committing war crimes and disregarding humanitarian standards in their pursuit of victory. These actions caused great pain for innocent civilians and also damaged the United States' image as a supporter of democracy and human rights worldwide.
Image: Unknown, U.S. Navy
During World War II in Europe, the United States and its allies fought against Nazi Germany and its Axis allies in a harsh conflict that caused extensive destruction and human misery (Weingartner, 1989). A well-known instance of Allied forces engaging in war crimes was the targeting of civilian populations, such as the firebombing of Dresden in February 1945, leading to the deaths of tens of thousands of civilians (Tooze, 2007). Even though there were arguments about military needs, the decision to attack civilians brought up ethical concerns regarding the fairness and rationale of these actions according to international humanitarian law.
Additionally, the way American forces treated German POWs in the European theater, much like the treatment of Japanese POWs, has been criticized. Although the United States mostly followed the guidelines set out in the Geneva Conventions, there were instances where German POWs were mistreated and abused, as reported by Bryant in (2007). Concerns about the ethical behavior of US forces and adherence to international standards for treating prisoners are raised due to incidents of insufficient food and medical care, mandatory labor, and physical abuse against POWs. These events demonstrate the intricacies of war on a global scale, revealing the deceit and double standards of numerous Western countries, spearheaded by the US.
Image: Arland B. Musser, U.S. Government
After the Allies defeated Japan in 1945, US occupation forces committed numerous war crimes, especially in their treatment of Japanese civilians and POWs. One major occurrence was the widespread bombing of civilian areas, including the firebombing of Tokyo and other urban centers, leading to extensive casualties and damage to infrastructure (Sherman, 2019). The bombings in crowded areas sparked ethical debates about intentionally targeting civilians and the proportionality of the attacks according to international laws. Furthermore, the complexities and moral ambiguities of post-war occupation were highlighted by incidents of violence and abuse against Japanese civilians and POWs perpetrated by US troops (Dower, 1987).
The pattern of neglecting international humanitarian law in the United States' actions during the Japanese occupation after World War II and the Korean War is a cause for concern. These actions established a standard for the ethical dilemmas and moral uncertainties encountered by American forces in later conflicts, such as the Korean War.
In the Korean War, accusations of war crimes were reported against US forces, such as the No Gun Ri Massacre, in which American soldiers shot hundreds of South Korean refugees taking cover under a railway bridge (Cumings, 2010). Reports detailing systematic violence, mistreatment of POWs, and indiscriminate bombing of civilian areas in North Korea serve to emphasize the ongoing perpetration of US war atrocities during the Korean War. These events highlight the importance of responsibility and following international humanitarian law to avoid the repetition of such terrible acts in upcoming conflicts.
During the years 1950 to 1953, the Korean War saw many accusations of war crimes conducted by US troops on North Korean and Chinese civilians and POWs. An important incident was the No Gun Ri Massacre in July 1950, during which American soldiers murdered around 250 South Korean civilians, including females and children, who had taken cover beneath a railway bridge (Cumings, 2010). This massacre, initially denied by the US government but later acknowledged after investigations, serves as a clear illustration of the indiscriminate violence suffered by civilian populations during the Korean War.
Image: Unknown, Keystone/Getty Images
Additionally, allegations of organized violence and mistreatment towards POWs by US military personnel surfaced throughout the war. Reports were made of torture, abuse, and unlawful killings of captured North Korean and Chinese troops, prompting worries about breaches of the Geneva Conventions and global humanitarian laws (Robinson, 2013). The way US soldiers treated POWs during the Korean War, such as refusing them adequate medical care and providing insufficient food and shelter, highlighted the moral dilemmas and ethical issues confronted by Allied forces (Wilson Center, 2001).
Furthermore, the extensive use of indiscriminate bombing campaigns and aerial attacks by the US military in North Korea resulted in widespread destruction and loss of life among civilian targets. The bombing of urban areas led to tens of thousands of civilian deaths and forced millions of people to leave their homes ( (Halliday & Cumings, 1990)These attacks on civilian infrastructure and population centers prompt considerations regarding the legality and morality of utilizing such strategies in accordance with international law and the principles of proportionality and distinction in war.
