mylai has reopened the que tion of responsibility for war · to . mylai . has reopened the que tion...

5
to Mylai has reopened the que tion of responsibility for war crimes. So far the charges are against ind ividual "lawbreakers," rather than against the policymakers. by JAMES B. RESTON, JR. " If certaill acts in violation of (rea- tie5 are crimes, the)! are crimes w/letll- Ill' the Uniced States does them or whether German)! does them, and we are prepared 10 lay dOlVn a rule uf criminal conduct agaitlSt others whic1, we would be urI willing to in- voke agaillsl ourselves." -A sociate I us lice Robert Jack on, chief prosecu tor at the Nuremberg Trials. T hiS statement has come back to haunt us. At M lai on March 16, 1968, Charlie Company. First Bat ralion. Twentieth Infantry, Eleventh Brigade, conducted an operatio n th al has raised tundamenta( questions about the . importanl principles of in- ternational conduct LhaL we as a peo- ple articulated at the close of World War II. Can we face the problems of command rcspoflsibilit ,policy respon- sibillL}, aDd cultural responsibility? If we can, where then does the blame top? Who or what hould be on trial? \1as.acres ate not unprecedented in \Va,: There is orne doubt that modem war I.."an be waged without them. But tne Mytai invesngalion has brought the matter into the realm of law, nd law progresses by precedent. Periut.ps tbe most pertinent prece- dent occurred on February 16, 1945. Early on that morning, a company of Japane'c troop arrived in the Philip- piIlcilIage of Taal in Batangas Provo ince, and mounted machm guns, The ofllccr questioned the villagers about hMES B. RESTON, IR.. son of the New York Tunes vice presidellt and columnist, is author or the fortbcoming novel To feild, To Destroy, to be published next February by W. W. Norton. 1.... g perating in the area. When they got no answers, they fired into lie hUlches, and sel them on frre. Later . vjJ]ager \ ere herded Into a ra- vine dnd more than 200 were killed wi lh renade and ma hine guns. The same pattern was followed in the ad- jacent village of San Jose, Rosario, Cuen... a. and Bauan . The conte.·t of these massacres is important. Four months earlier, the combined units of the Third OLlS F n:-I"! and t.h U.S. Seventh Fleet landed at Leyle Harbor on the Philip- pine sland outh of Luzon. After a beachhead wa esLablished, Gen. Doug· Jas .M cAnhl1f waded ashore with his famou comment, "By the grace of Almi 1t)' God our forces -stand ollce again aD Philippine oi l. " Later in the cia ,i a radjo broadcast, be appealed to thl Philippine people: As htl lin.: of battle 1'011 forward to bring you within the zones of opera· tion rise: and trike. For your homes and h ths, slrike. For ru ture genera· tions of your sons and daughter, strike In the home of your acred dead , tnke!. Lel no arm be faint . Let every arm be steel. The guidance of Divmt: God points the way . Follow in b' (l;lrn to the Holy Grail of dghteous vi tOI .; And strike they did. The American invasion parked lhe coordination of guernlla aClivities lhroughout the Phil· ippine Island . By the time the Amen cans landed on Luzon (January 20 1945) the guerrillas were trongesl in gas Province, the sQUlhWeSlcrn tip 0 that island. In the mountains outside- Taal, two divisions of Amen can- up- plied guerrillas were takini shape. This force launched attack on Japa- nese posts and supply areas, sab t ged bridges and rail Jines, and thu enled Lh supreme command 'T or lh already disintegrating Japanese force in. the Philippines, General Tom 'Uf\! Yamashita, with a formidable problem honly aIter the Luzon landing!; be- gan Genera Yamashita had is ued orders to "suppn; "or "mop up" Lh guerrilla activity in the islands . (It was this order that formed Lh b "j for his prosecution 31' a war crimin:!.! a year later.) In Batangas, bow \"cr, Uli was not casil done. The moun- tainous iungle was the natural hnbital for a growing guerrilla mOycmenl. and tile landing of American force ut- side Manila in January put Uwm b - tween Balanga and General ). uma hi· ta , who had ned to the nonhern lawn of Baguio. This virtually crY ma sblla's communications with tbe Ba- tanga command. onetheless, having been laId that the suppression of the guernUa in his area was behind chedule, the om- mander of a Barangas battalion. 01 onel Fujishige, in an attempt to shut olf civilian coop ration \vith I ht: gu<!r- rillas, began a campaign of suppres· sion that led to mas acre, ca e, an torture. An American proseCULOr wa to repeat tht:. refrain at a trial year later: "They were massacred-shall we say suppressedl" The relevance or the Batangas Prov- ince massacres by the Japane e'n Jan- uary, February, and March 1945 to th SR/JUl 111, 11170

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Page 1: Mylai has reopened the que tion of responsibility for war · to . Mylai . has reopened the que tion of responsibility for war crimes. So far the charges are against individual "lawbreakers,"

to

Mylai has reopened the que tion of responsibility for war crimes So far the charges are against individual lawbreakers rather than against the policymakers

by JAMES B RESTON JR

If certaill acts in violation of (reashytie5 are crimes the) are crimes wletllshyIll the Uniced States does them or whether German) does them and we are ~lot prepared 10 lay dOlVn a rule uf criminal conduct agaitlSt others whic1 we would be urI willing to inshyvoke agaillsl ourselves

-A sociate I us lice Robert Jack on chief prosecutor

at the Nuremberg Trials

ThiS statement has come back to haunt us At M lai on March 16 1968 Charlie Company First Bat

ralion Twentieth Infantry Eleventh Brigade conducted an operation thal has raised tundamenta( questions about the importanl principles of inshyternational conduct LhaL we as a peoshyple articulated at the close of World War II Can we face the problems of command rcspoflsibilit policy responshysibillL aDd cultural responsibility If we can where then does the blame

top Who or what hould be on trial 1asacres ate not unprecedented in

Va There is orne doubt that modem war Ian be waged without them But tne Mytai invesngalion has brought the matter into the realm of law nd law progresses by precedent

Periutps tbe most pertinent preceshydent occurred on February 16 1945 Early on that morning a company of Japanec troop arrived in the PhilipshypiIlcilIage of Taal in Batangas Provo ince and mounted machm guns The ofllccr questioned the villagers about

hMES B RESTON IR son of the New York Tunes vice presidellt and columnist is author or the fortbcoming novel To D~ feild To Destroy to be published next February by W W Norton

1

g I~rrillas perating in the area When they got no answers they fired into lie hUlches and sel them on frre Later vjJ]ager ere herded Into a rashyvine dnd more than 200 were killed wi lh renade and ma hine guns The same pattern was followed in the adshyjacent village of San Jose Rosario Cuen a and Bauan

The contemiddott of these massacres is important Four months earlier the combined units of the Third Amphibi~ OLlS F n-I and th US Seventh Fleet landed at Leyle Harbor on the Philipshypine sland outh of Luzon After a beachhead wa esLablished Gen Dougmiddot Jas M cAnhl1f waded ashore with his famou comment By the grace of Almi 1t) God our forces -stand ollce again aD Philippine oil Later in the cia i a radjo broadcast be appealed to thl Philippine people

As htl lin of battle 1011 forward to bring you within the zones of operamiddot tion rise and trike For your homes and h ths slrike For ru ture generamiddot tions of your sons and daughter strike In the home of your acred dead tnke Lel no arm be faint Let every arm be steel The guidance of Divmt God points the way Follow in b (llrn to the Holy Grail of dghteous vi tOI

And strike they did The American invasion parked lhe coordination of guernlla aClivities lhroughout the Philmiddot

ippine Island By the time the Amen cans landed on Luzon (January 20 1945) the guerrillas were trongesl in B~tanshy

gas Province the sQUlhWeSlcrn tip 0 that island In the mountains outsideshyTaal two divisions of Amencan- upshyplied guerrillas were takini shape This force launched attack on Japashynese posts and supply areas sab t ged bridges and rail Jines and thu pr~ enled Lh supreme command T or lh

already disintegrating Japanese force in the Philippines General Tom Uf Yamashita with a formidable problem

honly aIter the Luzon landing beshygan Genera Yamashita had is ued

orders to suppn or mop up Lh guerrilla activity in the islands (It was this order that formed Lh b j for his prosecution 31 a war crimin a year later) In Batangas bow cr Uli was not casil done The mounshytainous iungle was the natural hnbital for a growing guerrilla mOycmenl and tile landing of American force utshyside Manila in January put Uwm b shytween Balanga and General ) uma himiddot ta who had ned to the nonhern lawn of Baguio This virtually crY ma sbllas communications with tbe Bashytanga command

onetheless having been laId that the suppression of the guernUa in his area was behind chedule the omshymander of a Barangas battalion 01 onel Fujishige in an attempt to shut olf civilian coop ration vith I ht gultrshyrillas began a campaign of suppresmiddot sion that led to mas acre ca e an torture An American proseCULOr wa to repeat tht refrain at a trial year later They were massacred-shall we say suppressedl

The relevance or the Batangas Provshyince massacres by the Japane en Janshyuary February and March 1945 to th

SRJUl 111 11170

Mylai massacres by Americans twentyshythree years later lies nOl so much in the sim ilarity o r the atrocities but rathtr in the war crimes trials that folshy10we1 lhe Japanese actions and the principles that evolved from those lriab For not only lhe perpetrator were tried for these massacres but also General Yamashita himself As the fiNI major Japanese figure to be lried after the American victory on Sepo lem1~r 21945 General Yamashita was nIgtl charged for ordering the Batanga nlassacres or even knowing about them but simply tor fail ing Lo control rhe iroiJPs under his command

