The Shinwar Shooting or Shinwar Massacre
was the alleged killing of a number of Afghan civilians on 4 March 2007, in the village of Spinpul, in the
Shinwar District
Shinwar ( ps, شينوار ولسوالۍ, fa, ولسوالی شینوار) is a district in Nangarhar Province, Afghanistan. It is on the main highway from Jalalabad to the Torkham border crossing. Its population, which is 100% Pashtun, was est ...
of the
Nangarhar Province of
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
.
United States Marines
The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through com ...
, fleeing the scene of a
car bomb attack and ambush by Afghan militants, fired on people and vehicles surrounding them, according to initial reports, killing as many as 19 civilians and injuring around 50 more.
The exact casualty figures have not been firmly established.
Inquiries after the incident were also unable to find the graves of the alleged victims.
The United States Marine Corps began an internal inquiry in January 2008. In May, "no criminal charges were brought against any officer, although some did receive an "administrative reprimand."
All involved troops were subsequently issued
Combat Action Ribbons, and one gunner was issued a
Purple Heart
The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, ...
. The report was condemned by the
Afghan Independent Human Rights Commission The Afghan Independent Human Rights Commission (AIHRC) (Dari:کمیسیون مستقل حقوق بشر افغانستان, ps, د افغانستان د بشري حقونو خپلواک کميسيون) is a national human rights institution that was ...
and by the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
mission in Afghanistan.
Further revelations in 2010 led employees of
Amnesty International and the
International Bar Association
The International Bar Association (IBA), founded in 1947, is a bar association of international legal practitioners, bar associations and law societies. The IBA currently has a membership of more than 80,000 individual lawyers and 190 bar associa ...
to assert that there was ''
prima facie'', or superficial evidence that international humanitarian law had been violated, but could not speculate further without knowing the details of the inquiry.
In 2019 the Board for Correction of Naval Records recommended the platoon's Marine commander be retroactively promoted to lieutenant colonel with back pay, and the board criticized the 2007 senior commanders who failed to "respond appropriately to an enemy information operation and stand by the troops."
Sequence of events
On 4 March 2007, Haji Ihsanullah, a member of
Hezb-i Islami Khalis
Hezb-e Islami Khalis ( ps, ) is an Afghan political ex- Mujahidin movement under Maulawi Khalis, who separated from Gulbuddin Hekmatyar's Hezb-e Islami and formed his own resistance group in 1979. The two parties were distinguished as Hezb-e ...
(or the
Tora Bora Military Front, depending on source),
drove a minivan laden with explosives into one of the vehicles making up a U.S. military convoy, which included either three
or six
Humvees
The High Mobility Multipurpose Wheeled Vehicle (HMMWV; colloquial: Humvee) is a family of light, four-wheel drive, military trucks and utility vehicles produced by AM General. It has largely supplanted the roles previously performed by the or ...
. A U.S. Marine was injured.
Sources differ on whether hidden gunmen then also opened fire on the convoy.
The Marines fled the area,
firing on some vehicles for between 6 and 16 miles
while driving along the Afghan street.
According to several witnesses and the Afghan Independent Human Rights Commission, the U.S. Marines' response to the car bombing included indiscriminate firing at passing civilians on the busy highway. They asserted that elderly men, women and children were killed.
Akhtyar Gul, a local reporter who witnessed the shooting, claimed that the Marines sprayed civilians with machine gun fire even though the Marines were not under attack.
According to
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. ne ...
and Afghan journalists, U.S. troops confiscated photos and videos of the incident and its aftermath.
A freelance photographer working for the Associated Press claimed that two Marines and a translator asked him: "Why are you taking pictures? You don't have permission."
Another photographer claimed that he had been told by U.S. troops through an interpreter: "Delete them
our photos or we will delete you."
Afghan response
The killings were followed by widespread protests across Afghanistan and drew sharp criticism from President
Hamid Karzai
Hamid Karzai (; Pashto/ fa, حامد کرزی, , ; born 24 December 1957) is an Afghan statesman who served as the fourth president of Afghanistan from July 2002 to September 2014, including as the first elected president of the Islamic Repub ...
.
[ The Afghan Independent Human Rights Commission's report asserted that: "In failing to distinguish between civilians and legitimate military targets, the U.S. Marine Corps Special Operators employed indiscriminate force. Their actions thus constitute a serious violation of international humanitarian standards."]
Aftermath
Major General
Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of ...
Frank Kearney
Frank or Franks may refer to:
People
* Frank (given name)
* Frank (surname)
* Franks (surname)
* Franks, a medieval Germanic people
* Frank, a term in the Muslim world for all western Europeans, particularly during the Crusades - see Farang
Cur ...
, head of the U.S. Special Operations Command
The United States Special Operations Command (USSOCOM or SOCOM) is the unified combatant command charged with overseeing the various special operations component commands of the Army, Marine Corps, Navy, and Air Force of the United States Arm ...