American war crimes during the Korean War foreshadowed the atrocities seen in Vietnam, showing a consistent pattern of ignoring international humanitarian law and harming innocent civilians to achieve military goals. Both wars established a concerning pattern for US military involvement, as shown by the increase in war crimes during the Vietnam War. The disregard for human life and erosion of moral constraints in pursuit of military goals were emphasized by the use of chemical defoliants like Agent Orange and the bombing of civilian targets.
In both wars, viewing the enemy as less than human, along with the need for strategic goals and the realities of battle, led to the perpetration of war crimes and atrocities. The similarities between the Korean and Vietnam Wars spotlight the ongoing difficulties of upholding moral behavior in warfare and the importance of holding individuals accountable for past crimes.
The Vietnam War is known as one of the most controversial conflicts in recent history, with many reports of US forces committing war crimes against Vietnamese civilians. One of the most important atrocities committed by the US in Vietnam was the My Lai Massacre, which took place on March 16, 1968, in the town of My Lai. American soldiers from Charlie Company killed approximately 300 to 500 Vietnamese civilians, including women, children, and the elderly, without discrimination (Hersh, 1970). The brutal massacre was a wake-up call for the world, revealing the inhumanity within the US military and sparking widespread criticism and demands for justice.
Another major war crime during the Vietnam War was the extensive use of Agent Orange and other chemical defoliants by US forces, in addition to the My Lai Massacre. Agent Orange and other herbicides were used extensively in Vietnam to eliminate vegetation and crops, taking away the Viet Cong's hiding spots and sources of food. Nevertheless, the use of chemical defoliants led to significant environmental harm and had lasting health effects on both Vietnamese civilians and US veterans who were exposed to the chemicals (Schuck, 1987). The deployment of Agent Orange has been strongly criticized as a breach of international humanitarian law and the principles of proportionality and distinction in warfare.
In addition, the bombing missions carried out by the US military in the Vietnam War led to extensive damage and casualties among civilians. The bombing of urban areas such as cities, towns, and villages, like the well-known Christmas bombing of Hanoi in 1972, resulted in great harm to the Vietnamese people and significant destruction to civilian infrastructure (Logevall, 1999). Although they claimed to target military facilities, the bombings frequently led to the fatalities of non-combatants and sparked ethical debates about the legitimacy of using disproportionate force and safeguarding civilians in wartime.
Additionally, the way Vietnamese POWs were treated by US forces, especially in places like the well-known Tiger Cages, were serious breaches of international humanitarian law. Evidence of torture, abuse, and the violation of fundamental human rights among Vietnamese prisoners highlighted the breakdown of moral boundaries and ethical behavior during the Vietnam War (Young, 1991). The ongoing impact of US forces committing war crimes and atrocities in Vietnam highlights the importance of holding individuals accountable, seeking justice, and remembering the dark history of the conflict.
Image: Unknown, U.S. Military/U.S. Department of Defence
Image: PFC David Epstein, U.S. Army
Image: Unknown, U.S. Military/U.S. Department of Defence
Image: Ronald L. Haeberle, U.S. Army
Image: Ronald L. Haeberle, U.S. Army
Image: Unknown, U.S. Army
Image: Unknown, U.S. Military/U.S. Department of Defence
The Vietnam War, known for the many accusations of war crimes by US troops, is an important example of the challenges regarding accountability and justice in current conflicts, such as the War on Terror. The acts of horror acted upon the Vietnamese communities have resulted in long-lasting pain and emotional distress within, prompting deep reflection on the moral behavior of US military involvement. In the Unites States' War on Terror, the increase in digital technology and internet usage has allowed easier availability of information and evidence regarding supposed war crimes. The use of social media platforms and online forums has given an unparalleled view of the realities of modern warfare through the sharing of images, videos, and testimonies. The digital era has increased the level of monitoring and responsibility that military forces must deal with, underscoring the importance of transparency, accountability, and following international humanitarian laws in modern conflict areas.
The US forces have been accused of committing numerous war crimes in different areas of operation during the War on Terror, which began after the September 11, 2001, attacks. The Abu Ghraib torture scandal, where US military members were involved in mistreating, torturing, and humiliating detainees at the Abu Ghraib prison in Iraq, is one of the most well-known incidents (Hersh, 2005). The pictures showing the abuse of Iraqi prisoners, such as physical and sexual mistreatment, startled the global community and sparked worrying questions about following global humanitarian regulations and handling detainees in US care.