The lccused said the indictment a general of the Imperial Japanese

mH between 9 October 44 and 2 CP 45 at Manila and other places in

the Philippine lslands while commiddot mantli-r of armed forces of Japan at UJ~ middotith the United States and itgt allies unlawfullY disregarded and Cajlcu to discharge his duty as comshymandcl to con trol the operaLions of the mll11bers of his command pennitshyting lhem LO commit brutal atrocities ond uther high crimes against the peashyph o( the US and of its allies and dcpendencies particularly the Philipshypine and he (thl Accused) thereby iU1lhd the laws of war

Gcmral Yamashitas trial began in lal~~ Duober 1945 barely a month and a half aftcI VJ Day Tbe prosecution lallncJwu ib cast by parading scares of witnesses who testified to Uleir mj trealJTiClll by Japanese troops pnrticumiddot lnlW in Mani la and in B~llangas The illl middotok Times reported that The

cuut tu llinued to hear stories of so many all(Jcities lbat ptOple just ~aL

dazed jil theIr sealS But this techshyniqu1 (alsc) ucd at the Bertrand Russhysdl wOl climes trial held in Stuckholm

17 W protest American bombing ieln3m) was to be expected after r upening statement or lhe US proshy

clUIO Mljor Kerr I am frank to say Sir that this case

will nui be an easy one to hear nor a pleasant one to try We Americans ar a ChrbUan nalion we arc even a sentishymental nation lL certainlY shocks each ono ot liS 10 confronL Lbe Lruly horrible

cts of beings in Lhe form and shape of man tbat we must present to the commiddot mission in this proceeding [We do 1101] ~dcct in slancc~ on th basil that the- ElIt the most horrible the most l1uugtclling that might be presented to Ihe commission If we bring before the commi~sion a witness in a stretchtr (JCrmancnUy mutilated physically ruined [or life it is not because We

nueaoring to impress the commiddot missiun through the usc of shocng evidlntc it is simply becau~ the witmiddot fuSs ha a story o( factual infOffil3shytion which tllC commission should htBl ami because thal witness is a

competent and desirable exhibit of lhe ruthlessness of those vho ctJlQuered the Philjppines

Arter several week of gruesome tales from Philippinc civilians the trial moved to cross-examjnc he prinshycipals themselves Colonel Eljishtge lhe commander in Balangas as Quesshytioned about the killing of women and children and readily admitted giving orders to kill all persons who upposed the Japanese There were man~ in-lances he said where WOIJICIl hearmiddot

ing arms iuJlicted considerable llamshyage Lo my forces When 1 wuin an automobile a child threw a hnnd greshynade at me I told my troOps tbal if they were attacked by armed Women and children that 01 necessity bull the must be combatted

TechnjcaJly Colonel Fuii~l1i~e was on safe legal ground The Hagle Conmiddot vcntion No IV of 1907 wl1ich served as a main legal prccedent for t hI Yamashy

hita Tokyo a lld Nuremberg trialsshyas it will in lhc Mylai triaJgt-5upporti him The inha bitants of a IlrrHory (says Article 2) which has not been occupicd who on the appruilch of Lbe

nem y spon taocously take uparrns to resis t the invading troops lgthall be regarded as belligtllcnls if thl carry anns openly aod if they resp ct the laws and customs 01 war

The concep t of command responsimiddot bili ty hich grew ou t of theYaIlHlshita case carries culpabiuty beyontl pJici ty in atroci ties The Plo~ecutor con tended only lhat the accuse must J1tlVe known about atrocities because Ihey wetC so Widespread just as the Ameri can high command in Vletnam must have suspected atrocillcs thre However to tile prosecution in 1945 it was immaterial il Yama~hila kne how his orders were being carried OUI

These orders fTom Yamashita to mop up suppress the gueoilJas aid Major Kerr ob iously reultcd

in the Batangas area in the m~s killshyings which followed some time lnter

8aturdayRevietfJ Jul 18 1970

Of course these orders did not sa massacre all civilians He unleashetl the fury of bis men upon the helplc population and apparemly accordinj to the record made no subsequent elshyfan to see what was happening or to lake sLeps to see to i t tbat the ubviol1~ resu lts would not occur-not n direct order but contributing nccmiddotssarily naturally and directly Lo Ihe Ullim3ll result

We maintain Sir thal if the AIshycused saw fit 0 issue a gcmral ordel to suppress gUerrillas und~r circummiddot tances as they exisled accolding 10

his own testimony he owed a uefinlll absolute duty furthermore to slC til it thal they did not opln wide the gal of hatred of his men lead ing them LO wreak vengeance upon the civilian popmiddot ulation Obviously he did not do Ih 11 That is parI of his responsibility

T he defense argued that General Yamashitas communications had

been cut The American were btwcen him and h is Batanga~ command Hi orees were tJjsintcgraLing And lhl

guerrillas had exhausted the palienc of the Japanese

Major Ken The derense cries that Yamash ita was too far away frum the seen of t he ballie too [ar removed rum the actual perpetrators justly t()

be charged and punishd Cor crimes ~f U10SC under him Yd his ve~ gowrnmiddot rnent his emire nation may lcgallv be held resporuible-cen fartbtr r lUoved lrom th~ pelplttrator anu frl)l11 the scene of the crime We say it is ID

accordance willi all Ule cslaNish~middotd principles of responsibility in the tie II of intcrnaUonaJ relations tballhe com manding officer as an indjvidual he held responsible

The prosecution not only bore down on Yamashitas responsibility for hi troopS it also argued tllat their action were an inevitable result of Ille kind of Wal the General had waged Major KelT The Delense saw fit to refci Lo the vic tims of the Japanese as UltO victims of war VicLims of warl Is this warfare We have another explanaUon or it We say they were victims of

Yamasbita T11ey are victims of the type of walfare Lhat was conducted by Yamash lla by the troops under him

On December7lY45 four years after Pead Harbor General Yamashita was en tcnced Lo hang Two-and-amiddothalf

montl s laler after the failure of an appeal to the Philippine and US Sushypreme Courts in the town of Lo

SR JULy is 190 1S

l )011 clon wa l l 10 1Ilb elbo ~ lIl1J1 (0 Oil tWill (() liar

Banolgt fifty miles I rom Batflngas Provshyin t lhaL entence wa carried out In su b cqucnt trials hteen soldiers were tried for their part in the Taal masshy acre Six including Colonel F ujisbige were hanged one was hot t fO were h n life enLencc on wa enlenced

to (hi t years anolhe[- to twenty-five years and a third to t enty years FOUL wer acquitted The two platoon Ie delS II ond Lieutenants Fukuoka and Ho aka received the lighlest senshytenc twentv-fi c and twenty car f

IC middotpectively The company co 1ll1Clndshycr Warrant Officer Kobaya hi reshye ie~ a life enlcnce The stiff r pcnshyalties were re erved for the higher talf un icer

GeJlera l Yamashitas record was a hI L on the military profession Genshyeral Ma All hur aid 1orU before lhe ~ecution ReVolting as thi rna be in it elf il pale bcfore U1e silli te and far-rea hing implication thereby atshytltJehed to the profes j n f rIDs Tile gtoldie be lie friend or lae i_~ cllGrgeti witll Ihe protectioll of the weak alld w4rmed bull WIell he IP io1ales lis (lcred tru t he 1101 01l1y profanes his Imllre clIlf bw threatens the very fabshyric of Inlema(ional soci f

In on of the la t interviews wi th Yamashita before hi death the subshyi ~l (If Ma Arthur was raised and Yamashita was 10 ay After ail it could ha been him

it ince the investigation implic t ing

f urI en higher-ranki ng officers in the Mvlal incident orne commentators hiln~ argued Lh t b US Army i apshyplying the PI in iple of Nurember to itself I1owcvcr the Mylai charges do 101 Quarely meet the quesUon of war ( imes in Vietnam it ~ ould be eto er

r

10 the truth to ay that the Mylai inshyv sliga on e ades the r eal rc ponsishybility rhe charge 0 far are aga inst Llw jn~ rumenl of the Pen Lagon policy m Vietnam rather tban against the polic~1 laken unmberg cone nlralmiddot

d on the latter War cnmes ere defined at u remmiddot

b g and Tok 0 a follow

I) c I~ RI tI Gl ST THi PEACE I an h planning prepar ation in itlashytiOll In aging o[ a war of aggression or ar in ioltion of international treatn- agreement or assurances or p rtklp31ion in a Commo n Plan or Conspll1llv ror the accomplishment o[ an of th~ foregoing (The pl nning ot a ltrC gtive Will was considered the sup TIl crime in the po twar lria l I 2) CL lI (1(1 US GAINST H MAJI tT y

bull arne murd r exterminaLion enmiddot slavement depoTtalion and other inmiddot hum nc a commi tted against any cii l i~n JloPuI tion before or during l~ 3r 01 persecution on poli ticc I 13cial or relIgious grounds in execushytion or in cQnn~lion w ilh any crime ifhin the jUJisd iction of the Tribunal whlI r Clr DOlin vi la li Il of omesmiddot Lie la of the country where peroeshyIratcJ