(USSOCOM), ordered the entire 120-member unit out of Afghanistan pending an investigation into the incident and announced that there was no evidence supporting the Marines' story that they had come under fire. The unit's commander and senior officer were relieved of their duties on 3 April 2007 and reassigned to Camp Lejeune
Marine Corps Base Camp Lejeune () is a United States military training facility in Jacksonville, North Carolina. Its of beaches make the base a major area for amphibious assault training, and its location between two deep-water ports ( Wilming ...
in North Carolina. Kearney's order to have the unit depart Afghanistan was later found by the Department of Defense's Inspector General to be within his authority and reasonable. Compensation payments of $2,000 each were paid to the families of those killed or wounded; overall more than fifty Afghans received compensation payments.
Investigation and inquiry
The shooting came under investigation by both Afghanistan and the United States. On 12 April 2007, an initial investigation headed by a United States Air Force
The United States Air Force (USAF) is the Aerial warfare, air military branch, service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part ...
colonel was conducted, endorsed by a United States Army
The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...
general. It determined that the Marines used "excessive force when they killed civilians after a suicide bombing" and referred the case to the Naval Criminal Investigative Service
The United States Naval Criminal Investigative Service (NCIS) is the primary law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate criminal activities involving the Navy and Marine Corps, though its ...
for a criminal inquiry; the investigation occurred two months after the shootings, with investigators only able to study the site of the shooting for an hour. ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' of 20 April 2007 included an article asserting that the shooting was similar to the Haditha massacre
The Haditha massacre (also called the Haditha killings or the Haditha incident) was a series of killings on November 19, 2005, in which a group of United States Marines killed 24 unarmed Iraqi civilians. The killings occurred in Haditha, a cit ...
.
The Pentagon
The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a meton ...
issued a formal apology for the incident on 7 May 2007. "This was a terrible, terrible mistake," said U.S. Army Colonel John Nicholson, "and my nation grieves with you for your loss and suffering. We humbly and respectfully ask for your forgiveness." Nicholson commanded Task Force Spartan, whose area of operation as defined by ISAF
' ps, کمک او همکاري '
, allies = Afghanistan
, opponents = Taliban Al-Qaeda
, commander1 =
, commander1_label = Commander
, commander2 =
, commander2_label =
, commander3 =
, command ...
Regional Command East
In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
included the area of the shooting.
This was dismissed as premature by General James T. Conway
James Terry Conway (born December 26, 1947) is a retired United States Marine Corps four-star general who served as the 34th Commandant of the Marine Corps. Among his previous postings were Director of Operations (J-3) on the Joint Chiefs of S ...
, Commandant of the Marine Corps, who said: "I would just as soon that no one ... apologize or talk about 'terrible, terrible mistakes'."
James Mattis
James Norman Mattis (born September 8, 1950) is a retired United States Marine Corps four-star general who served as the 26th US secretary of defense from 2017 to 2019. During his 44 years in the Marine Corps, he commanded forces in the Persian ...
, then a Marine Corps lieutenant general, ordered a court of inquiry to be held. The court at Camp Lejeune, North Carolina, formally investigated the incident in January 2008, hearing from more than 50 witnesses, including Afghans, over 17 days. Much of the testimony was characterized as "vague and contradictory". The four Marines who had fired their weapons did not testify—according to Declan Walsh
Declan Walsh (born 1989) is an Irish Gaelic footballer who played for Malin GAA, Malin (the northernmost GAA club in Ireland) and the Donegal county football team, Donegal county team.
He was part of the Donegal team that won the 2012 All-Irel ...
, writing in ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' of London, "because they had not been granted immunity from prosecution".
During the court of inquiry, Colonel Nicholson stated the Marines did not coordinate their operations with his command when conducting operations and that the Marines' failure to remain at the scene of the attack amounted to failing to "preserve evidence", according to David Zucchino
David Zucchino is an American journalist and author.
Career
Zucchino was awarded a Pulitzer Prize in the Feature Writing category in 1989 for his series ''Being Black in South Africa'', written for ''The Philadelphia Inquirer''.
In 2020, Zucchi ...
of the ''Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
''. Marines who had been present testified that they had been forced to leave the scene by a "complex ambush
An ambush is a long-established military tactic in which a combatant uses an advantage of concealment or the element of surprise to attack unsuspecting enemy combatants from concealed positions, such as among dense underbrush or behind mo ...
". One Marine testified that not all Marines in the convoy returned fire against those ambushing the convoy—return fire, he said, was limited to some gunners. This Marine elaborated that the gunners were ordered to cease fire some minutes later by a Marine captain. Testimony by Afghans, including an Afghan police lieutenant colonel, and a 1980s mujahideen commander, contradicted the testimony of the Marines. Nicholson testified that thirty minutes after U.S. Marines left the area, other U.S. troops arrived at the location of the minivan attack and found no dead or wounded Afghans. He speculated that this might be because Afghans collect and bury their dead quickly in line with Islamic tradition, but also acknowledged that Taliban insurgents often fake or exaggerate civilian deaths, stating "That's why it's so important for us to stay on the scene."