Additionally, the utilization of advanced interrogation methods such as waterboarding, stress positions, and sleep deprivation by US intelligence agencies and military personnel has been criticized as torture and human rights violations (Feinstein, 2014). These actions, approved by top government officials, highlight the weakening of moral boundaries and the acceptance of harmful strategies to achieve counterterrorism goals. Apart from the abuse of prisoners, the use of drone attacks by the US-led coalition in nations such as Afghanistan, Pakistan, Yemen, and Somalia has caused many civilian deaths and sparked concerns about the legality and fairness of intentional killings (Bergen & Teidemann, 2013). Concerns about civilian safety and due process rights in the War on Terror have been heightened due to the lack of transparency and accountability in drone operations.
Moreover, the prolonged holding of people at Guantanamo Bay detention camp without a trial or legal representation has been heavily condemned as a breach of international law and human rights (Human Rights Watch, 2020). Despite attempts to shut down the facility, numerous detainees continue to be imprisoned without being formally charged or given a trial, raising concerns about the United States' dedication to upholding the rule of law and safeguarding basic rights.
Image: Unknown, U.S. Military
Image: Unknown, U.S. Government
Furthermore, reports and investigations have documented the US military's utilization of torture and other coercive interrogation methods at classified detention facilities referred to as black sites (Singh, 2013). Such secret sites run by the CIA and other government entities have been linked to the torture, rendition, and vanishing of alleged terrorists, underscoring the hidden and unauthorized aspects of US counterterrorism activities. Additionally, the focusing on healthcare facilities such as hospitals and clinics in conflict areas like Afghanistan by US and coalition forces has led to civilian casualties and the interruption of vital medical services (Médecins Sans Frontières, 2016). These assaults have caused apprehension due to the lack of respect for civilian lives and the undermining of humanitarian principles during military operations, going against the ideals of medical neutrality and safeguarding healthcare infrastructure during times of conflict.
Additionally, concerns have been raised about the indiscriminate nature and impact on civilian populations of white phosphorus and other incendiary weapons used by the US military in populated areas during the Iraq and Afghanistan wars (Docherty & Knuckey, 2009). The employment of these weapons in densely populated urban areas is a breach of international humanitarian law and the ban on using indiscriminate weapons in civilian areas. Furthermore, the act of extraordinary rendition, which involves transferring individuals linked to terrorism to third countries for questioning and imprisonment, has been criticized as a type of torture and forced disappearance (Open Society Justice Initiative, 2013). The rendition program, carried out by the CIA in collaboration with other countries, has led to the torture, mistreatment, and imprisonment of people without their legal rights or access to justice.
Image: Unknown, U.S. Marine Corps/ Naval Criminal Investigative Service
Additionally, concerns have been raised about the safeguarding of press freedom and the safety of journalists reporting on armed conflicts due to instances like the targeting of journalists and media organizations by the US military in conflict areas, such as the incident in 2007 when Reuters journalists were killed by US helicopter gunships in Iraq (Committee to Protect Journalists, 2019). These assaults on journalists are breaches of both international humanitarian law and the freedom of speech, underscoring the risks journalists in war zones encounter. Examining US actions in the War on Terror, such as torture, abuse, extrajudicial killings, and attacks on civilian infrastructure and personnel, brings into question America's commitment to international humanitarian law and human rights norms. The absence of responsibility and openness regarding these events weakens the trustworthiness of US counterterrorism actions and highlights the necessity for increased examination, supervision, and responsibility in military operations.
As this investigation into US war crimes since 1899 draws to a close, it leaves us with a sobering realization of the dark underbelly of American military interventionism. From the brutal suppression of insurrections in the Philippines to the indiscriminate bombings and torture in Vietnam and the War on Terror, a pattern of disregard for human rights and international law emerges. Despite the lofty ideals espoused by the United States on the world stage, the evidence presented in this article paints a bleak picture of the nation's actions in times of conflict. It underscores the hypocrisy of a superpower that often claims moral authority while committing egregious violations of basic principles of humanity.
Moreover, the persistence of these atrocities across different epochs underscores the deep-rooted nature of the problem. Despite occasional efforts at accountability and reform, the cycle of violence and impunity seems to repeat itself, leaving countless lives shattered and communities scarred. The lack of meaningful consequences for those responsible for war crimes only serves to perpetuate a culture of impunity, where the powerful are shielded from justice while the victims are left to languish in the shadows.
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