) ( W W l1IlES Nam I vi lashytion of the Inw or usrom of war Such iot Lions hall mclude but not he Iii il d 1 mUldcT ill-Ireatment or dCTlo talion of sin lab r 01 for any OU1C purpose of ciVi lian Population of or In occupied territory D1Urdetmiddot or ill-I atment of prisoners of war or pelS us on the seas killing of hosshyWg plunder of pub]jC or prla t proPlty want n uestruclion of ci t ies tuw or villaaes r devas tation not Jwti d b mililan nec ssi ty

I f und gui lt y Lt William L would bv the middottandard of the

Nuremberg Tokyo and Yama hila trials be a low-grade Clas r criminal But if Lieu t nant CtlIIe on tria l [or brutal itY () is the rch and destroy policy on trial Cor brutalshyizing him Tn Castalt ies of Wur Daniel Lang describe the effect of tbat puUcy on mencan troops

Day afler day oUl on patrol wed come [0 a narrow dirt path I In

throll8h orne habb village ant the ~Jdcrs wOlltd welcome us and the chilo dren ome runn ing with mil II Lh ir face wai t ing for candy d give tbem But at fhe other cnd of the p th i~ L as We wenIlavifil~ the ilmiddot lage b hind th enem would em n up on us and there was billlllI~S~ amODg us that the gt illagr h dn t given u w81l1ing All that mrm of us could think al such timtS Wil thal c wac lao) to b re3u to die r n 3

poople v ho defecated in publi - WhOl

food was dirtier tban anything III our garbage can back home Thinlli lilc t hal-well as r sa it cOlild cll nle some rl~ lI ows Tt cOl~ld keep Ihem lrom believing that life was 0 aluahlcshyanyone life 1 mean even tht Iwn Im not aving (hat e ery fellO who roughed up a ch ilian l iked hirn~dr

fur it hed s tart defndinll hat he d done many hour s ago b )1lng (uat after all it was no wo h 11

what harlie was doing

The bru tality of tl1 a r hUIwr and the criteria f culpabilil under Ihe uremberg and Yamashitu JPI1 emiddot den t middot are not limited to th p Ii or search and des tro Th 1vlai rL3 had according to Maj Gen William Peers who wa in charg I the Pentagons invest igation lrarulioJllHv been under Com munj I d n in tion IL was lherefore ubje t lu illln e bombardment from the air

By th nd or 1967 said Jon than Schell the author of l bl Ilk on Vietnam the des t ruction or society in Quangngai Province va n t meshything we were in d n gCI of doing It w someth ing that wus n in It completion About 70 per em hy m estimationo lh ilagcs in Ih I pnn shyince had been de troyed 10 I Iff Ihi dest IlJction Schel l explained had blCn done by American seri I bumbardshymenr prompLed by repomiddot 0 ilia cooperation h Lhe ietcong

MOgtt mcricans arc aar r the impersonal slaughter that takes place from tbe Vietnam e Lratu ph rI buL many are UlIltwar of its Sylcmali tnmiddot [en ilY or of other elemenLS or rallshydom brU Wlll

Te TPQ progralll (night be mbing ) -Every prmince in I Corps imludint Qua gng i ulilholized fiVe t L elve Jadar-guicled bom ing pel nilht Thte tactical on~bltr ~Lri care based on the cant ic t intdli 111 of

SRJULY 18 1910

enemy activity at a specific map coshyordinate A former in telligence agent who worked in this program said cnem hospitals were second only to fixed supply install ations when selectshying target priorities for TPO s trikes Deshy

troying enemy hospitals was stressed a~ a high priority in OUl Cambodian

lions by Vice President Agnew II)

enl television interview_ And yet merkan public wa~ so outraged

when sCTa l mortar rounds hit our huspilnl at Camranh Bay early in 1969

Operajail Tllor In a twenty-fourshyhuur pedod in the spring of 1968 c ixty B-i2 ~Irikls the largest number of lhlse arc light s trikes in Ule entire l1f cur a thr eemiddotkilometer-wide swath

outll Vietnam below the DMZ_ bullbull Lcmpl was made 10 delermim

whill illoges lay a long Ihis patch Such are Ihe dimension of military neceshy

itl it Vietnam RiJocafloll In the spring of 967

mcriean rcconnajssance planes Ilew UVCI 1 nmety-squarc-kilometer area or Ih~ central highlands which waS Dshy

habited by Ihe nomadic Moolagnard and knuwn as a regrouping area for

inliltration iDIO the coaslal a tca aruund Nhatrang and Tuyhoa The pUm(ISl or this mission was 10 identify CCQ mlulbited place Shorl ly after the JliJhIS troops of the Amencan Fourth Dirigtion moved i nto the area roundd up some 4000 Montagnards and look Ihem 10 a newl) built village called Edapnang The Montagnruds were

locHted sO t hat they could not serve Ihe enemy as bearers and food proshyduel ion personnel and SO the jungle could middotbe opemltl for unrestricted bombshying raids and big operations like Daklo

nd Hill 875 wbere American forces mstllincd 1654 casualties Through culshylum ignorance we provided water rom wells rather than the stream

walel lhat Montagnards were used lO bullt individual family housing ralher than Ihl cuslomary long hOUlCS and moved people during their planting season so that they had to be fed for eighhen monlllS As a result the popushylation of Edapenang dropped tram 4000 to 1000 Edapenang was the pet projrl L of the Fourth DiviSion CODlshymander in 1967-68 Genera l Peers

PllUeLx program The emphasis of this 9pcration which bas been incorshyreclly reported as assassination is on bringing io VC cadrcmen [rom vilshylages One device used toward this end is lh melallrace detection kit a CIA machine in which u llraviolet light is upposcd to detect tissue aberrations ithcr on a trigger finger or 00 th boulder where a lif1c butt wou ld be

placed In 1968 the kit was taken into hamlets in I Corps area villager rounded up a poncho set up like an old-time camera and each villager

SMJlJLy Itl 1970

~w~IZD-j My (hemp) ~ (lp call lick )our therapy group

ging in Vietnam not the fHce-lomiddotfacC middotgratuishyLOUS bru tality In Hannah Arendt term of Company C that causes the wholesale killing of Vietnamese civilshyians It is therelore nOl surprising that Col Oran K Henderson now charged with making false statements nnd false wearing testined to Ibe Pcn ngon in

1969 tha t he had seen thl bodin 01 only one woman and two children in Mvlai and believed they had been killed by ar tillery or lilal Col Thon TIlal Kicn the Ouangngai ProvIIHC chief als t ried to comrince himself I hilt slray artillery fi re had killed all thrse civilshyians Civilian death by artillery or air strike In a fTee fil-e zone is an Iccident of war k illing civilians with an M-16 is a crime if anyone hould darl to press charges

~~ Where does the culpability [or Mylai

top-wi th Calley with Westmoreland with McNamara with Johnson and Nixon or with the whole American people The Hague Connn iODS of 1899 and 1907 were based on l brand of warfare tbal could ImaginL n Lieushytenan t Calley but not a B-52 And thl pos twar tria ls of the Axis figures were careful to avoid charges aga lnst the enemy that were applicabk also to oursehes If tbe Allies had blcn anshy

quished in thal war any war trials would surely have centered on the area oC aerial bombardment and highshytechnology weaponry particularly the atuTaLion bombing oj Japan~c and

Gennan cities and the usc of the atom ic bomb 1)r Richard Falk the inlermiddot national law prorssor aL Princeton bas pointed oul the irony thaI the dav the United Statcs signtd tbc charto [or tbe InLernational Military Tribunal a1 Nuremberg August 8 1945 vas th day it dropped the atumimiddot bomb 011

agasaki With this gap Icil Iln middot plugged in the annals of wat tTinlc proceeilings lhe policy oC hightcchshyno]ogy warfare bus dctlopcd in Vilshynam wi thout louching the conscin- of America

The Defense Department admits 10

responslbillty TIle Plers ICpOlmiddott deshyvotes an entJIC chapter to the Pentagon d irecti ves and troop infor mation pamshyphlels regarding the Hague and Geneva convcntions and a solilicrs duty lOT spec I I he Vietnamcse and their cu-middot lom s concerning the need to bandl an enemy captive firmly promplhmiddot bllt humanely and Lo prolcct him against Violence insults curiosity and repri als of any kind BUL an=gt Vielnam d eran will tell you that the cards on the treatment of POWs and ciiharugt are handed to lhe incoming soldier WIth the same bureaucratic unconcern as are his DCW faligulS scrip and salt tablets

What is significant therefore IS not the paper policy but the practice Wlich will be more important Cor the combat

Jdier the Nine Rules for humane trea tmen t of the Vietnamese on a cal d in his wallet or a pcp talk about laking revenge on the gooklgt the night before an opera tion into PinkU1e

The fundamental question of the Calshyley tr ial relates to lhe Yamashila mal shyDoes the kind 01 war thaI we are fightshying in Vietnam make Mylais ineitashyble No Vietnam veteran is s]lockeu by Mylai He knows thaI thre wa~

(CollliHued 011 page 61)

17

always kept a ligh t Sev ral e)r the tribe~en rried long leaf-cr ted branches as Lhey walked At certain lime 0 the c leblatiou lalg nummiddot bers of men wou ld not only carr lhe

llcient La dino 1

1

An American Indian tribe may ha e ancestors in common with the Hebrews of tilt Bible

b JOR LEAR

Almos t 3500 year ago the ancestors

of one of Americas urviving Inmiddot dian tribe Came to the W lern

Hemisphere trom Lbe Mediterranean Sca

In the car 531 11bullbull another band of men rom the land of Canaan reacbed Lh h r of what is now Brazil