According to one of the Marines' defence lawyers, Mark Waple, an investigation by the U.S. Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage o ...
estimated that the number of people killed was between five and seven, all adult men; Waple continued that despite the prior claims of massacred women and children, witness statements attested only to a wounded 16-year-old boy and a woman with an injured hand. In May 2008, the court of inquiry concluded that they had "acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack."
Testimony to the inquiry was classified and not released, and the 12,000-page report was not published. In March 2015, excerpts of the "key conclusions" were published in the ''Military Times
Sightline Media Group, formerly Gannett Government Media and Army Times Publishing Company, is a United States company that publishes newspapers, magazines, websites, and other publications about the U.S. and other militaries.
The company's '' ...
''. No criminal charges were brought, although "some officers" did receive an " administrative reprimand". The court of inquiry recommended judicial and/or administrative actions be taken upon two Marine captains and two enlisted Marines. The verdict infuriated the Afghan Independent Human Rights Commission.
Kubra Aman, a member of the Afghan House of Elders from Nangarhar, said "I am very angry. This is too much." The decision was also criticised by the United Nations mission in Afghanistan, whose spokesperson Aleem Siddique said "It is disappointing that no one has been held accountable for these deaths". The two Marine captains were later "cleared of wrongdoing", according to the ''Marine Corps Times''. More than a year after the court of inquiry concluded, Marines involved received Combat Action Ribbons, and an injured turret gunner was awarded the Purple Heart.
In 2010, Mark Ellis of the International Bar Association told Channel 4 News
''Channel 4 News'' is the main news programme on British television broadcaster Channel 4. It is produced by ITN, and has been in operation since Channel 4's launch in November 1982.
Current productions
''Channel 4 News''
''Channel 4 News'' ...
of the UK that based on documents released by WikiLeaks
WikiLeaks () is an international non-profit organisation that published news leaks and classified media provided by anonymous sources. Julian Assange, an Australian Internet activist, is generally described as its founder and director and ...
, "there is ''prima facie'' evidence from the military log that suggests the troops could be investigated for war crimes" but that legal hurdles would probably prevent a hearing before the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
. Sam Zafiri of Amnesty International took a similar line, saying that "There is certainly ''prima facie'' evidence of violations of international humanitarian law ... It's not so much about whether an investigation into what happened at Jalalabad
Jalalabad (; Dari/ ps, جلالآباد, ) is the fifth-largest city of Afghanistan. It has a population of about 356,274, and serves as the capital of Nangarhar Province in the eastern part of the country, about from the capital Kabul. Jala ...
is re-opened, but rather publish what the U.S. military did investigate, who they talked to, what were the results and how did they arrive at the decision they came to."
In March 2015, the ''Military Times'' published a series of articles about the incident, written by Andrew deGrandpre. Fred Galvin, who commanded the Marine unit at the time of the incident, said that despite being cleared by the court of inquiry, he and his men thought that their side of the story had not been properly publicised and that they still felt they were stigmatised as a result of the accusations. Although cleared of wrongdoing, members of the unit were adversely affected by the perception of the event.
2019 Retroactive promotions
In January 2019, the Board for Correction of Naval Records reported that Major Fred Galvin (USMC retired) should be promoted to lieutenant colonel and given back pay. The board found Galvin "was beset by a perfect storm of toxic officers," following the false accusations of 2007. The board found "The ambush of 4 March 2007 was not a tactical "misstep". The board found the convoy's response was irreproachable and found no fault relative to the Marines' conduct and performance. The only misstep was the inability or unwillingness of senior U.S. leaders to respond appropriately to an enemy information operation and stand by the troops until competent evidence was gathered."
See also
* Civilian casualties in the war in Afghanistan (2001–present)
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not " combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, ...
* Coalition casualties in Afghanistan
* Command responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
* International Security Assistance Force
' ps, کمک او همکاري '
, allies = Afghanistan
, opponents = Taliban Al-Qaeda
, commander1 =
, commander1_label = Commander
, commander2 =
, commander2_label =
, commander3 =
, command ...
* Taliban insurgency
{{Infobox military conflict
, partof = the War in Afghanistan (2001–2021) and the Afghanistan conflict
, image = 2021 Taliban Offensive.png
, image_size = 300px
, caption = Map of the 2021 Taliban of ...
* List of massacres in Afghanistan
The following is a list of massacres that have occurred in Afghanistan (numbers may be approximate):
Durrani Empire and Anglo-Afghan War
Khalq communist rule
Civil war
War in Afghanistan (2001–2021)
*Note: According to the United Nati ...
References
External links
*
{{DEFAULTSORT:Shinwar Shooting
Conflicts in 2007
2007 in Afghanistan
War in Afghanistan (2001–2021) casualties
Civilian casualties in the War in Afghanistan (2001–2021)
History of Nangarhar Province
Massacres in Afghanistan
Massacres in 2007
March 2007 events in Asia
United States Marine Corps