Such latem nt ouId have had no Chance of being taken eTiously u f r middot middotg But vdence thal th are true is circulatin in the scien1ifi commiddot monit lhi tlffimlJ ~ven a T1Ol fuyerdab I Ihe orwegian hero ot the KOIImiddotTiki raf t e)pccUti n eros the Pa ifil 0 ean ail the U l tic in a bo 1 mad of reeds ill Ius second atshytempltu prove that com 1unical iol beshyLwe n Ib( Old and the eW worlds bas been possible for tns of centurie

He crdahl did not Ileal about Ih e ancien mariners before bis reed boat put out from tbe loroccan pon of

afi last May he in rmalion had bCtn published in quiet scholarly i ourmiddot naL b Prof(SSQl Cyrus H Gordon heat of the depar-unenl o[ Meditershyranean studies at Bra Idel University hI) e iting are Ih ource of hat 1 haU report here

In HamLSaiPIi qllarterly of the nu riPl cil)ty Gordon publi hed ~ account or even ts that began on rhe

S mili an re erv lion at n BenshyninJ G 0 gJa The ruin of an o ld propmiddot erlY called Undenvood Mill lt re ther

mOng the ruin are om Oat Lones hat attracted the aUn livn lanfred 1 tcall a Fort B nning civ ilian emshy

plu (c hen he ~ assigned Lo build barbecult pit in 111C autum n of 1966 On E the tl nes thal M tcal ellO e

lor hi purpose Va- a sandstone lin ed brownish yello While clean ing i ilh I he intcn of pUlling it into the pit linmiddot lng Mel aIr noticed thaL the tone was insLI ibcd with odd m rki ng _ lIe de-

idcd Lhal the marks might be signifimiddot ~an ad that he h ulo turn th (one wr to the Columbus (Georgla) Mushycum 0 An and Crafts Io eph B Mahan Jr director of the

mu tum department f education and res ar h accepted the stone from

JU

Metcal Mahau is a specw list in Amerimiddot can I nclan archeology nd ethnology He happened at that m m nt l be Ludvi the culture of the Yuchl Inmiddot Jian lr c

TIlt I lis had lived in Georgia but h d Iw n urium ut of thei 11 me and had tol kd in kl huma in 1836 M han found tl em racia lly and linguist ica Ily diU rel II In othe lodi ns They aid the ha Icome to we [ern Georgia from lhe south The) lt1 0 id they had od inal n led America [r(lm the a I Th south could mean o nly the Gull f t i 0 ea t of whi h lay the Atmiddot

o

lshyI-

Similar signs In ton Minoan wrillng

11 11

I 0 laO

1000q

F 160

r 2

~t

V t -l Idoubte _ax(

~ Ingot

branche but would shake them ig rmiddot ously

Mah n aw a close resemblallce beshytween llii pilgrimage or Lhc I hi and the Hebrew Feast of Lh Booth (Tabemacl U1 ukkoth) He thought it was LOO 10 to be aniunmiddot lal The biblical Book of LeHicus 10 Chapltr 23 prescribes an i 1 yav harvest ce lebration starting un the llfshyteenlb day uf lh sacred mOI1lh During this period the people were LO h into

booth open to t11 ky bll Ctl Id for the oClasion w ilh folia fruits and vegetables Verse 37 of Chapter 23 of Leviticu mentions a count mali of the YUChl 11 re

Th fire is mimiddot iog rrom mod 111 Jc

i h ob ela ti n of the Feast o[ 0 h All other details however arc Lh olles Lhe Ylichi pra lice includinl the monial halting f bran hI and the cinumambulltltiDn~

Mahan had this lore of inlorm tion in bis h ad when MetcaU bruugh the

tone flom lhe ruin of t hl old nlll at Fort Benning Suppo-e the ULhls ~ re dtsc ndanl 0 lbe sam peupl rom whom the He rews sprang Might lhe ffiltlrkings on MctcaJrs s onc b clms La the Lory of ho thO LraIlge Indinn uibe had reached Georgia full the Mediterranean

B tIle spring of J968 Metcalr pc u lation aboul the tone becalll LOO

lrong f()[ him to contain an~ I IItler Ee enl a eaL o[ it 1 Prof I~ or ormiddot don at Brandeis Gordon mal h [he marking on 1111 tone agai u Char-Clcrs in the scnpt used by til llJn

people ho apj tal i1 Ibe Bronz -abouL 3- 0 veru ago- Knn 0

on the island of Crete Afler lUdying the in ripti n

duccd on p ge 34 Gordon con ludcd that the e werl affiniLie betwln it nd Minoan riling A be pUl it

The double-a in ner i of ours~ ICmilli Minoan ch i1i7alion The i n1 lines remi nd llS 01 the crtical In

standing eacb for the numenl I in til Aegean yllaban hit thl hIli clrclcs stand for 100 Tht plJk d circle al lbc beginninl of lh Ihil U Une might b a piclograph of thl un but 1 Lhink I t I S more Ilkcly gtI rc number like 1000 or 0000 In

lin an a circle wi tll rOUf nok equals 1000 On th Metcalt fone there are seven spokes sug C lJng th1t if 1000 is nOl he value prrh D it is some lanfer round number ucU as 10000 I

The numerals left ltim with the immiddot pression that the t xt may have b n

SRJULY t8 870

Page 2: Mylai has reopened the que tion of responsibility for war · to . Mylai . has reopened the que tion of responsibility for war crimes. So far the charges are against individual "lawbreakers,"

Mylai massacres by Americans twentyshythree years later lies nOl so much in the sim ilarity o r the atrocities but rathtr in the war crimes trials that folshy10we1 lhe Japanese actions and the principles that evolved from those lriab For not only lhe perpetrator were tried for these massacres but also General Yamashita himself As the fiNI major Japanese figure to be lried after the American victory on Sepo lem1~r 21945 General Yamashita was nIgtl charged for ordering the Batanga nlassacres or even knowing about them but simply tor fail ing Lo control rhe iroiJPs under his command

The lccused said the indictment a general of the Imperial Japanese

mH between 9 October 44 and 2 CP 45 at Manila and other places in

the Philippine lslands while commiddot mantli-r of armed forces of Japan at UJ~ middotith the United States and itgt allies unlawfullY disregarded and Cajlcu to discharge his duty as comshymandcl to con trol the operaLions of the mll11bers of his command pennitshyting lhem LO commit brutal atrocities ond uther high crimes against the peashyph o( the US and of its allies and dcpendencies particularly the Philipshypine and he (thl Accused) thereby iU1lhd the laws of war

Gcmral Yamashitas trial began in lal~~ Duober 1945 barely a month and a half aftcI VJ Day Tbe prosecution lallncJwu ib cast by parading scares of witnesses who testified to Uleir mj trealJTiClll by Japanese troops pnrticumiddot lnlW in Mani la and in B~llangas The illl middotok Times reported that The

cuut tu llinued to hear stories of so many all(Jcities lbat ptOple just ~aL

dazed jil theIr sealS But this techshyniqu1 (alsc) ucd at the Bertrand Russhysdl wOl climes trial held in Stuckholm

17 W protest American bombing ieln3m) was to be expected after r upening statement or lhe US proshy

clUIO Mljor Kerr I am frank to say Sir that this case

will nui be an easy one to hear nor a pleasant one to try We Americans ar a ChrbUan nalion we arc even a sentishymental nation lL certainlY shocks each ono ot liS 10 confronL Lbe Lruly horrible

cts of beings in Lhe form and shape of man tbat we must present to the commiddot mission in this proceeding [We do 1101] ~dcct in slancc~ on th basil that the- ElIt the most horrible the most l1uugtclling that might be presented to Ihe commission If we bring before the commi~sion a witness in a stretchtr (JCrmancnUy mutilated physically ruined [or life it is not because We

nueaoring to impress the commiddot missiun through the usc of shocng evidlntc it is simply becau~ the witmiddot fuSs ha a story o( factual infOffil3shytion which tllC commission should htBl ami because thal witness is a

competent and desirable exhibit of lhe ruthlessness of those vho ctJlQuered the Philjppines

Arter several week of gruesome tales from Philippinc civilians the trial moved to cross-examjnc he prinshycipals themselves Colonel Eljishtge lhe commander in Balangas as Quesshytioned about the killing of women and children and readily admitted giving orders to kill all persons who upposed the Japanese There were man~ in-lances he said where WOIJICIl hearmiddot

ing arms iuJlicted considerable llamshyage Lo my forces When 1 wuin an automobile a child threw a hnnd greshynade at me I told my troOps tbal if they were attacked by armed Women and children that 01 necessity bull the must be combatted

TechnjcaJly Colonel Fuii~l1i~e was on safe legal ground The Hagle Conmiddot vcntion No IV of 1907 wl1ich served as a main legal prccedent for t hI Yamashy

hita Tokyo a lld Nuremberg trialsshyas it will in lhc Mylai triaJgt-5upporti him The inha bitants of a IlrrHory (says Article 2) which has not been occupicd who on the appruilch of Lbe

nem y spon taocously take uparrns to resis t the invading troops lgthall be regarded as belligtllcnls if thl carry anns openly aod if they resp ct the laws and customs 01 war

The concep t of command responsimiddot bili ty hich grew ou t of theYaIlHlshita case carries culpabiuty beyontl pJici ty in atroci ties The Plo~ecutor con tended only lhat the accuse must J1tlVe known about atrocities because Ihey wetC so Widespread just as the Ameri can high command in Vletnam must have suspected atrocillcs thre However to tile prosecution in 1945 it was immaterial il Yama~hila kne how his orders were being carried OUI

These orders fTom Yamashita to mop up suppress the gueoilJas aid Major Kerr ob iously reultcd

in the Batangas area in the m~s killshyings which followed some time lnter

8aturdayRevietfJ Jul 18 1970

Of course these orders did not sa massacre all civilians He unleashetl the fury of bis men upon the helplc population and apparemly accordinj to the record made no subsequent elshyfan to see what was happening or to lake sLeps to see to i t tbat the ubviol1~ resu lts would not occur-not n direct order but contributing nccmiddotssarily naturally and directly Lo Ihe Ullim3ll result

We maintain Sir thal if the AIshycused saw fit 0 issue a gcmral ordel to suppress gUerrillas und~r circummiddot tances as they exisled accolding 10

his own testimony he owed a uefinlll absolute duty furthermore to slC til it thal they did not opln wide the gal of hatred of his men lead ing them LO wreak vengeance upon the civilian popmiddot ulation Obviously he did not do Ih 11 That is parI of his responsibility

T he defense argued that General Yamashitas communications had

been cut The American were btwcen him and h is Batanga~ command Hi orees were tJjsintcgraLing And lhl

guerrillas had exhausted the palienc of the Japanese

Major Ken The derense cries that Yamash ita was too far away frum the seen of t he ballie too [ar removed rum the actual perpetrators justly t()

be charged and punishd Cor crimes ~f U10SC under him Yd his ve~ gowrnmiddot rnent his emire nation may lcgallv be held resporuible-cen fartbtr r lUoved lrom th~ pelplttrator anu frl)l11 the scene of the crime We say it is ID

accordance willi all Ule cslaNish~middotd principles of responsibility in the tie II of intcrnaUonaJ relations tballhe com manding officer as an indjvidual he held responsible

The prosecution not only bore down on Yamashitas responsibility for hi troopS it also argued tllat their action were an inevitable result of Ille kind of Wal the General had waged Major KelT The Delense saw fit to refci Lo the vic tims of the Japanese as UltO victims of war VicLims of warl Is this warfare We have another explanaUon or it We say they were victims of

Yamasbita T11ey are victims of the type of walfare Lhat was conducted by Yamash lla by the troops under him

On December7lY45 four years after Pead Harbor General Yamashita was en tcnced Lo hang Two-and-amiddothalf

montl s laler after the failure of an appeal to the Philippine and US Sushypreme Courts in the town of Lo

SR JULy is 190 1S

l )011 clon wa l l 10 1Ilb elbo ~ lIl1J1 (0 Oil tWill (() liar

Banolgt fifty miles I rom Batflngas Provshyin t lhaL entence wa carried out In su b cqucnt trials hteen soldiers were tried for their part in the Taal masshy acre Six including Colonel F ujisbige were hanged one was hot t fO were h n life enLencc on wa enlenced

to (hi t years anolhe[- to twenty-five years and a third to t enty years FOUL wer acquitted The two platoon Ie delS II ond Lieutenants Fukuoka and Ho aka received the lighlest senshytenc twentv-fi c and twenty car f

IC middotpectively The company co 1ll1Clndshycr Warrant Officer Kobaya hi reshye ie~ a life enlcnce The stiff r pcnshyalties were re erved for the higher talf un icer

GeJlera l Yamashitas record was a hI L on the military profession Genshyeral Ma All hur aid 1orU before lhe ~ecution ReVolting as thi rna be in it elf il pale bcfore U1e silli te and far-rea hing implication thereby atshytltJehed to the profes j n f rIDs Tile gtoldie be lie friend or lae i_~ cllGrgeti witll Ihe protectioll of the weak alld w4rmed bull WIell he IP io1ales lis (lcred tru t he 1101 01l1y profanes his Imllre clIlf bw threatens the very fabshyric of Inlema(ional soci f

In on of the la t interviews wi th Yamashita before hi death the subshyi ~l (If Ma Arthur was raised and Yamashita was 10 ay After ail it could ha been him

it ince the investigation implic t ing

f urI en higher-ranki ng officers in the Mvlal incident orne commentators hiln~ argued Lh t b US Army i apshyplying the PI in iple of Nurember to itself I1owcvcr the Mylai charges do 101 Quarely meet the quesUon of war ( imes in Vietnam it ~ ould be eto er

r

10 the truth to ay that the Mylai inshyv sliga on e ades the r eal rc ponsishybility rhe charge 0 far are aga inst Llw jn~ rumenl of the Pen Lagon policy m Vietnam rather tban against the polic~1 laken unmberg cone nlralmiddot

d on the latter War cnmes ere defined at u remmiddot

b g and Tok 0 a follow

I) c I~ RI tI Gl ST THi PEACE I an h planning prepar ation in itlashytiOll In aging o[ a war of aggression or ar in ioltion of international treatn- agreement or assurances or p rtklp31ion in a Commo n Plan or Conspll1llv ror the accomplishment o[ an of th~ foregoing (The pl nning ot a ltrC gtive Will was considered the sup TIl crime in the po twar lria l I 2) CL lI (1(1 US GAINST H MAJI tT y

bull arne murd r exterminaLion enmiddot slavement depoTtalion and other inmiddot hum nc a commi tted against any cii l i~n JloPuI tion before or during l~ 3r 01 persecution on poli ticc I 13cial or relIgious grounds in execushytion or in cQnn~lion w ilh any crime ifhin the jUJisd iction of the Tribunal whlI r Clr DOlin vi la li Il of omesmiddot Lie la of the country where peroeshyIratcJ

) ( W W l1IlES Nam I vi lashytion of the Inw or usrom of war Such iot Lions hall mclude but not he Iii il d 1 mUldcT ill-Ireatment or dCTlo talion of sin lab r 01 for any OU1C purpose of ciVi lian Population of or In occupied territory D1Urdetmiddot or ill-I atment of prisoners of war or pelS us on the seas killing of hosshyWg plunder of pub]jC or prla t proPlty want n uestruclion of ci t ies tuw or villaaes r devas tation not Jwti d b mililan nec ssi ty

I f und gui lt y Lt William L would bv the middottandard of the

Nuremberg Tokyo and Yama hila trials be a low-grade Clas r criminal But if Lieu t nant CtlIIe on tria l [or brutal itY () is the rch and destroy policy on trial Cor brutalshyizing him Tn Castalt ies of Wur Daniel Lang describe the effect of tbat puUcy on mencan troops

Day afler day oUl on patrol wed come [0 a narrow dirt path I In

throll8h orne habb village ant the ~Jdcrs wOlltd welcome us and the chilo dren ome runn ing with mil II Lh ir face wai t ing for candy d give tbem But at fhe other cnd of the p th i~ L as We wenIlavifil~ the ilmiddot lage b hind th enem would em n up on us and there was billlllI~S~ amODg us that the gt illagr h dn t given u w81l1ing All that mrm of us could think al such timtS Wil thal c wac lao) to b re3u to die r n 3

poople v ho defecated in publi - WhOl

food was dirtier tban anything III our garbage can back home Thinlli lilc t hal-well as r sa it cOlild cll nle some rl~ lI ows Tt cOl~ld keep Ihem lrom believing that life was 0 aluahlcshyanyone life 1 mean even tht Iwn Im not aving (hat e ery fellO who roughed up a ch ilian l iked hirn~dr

fur it hed s tart defndinll hat he d done many hour s ago b )1lng (uat after all it was no wo h 11

what harlie was doing

The bru tality of tl1 a r hUIwr and the criteria f culpabilil under Ihe uremberg and Yamashitu JPI1 emiddot den t middot are not limited to th p Ii or search and des tro Th 1vlai rL3 had according to Maj Gen William Peers who wa in charg I the Pentagons invest igation lrarulioJllHv been under Com munj I d n in tion IL was lherefore ubje t lu illln e bombardment from the air

By th nd or 1967 said Jon than Schell the author of l bl Ilk on Vietnam the des t ruction or society in Quangngai Province va n t meshything we were in d n gCI of doing It w someth ing that wus n in It completion About 70 per em hy m estimationo lh ilagcs in Ih I pnn shyince had been de troyed 10 I Iff Ihi dest IlJction Schel l explained had blCn done by American seri I bumbardshymenr prompLed by repomiddot 0 ilia cooperation h Lhe ietcong

MOgtt mcricans arc aar r the impersonal slaughter that takes place from tbe Vietnam e Lratu ph rI buL many are UlIltwar of its Sylcmali tnmiddot [en ilY or of other elemenLS or rallshydom brU Wlll

Te TPQ progralll (night be mbing ) -Every prmince in I Corps imludint Qua gng i ulilholized fiVe t L elve Jadar-guicled bom ing pel nilht Thte tactical on~bltr ~Lri care based on the cant ic t intdli 111 of

SRJULY 18 1910

enemy activity at a specific map coshyordinate A former in telligence agent who worked in this program said cnem hospitals were second only to fixed supply install ations when selectshying target priorities for TPO s trikes Deshy

troying enemy hospitals was stressed a~ a high priority in OUl Cambodian

lions by Vice President Agnew II)

enl television interview_ And yet merkan public wa~ so outraged

when sCTa l mortar rounds hit our huspilnl at Camranh Bay early in 1969

Operajail Tllor In a twenty-fourshyhuur pedod in the spring of 1968 c ixty B-i2 ~Irikls the largest number of lhlse arc light s trikes in Ule entire l1f cur a thr eemiddotkilometer-wide swath

outll Vietnam below the DMZ_ bullbull Lcmpl was made 10 delermim

whill illoges lay a long Ihis patch Such are Ihe dimension of military neceshy

itl it Vietnam RiJocafloll In the spring of 967

mcriean rcconnajssance planes Ilew UVCI 1 nmety-squarc-kilometer area or Ih~ central highlands which waS Dshy

habited by Ihe nomadic Moolagnard and knuwn as a regrouping area for

inliltration iDIO the coaslal a tca aruund Nhatrang and Tuyhoa The pUm(ISl or this mission was 10 identify CCQ mlulbited place Shorl ly after the JliJhIS troops of the Amencan Fourth Dirigtion moved i nto the area roundd up some 4000 Montagnards and look Ihem 10 a newl) built village called Edapnang The Montagnruds were

locHted sO t hat they could not serve Ihe enemy as bearers and food proshyduel ion personnel and SO the jungle could middotbe opemltl for unrestricted bombshying raids and big operations like Daklo

nd Hill 875 wbere American forces mstllincd 1654 casualties Through culshylum ignorance we provided water rom wells rather than the stream

walel lhat Montagnards were used lO bullt individual family housing ralher than Ihl cuslomary long hOUlCS and moved people during their planting season so that they had to be fed for eighhen monlllS As a result the popushylation of Edapenang dropped tram 4000 to 1000 Edapenang was the pet projrl L of the Fourth DiviSion CODlshymander in 1967-68 Genera l Peers

PllUeLx program The emphasis of this 9pcration which bas been incorshyreclly reported as assassination is on bringing io VC cadrcmen [rom vilshylages One device used toward this end is lh melallrace detection kit a CIA machine in which u llraviolet light is upposcd to detect tissue aberrations ithcr on a trigger finger or 00 th boulder where a lif1c butt wou ld be

placed In 1968 the kit was taken into hamlets in I Corps area villager rounded up a poncho set up like an old-time camera and each villager

SMJlJLy Itl 1970

~w~IZD-j My (hemp) ~ (lp call lick )our therapy group

ging in Vietnam not the fHce-lomiddotfacC middotgratuishyLOUS bru tality In Hannah Arendt term of Company C that causes the wholesale killing of Vietnamese civilshyians It is therelore nOl surprising that Col Oran K Henderson now charged with making false statements nnd false wearing testined to Ibe Pcn ngon in

1969 tha t he had seen thl bodin 01 only one woman and two children in Mvlai and believed they had been killed by ar tillery or lilal Col Thon TIlal Kicn the Ouangngai ProvIIHC chief als t ried to comrince himself I hilt slray artillery fi re had killed all thrse civilshyians Civilian death by artillery or air strike In a fTee fil-e zone is an Iccident of war k illing civilians with an M-16 is a crime if anyone hould darl to press charges

~~ Where does the culpability [or Mylai

top-wi th Calley with Westmoreland with McNamara with Johnson and Nixon or with the whole American people The Hague Connn iODS of 1899 and 1907 were based on l brand of warfare tbal could ImaginL n Lieushytenan t Calley but not a B-52 And thl pos twar tria ls of the Axis figures were careful to avoid charges aga lnst the enemy that were applicabk also to oursehes If tbe Allies had blcn anshy

quished in thal war any war trials would surely have centered on the area oC aerial bombardment and highshytechnology weaponry particularly the atuTaLion bombing oj Japan~c and

Gennan cities and the usc of the atom ic bomb 1)r Richard Falk the inlermiddot national law prorssor aL Princeton bas pointed oul the irony thaI the dav the United Statcs signtd tbc charto [or tbe InLernational Military Tribunal a1 Nuremberg August 8 1945 vas th day it dropped the atumimiddot bomb 011

agasaki With this gap Icil Iln middot plugged in the annals of wat tTinlc proceeilings lhe policy oC hightcchshyno]ogy warfare bus dctlopcd in Vilshynam wi thout louching the conscin- of America

The Defense Department admits 10

responslbillty TIle Plers ICpOlmiddott deshyvotes an entJIC chapter to the Pentagon d irecti ves and troop infor mation pamshyphlels regarding the Hague and Geneva convcntions and a solilicrs duty lOT spec I I he Vietnamcse and their cu-middot lom s concerning the need to bandl an enemy captive firmly promplhmiddot bllt humanely and Lo prolcct him against Violence insults curiosity and repri als of any kind BUL an=gt Vielnam d eran will tell you that the cards on the treatment of POWs and ciiharugt are handed to lhe incoming soldier WIth the same bureaucratic unconcern as are his DCW faligulS scrip and salt tablets

What is significant therefore IS not the paper policy but the practice Wlich will be more important Cor the combat

Jdier the Nine Rules for humane trea tmen t of the Vietnamese on a cal d in his wallet or a pcp talk about laking revenge on the gooklgt the night before an opera tion into PinkU1e

The fundamental question of the Calshyley tr ial relates to lhe Yamashila mal shyDoes the kind 01 war thaI we are fightshying in Vietnam make Mylais ineitashyble No Vietnam veteran is s]lockeu by Mylai He knows thaI thre wa~

(CollliHued 011 page 61)

17

always kept a ligh t Sev ral e)r the tribe~en rried long leaf-cr ted branches as Lhey walked At certain lime 0 the c leblatiou lalg nummiddot bers of men wou ld not only carr lhe

llcient La dino 1

1

An American Indian tribe may ha e ancestors in common with the Hebrews of tilt Bible

b JOR LEAR

Almos t 3500 year ago the ancestors

of one of Americas urviving Inmiddot dian tribe Came to the W lern

Hemisphere trom Lbe Mediterranean Sca

In the car 531 11bullbull another band of men rom the land of Canaan reacbed Lh h r of what is now Brazil

Such latem nt ouId have had no Chance of being taken eTiously u f r middot middotg But vdence thal th are true is circulatin in the scien1ifi commiddot monit lhi tlffimlJ ~ven a T1Ol fuyerdab I Ihe orwegian hero ot the KOIImiddotTiki raf t e)pccUti n eros the Pa ifil 0 ean ail the U l tic in a bo 1 mad of reeds ill Ius second atshytempltu prove that com 1unical iol beshyLwe n Ib( Old and the eW worlds bas been possible for tns of centurie

He crdahl did not Ileal about Ih e ancien mariners before bis reed boat put out from tbe loroccan pon of

afi last May he in rmalion had bCtn published in quiet scholarly i ourmiddot naL b Prof(SSQl Cyrus H Gordon heat of the depar-unenl o[ Meditershyranean studies at Bra Idel University hI) e iting are Ih ource of hat 1 haU report here

In HamLSaiPIi qllarterly of the nu riPl cil)ty Gordon publi hed ~ account or even ts that began on rhe

S mili an re erv lion at n BenshyninJ G 0 gJa The ruin of an o ld propmiddot erlY called Undenvood Mill lt re ther

mOng the ruin are om Oat Lones hat attracted the aUn livn lanfred 1 tcall a Fort B nning civ ilian emshy

plu (c hen he ~ assigned Lo build barbecult pit in 111C autum n of 1966 On E the tl nes thal M tcal ellO e

lor hi purpose Va- a sandstone lin ed brownish yello While clean ing i ilh I he intcn of pUlling it into the pit linmiddot lng Mel aIr noticed thaL the tone was insLI ibcd with odd m rki ng _ lIe de-

idcd Lhal the marks might be signifimiddot ~an ad that he h ulo turn th (one wr to the Columbus (Georgla) Mushycum 0 An and Crafts Io eph B Mahan Jr director of the

mu tum department f education and res ar h accepted the stone from

JU

Metcal Mahau is a specw list in Amerimiddot can I nclan archeology nd ethnology He happened at that m m nt l be Ludvi the culture of the Yuchl Inmiddot Jian lr c

TIlt I lis had lived in Georgia but h d Iw n urium ut of thei 11 me and had tol kd in kl huma in 1836 M han found tl em racia lly and linguist ica Ily diU rel II In othe lodi ns They aid the ha Icome to we [ern Georgia from lhe south The) lt1 0 id they had od inal n led America [r(lm the a I Th south could mean o nly the Gull f t i 0 ea t of whi h lay the Atmiddot

o

lshyI-

Similar signs In ton Minoan wrillng

11 11

I 0 laO

1000q

F 160

r 2

~t

V t -l Idoubte _ax(

~ Ingot

branche but would shake them ig rmiddot ously

Mah n aw a close resemblallce beshytween llii pilgrimage or Lhc I hi and the Hebrew Feast of Lh Booth (Tabemacl U1 ukkoth) He thought it was LOO 10 to be aniunmiddot lal The biblical Book of LeHicus 10 Chapltr 23 prescribes an i 1 yav harvest ce lebration starting un the llfshyteenlb day uf lh sacred mOI1lh During this period the people were LO h into

booth open to t11 ky bll Ctl Id for the oClasion w ilh folia fruits and vegetables Verse 37 of Chapter 23 of Leviticu mentions a count mali of the YUChl 11 re

Th fire is mimiddot iog rrom mod 111 Jc

i h ob ela ti n of the Feast o[ 0 h All other details however arc Lh olles Lhe Ylichi pra lice includinl the monial halting f bran hI and the cinumambulltltiDn~

Mahan had this lore of inlorm tion in bis h ad when MetcaU bruugh the

tone flom lhe ruin of t hl old nlll at Fort Benning Suppo-e the ULhls ~ re dtsc ndanl 0 lbe sam peupl rom whom the He rews sprang Might lhe ffiltlrkings on MctcaJrs s onc b clms La the Lory of ho thO LraIlge Indinn uibe had reached Georgia full the Mediterranean

B tIle spring of J968 Metcalr pc u lation aboul the tone becalll LOO

lrong f()[ him to contain an~ I IItler Ee enl a eaL o[ it 1 Prof I~ or ormiddot don at Brandeis Gordon mal h [he marking on 1111 tone agai u Char-Clcrs in the scnpt used by til llJn

people ho apj tal i1 Ibe Bronz -abouL 3- 0 veru ago- Knn 0

on the island of Crete Afler lUdying the in ripti n

duccd on p ge 34 Gordon con ludcd that the e werl affiniLie betwln it nd Minoan riling A be pUl it

The double-a in ner i of ours~ ICmilli Minoan ch i1i7alion The i n1 lines remi nd llS 01 the crtical In

standing eacb for the numenl I in til Aegean yllaban hit thl hIli clrclcs stand for 100 Tht plJk d circle al lbc beginninl of lh Ihil U Une might b a piclograph of thl un but 1 Lhink I t I S more Ilkcly gtI rc number like 1000 or 0000 In

lin an a circle wi tll rOUf nok equals 1000 On th Metcalt fone there are seven spokes sug C lJng th1t if 1000 is nOl he value prrh D it is some lanfer round number ucU as 10000 I

The numerals left ltim with the immiddot pression that the t xt may have b n

SRJULY t8 870

Page 3: Mylai has reopened the que tion of responsibility for war · to . Mylai . has reopened the que tion of responsibility for war crimes. So far the charges are against individual "lawbreakers,"

l )011 clon wa l l 10 1Ilb elbo ~ lIl1J1 (0 Oil tWill (() liar

Banolgt fifty miles I rom Batflngas Provshyin t lhaL entence wa carried out In su b cqucnt trials hteen soldiers were tried for their part in the Taal masshy acre Six including Colonel F ujisbige were hanged one was hot t fO were h n life enLencc on wa enlenced

to (hi t years anolhe[- to twenty-five years and a third to t enty years FOUL wer acquitted The two platoon Ie delS II ond Lieutenants Fukuoka and Ho aka received the lighlest senshytenc twentv-fi c and twenty car f

IC middotpectively The company co 1ll1Clndshycr Warrant Officer Kobaya hi reshye ie~ a life enlcnce The stiff r pcnshyalties were re erved for the higher talf un icer

GeJlera l Yamashitas record was a hI L on the military profession Genshyeral Ma All hur aid 1orU before lhe ~ecution ReVolting as thi rna be in it elf il pale bcfore U1e silli te and far-rea hing implication thereby atshytltJehed to the profes j n f rIDs Tile gtoldie be lie friend or lae i_~ cllGrgeti witll Ihe protectioll of the weak alld w4rmed bull WIell he IP io1ales lis (lcred tru t he 1101 01l1y profanes his Imllre clIlf bw threatens the very fabshyric of Inlema(ional soci f

In on of the la t interviews wi th Yamashita before hi death the subshyi ~l (If Ma Arthur was raised and Yamashita was 10 ay After ail it could ha been him

it ince the investigation implic t ing

f urI en higher-ranki ng officers in the Mvlal incident orne commentators hiln~ argued Lh t b US Army i apshyplying the PI in iple of Nurember to itself I1owcvcr the Mylai charges do 101 Quarely meet the quesUon of war ( imes in Vietnam it ~ ould be eto er

r

10 the truth to ay that the Mylai inshyv sliga on e ades the r eal rc ponsishybility rhe charge 0 far are aga inst Llw jn~ rumenl of the Pen Lagon policy m Vietnam rather tban against the polic~1 laken unmberg cone nlralmiddot

d on the latter War cnmes ere defined at u remmiddot

b g and Tok 0 a follow

I) c I~ RI tI Gl ST THi PEACE I an h planning prepar ation in itlashytiOll In aging o[ a war of aggression or ar in ioltion of international treatn- agreement or assurances or p rtklp31ion in a Commo n Plan or Conspll1llv ror the accomplishment o[ an of th~ foregoing (The pl nning ot a ltrC gtive Will was considered the sup TIl crime in the po twar lria l I 2) CL lI (1(1 US GAINST H MAJI tT y

bull arne murd r exterminaLion enmiddot slavement depoTtalion and other inmiddot hum nc a commi tted against any cii l i~n JloPuI tion before or during l~ 3r 01 persecution on poli ticc I 13cial or relIgious grounds in execushytion or in cQnn~lion w ilh any crime ifhin the jUJisd iction of the Tribunal whlI r Clr DOlin vi la li Il of omesmiddot Lie la of the country where peroeshyIratcJ

) ( W W l1IlES Nam I vi lashytion of the Inw or usrom of war Such iot Lions hall mclude but not he Iii il d 1 mUldcT ill-Ireatment or dCTlo talion of sin lab r 01 for any OU1C purpose of ciVi lian Population of or In occupied territory D1Urdetmiddot or ill-I atment of prisoners of war or pelS us on the seas killing of hosshyWg plunder of pub]jC or prla t proPlty want n uestruclion of ci t ies tuw or villaaes r devas tation not Jwti d b mililan nec ssi ty

I f und gui lt y Lt William L would bv the middottandard of the

Nuremberg Tokyo and Yama hila trials be a low-grade Clas r criminal But if Lieu t nant CtlIIe on tria l [or brutal itY () is the rch and destroy policy on trial Cor brutalshyizing him Tn Castalt ies of Wur Daniel Lang describe the effect of tbat puUcy on mencan troops

Day afler day oUl on patrol wed come [0 a narrow dirt path I In

throll8h orne habb village ant the ~Jdcrs wOlltd welcome us and the chilo dren ome runn ing with mil II Lh ir face wai t ing for candy d give tbem But at fhe other cnd of the p th i~ L as We wenIlavifil~ the ilmiddot lage b hind th enem would em n up on us and there was billlllI~S~ amODg us that the gt illagr h dn t given u w81l1ing All that mrm of us could think al such timtS Wil thal c wac lao) to b re3u to die r n 3

poople v ho defecated in publi - WhOl

food was dirtier tban anything III our garbage can back home Thinlli lilc t hal-well as r sa it cOlild cll nle some rl~ lI ows Tt cOl~ld keep Ihem lrom believing that life was 0 aluahlcshyanyone life 1 mean even tht Iwn Im not aving (hat e ery fellO who roughed up a ch ilian l iked hirn~dr

fur it hed s tart defndinll hat he d done many hour s ago b )1lng (uat after all it was no wo h 11

what harlie was doing

The bru tality of tl1 a r hUIwr and the criteria f culpabilil under Ihe uremberg and Yamashitu JPI1 emiddot den t middot are not limited to th p Ii or search and des tro Th 1vlai rL3 had according to Maj Gen William Peers who wa in charg I the Pentagons invest igation lrarulioJllHv been under Com munj I d n in tion IL was lherefore ubje t lu illln e bombardment from the air

By th nd or 1967 said Jon than Schell the author of l bl Ilk on Vietnam the des t ruction or society in Quangngai Province va n t meshything we were in d n gCI of doing It w someth ing that wus n in It completion About 70 per em hy m estimationo lh ilagcs in Ih I pnn shyince had been de troyed 10 I Iff Ihi dest IlJction Schel l explained had blCn done by American seri I bumbardshymenr prompLed by repomiddot 0 ilia cooperation h Lhe ietcong

MOgtt mcricans arc aar r the impersonal slaughter that takes place from tbe Vietnam e Lratu ph rI buL many are UlIltwar of its Sylcmali tnmiddot [en ilY or of other elemenLS or rallshydom brU Wlll

Te TPQ progralll (night be mbing ) -Every prmince in I Corps imludint Qua gng i ulilholized fiVe t L elve Jadar-guicled bom ing pel nilht Thte tactical on~bltr ~Lri care based on the cant ic t intdli 111 of

SRJULY 18 1910

enemy activity at a specific map coshyordinate A former in telligence agent who worked in this program said cnem hospitals were second only to fixed supply install ations when selectshying target priorities for TPO s trikes Deshy

troying enemy hospitals was stressed a~ a high priority in OUl Cambodian

lions by Vice President Agnew II)

enl television interview_ And yet merkan public wa~ so outraged

when sCTa l mortar rounds hit our huspilnl at Camranh Bay early in 1969

Operajail Tllor In a twenty-fourshyhuur pedod in the spring of 1968 c ixty B-i2 ~Irikls the largest number of lhlse arc light s trikes in Ule entire l1f cur a thr eemiddotkilometer-wide swath

outll Vietnam below the DMZ_ bullbull Lcmpl was made 10 delermim

whill illoges lay a long Ihis patch Such are Ihe dimension of military neceshy

itl it Vietnam RiJocafloll In the spring of 967

mcriean rcconnajssance planes Ilew UVCI 1 nmety-squarc-kilometer area or Ih~ central highlands which waS Dshy

habited by Ihe nomadic Moolagnard and knuwn as a regrouping area for

inliltration iDIO the coaslal a tca aruund Nhatrang and Tuyhoa The pUm(ISl or this mission was 10 identify CCQ mlulbited place Shorl ly after the JliJhIS troops of the Amencan Fourth Dirigtion moved i nto the area roundd up some 4000 Montagnards and look Ihem 10 a newl) built village called Edapnang The Montagnruds were

locHted sO t hat they could not serve Ihe enemy as bearers and food proshyduel ion personnel and SO the jungle could middotbe opemltl for unrestricted bombshying raids and big operations like Daklo

nd Hill 875 wbere American forces mstllincd 1654 casualties Through culshylum ignorance we provided water rom wells rather than the stream

walel lhat Montagnards were used lO bullt individual family housing ralher than Ihl cuslomary long hOUlCS and moved people during their planting season so that they had to be fed for eighhen monlllS As a result the popushylation of Edapenang dropped tram 4000 to 1000 Edapenang was the pet projrl L of the Fourth DiviSion CODlshymander in 1967-68 Genera l Peers

PllUeLx program The emphasis of this 9pcration which bas been incorshyreclly reported as assassination is on bringing io VC cadrcmen [rom vilshylages One device used toward this end is lh melallrace detection kit a CIA machine in which u llraviolet light is upposcd to detect tissue aberrations ithcr on a trigger finger or 00 th boulder where a lif1c butt wou ld be

placed In 1968 the kit was taken into hamlets in I Corps area villager rounded up a poncho set up like an old-time camera and each villager

SMJlJLy Itl 1970

~w~IZD-j My (hemp) ~ (lp call lick )our therapy group

ging in Vietnam not the fHce-lomiddotfacC middotgratuishyLOUS bru tality In Hannah Arendt term of Company C that causes the wholesale killing of Vietnamese civilshyians It is therelore nOl surprising that Col Oran K Henderson now charged with making false statements nnd false wearing testined to Ibe Pcn ngon in

1969 tha t he had seen thl bodin 01 only one woman and two children in Mvlai and believed they had been killed by ar tillery or lilal Col Thon TIlal Kicn the Ouangngai ProvIIHC chief als t ried to comrince himself I hilt slray artillery fi re had killed all thrse civilshyians Civilian death by artillery or air strike In a fTee fil-e zone is an Iccident of war k illing civilians with an M-16 is a crime if anyone hould darl to press charges

~~ Where does the culpability [or Mylai

top-wi th Calley with Westmoreland with McNamara with Johnson and Nixon or with the whole American people The Hague Connn iODS of 1899 and 1907 were based on l brand of warfare tbal could ImaginL n Lieushytenan t Calley but not a B-52 And thl pos twar tria ls of the Axis figures were careful to avoid charges aga lnst the enemy that were applicabk also to oursehes If tbe Allies had blcn anshy

quished in thal war any war trials would surely have centered on the area oC aerial bombardment and highshytechnology weaponry particularly the atuTaLion bombing oj Japan~c and

Gennan cities and the usc of the atom ic bomb 1)r Richard Falk the inlermiddot national law prorssor aL Princeton bas pointed oul the irony thaI the dav the United Statcs signtd tbc charto [or tbe InLernational Military Tribunal a1 Nuremberg August 8 1945 vas th day it dropped the atumimiddot bomb 011

agasaki With this gap Icil Iln middot plugged in the annals of wat tTinlc proceeilings lhe policy oC hightcchshyno]ogy warfare bus dctlopcd in Vilshynam wi thout louching the conscin- of America

The Defense Department admits 10

responslbillty TIle Plers ICpOlmiddott deshyvotes an entJIC chapter to the Pentagon d irecti ves and troop infor mation pamshyphlels regarding the Hague and Geneva convcntions and a solilicrs duty lOT spec I I he Vietnamcse and their cu-middot lom s concerning the need to bandl an enemy captive firmly promplhmiddot bllt humanely and Lo prolcct him against Violence insults curiosity and repri als of any kind BUL an=gt Vielnam d eran will tell you that the cards on the treatment of POWs and ciiharugt are handed to lhe incoming soldier WIth the same bureaucratic unconcern as are his DCW faligulS scrip and salt tablets

What is significant therefore IS not the paper policy but the practice Wlich will be more important Cor the combat

Jdier the Nine Rules for humane trea tmen t of the Vietnamese on a cal d in his wallet or a pcp talk about laking revenge on the gooklgt the night before an opera tion into PinkU1e

The fundamental question of the Calshyley tr ial relates to lhe Yamashila mal shyDoes the kind 01 war thaI we are fightshying in Vietnam make Mylais ineitashyble No Vietnam veteran is s]lockeu by Mylai He knows thaI thre wa~

(CollliHued 011 page 61)

17

always kept a ligh t Sev ral e)r the tribe~en rried long leaf-cr ted branches as Lhey walked At certain lime 0 the c leblatiou lalg nummiddot bers of men wou ld not only carr lhe

llcient La dino 1

1

An American Indian tribe may ha e ancestors in common with the Hebrews of tilt Bible

b JOR LEAR

Almos t 3500 year ago the ancestors

of one of Americas urviving Inmiddot dian tribe Came to the W lern

Hemisphere trom Lbe Mediterranean Sca

In the car 531 11bullbull another band of men rom the land of Canaan reacbed Lh h r of what is now Brazil

Such latem nt ouId have had no Chance of being taken eTiously u f r middot middotg But vdence thal th are true is circulatin in the scien1ifi commiddot monit lhi tlffimlJ ~ven a T1Ol fuyerdab I Ihe orwegian hero ot the KOIImiddotTiki raf t e)pccUti n eros the Pa ifil 0 ean ail the U l tic in a bo 1 mad of reeds ill Ius second atshytempltu prove that com 1unical iol beshyLwe n Ib( Old and the eW worlds bas been possible for tns of centurie

He crdahl did not Ileal about Ih e ancien mariners before bis reed boat put out from tbe loroccan pon of

afi last May he in rmalion had bCtn published in quiet scholarly i ourmiddot naL b Prof(SSQl Cyrus H Gordon heat of the depar-unenl o[ Meditershyranean studies at Bra Idel University hI) e iting are Ih ource of hat 1 haU report here

In HamLSaiPIi qllarterly of the nu riPl cil)ty Gordon publi hed ~ account or even ts that began on rhe

S mili an re erv lion at n BenshyninJ G 0 gJa The ruin of an o ld propmiddot erlY called Undenvood Mill lt re ther

mOng the ruin are om Oat Lones hat attracted the aUn livn lanfred 1 tcall a Fort B nning civ ilian emshy

plu (c hen he ~ assigned Lo build barbecult pit in 111C autum n of 1966 On E the tl nes thal M tcal ellO e

lor hi purpose Va- a sandstone lin ed brownish yello While clean ing i ilh I he intcn of pUlling it into the pit linmiddot lng Mel aIr noticed thaL the tone was insLI ibcd with odd m rki ng _ lIe de-

idcd Lhal the marks might be signifimiddot ~an ad that he h ulo turn th (one wr to the Columbus (Georgla) Mushycum 0 An and Crafts Io eph B Mahan Jr director of the

mu tum department f education and res ar h accepted the stone from

JU

Metcal Mahau is a specw list in Amerimiddot can I nclan archeology nd ethnology He happened at that m m nt l be Ludvi the culture of the Yuchl Inmiddot Jian lr c

TIlt I lis had lived in Georgia but h d Iw n urium ut of thei 11 me and had tol kd in kl huma in 1836 M han found tl em racia lly and linguist ica Ily diU rel II In othe lodi ns They aid the ha Icome to we [ern Georgia from lhe south The) lt1 0 id they had od inal n led America [r(lm the a I Th south could mean o nly the Gull f t i 0 ea t of whi h lay the Atmiddot

o

lshyI-

Similar signs In ton Minoan wrillng

11 11

I 0 laO

1000q

F 160

r 2

~t

V t -l Idoubte _ax(

~ Ingot

branche but would shake them ig rmiddot ously

Mah n aw a close resemblallce beshytween llii pilgrimage or Lhc I hi and the Hebrew Feast of Lh Booth (Tabemacl U1 ukkoth) He thought it was LOO 10 to be aniunmiddot lal The biblical Book of LeHicus 10 Chapltr 23 prescribes an i 1 yav harvest ce lebration starting un the llfshyteenlb day uf lh sacred mOI1lh During this period the people were LO h into

booth open to t11 ky bll Ctl Id for the oClasion w ilh folia fruits and vegetables Verse 37 of Chapter 23 of Leviticu mentions a count mali of the YUChl 11 re

Th fire is mimiddot iog rrom mod 111 Jc

i h ob ela ti n of the Feast o[ 0 h All other details however arc Lh olles Lhe Ylichi pra lice includinl the monial halting f bran hI and the cinumambulltltiDn~

Mahan had this lore of inlorm tion in bis h ad when MetcaU bruugh the

tone flom lhe ruin of t hl old nlll at Fort Benning Suppo-e the ULhls ~ re dtsc ndanl 0 lbe sam peupl rom whom the He rews sprang Might lhe ffiltlrkings on MctcaJrs s onc b clms La the Lory of ho thO LraIlge Indinn uibe had reached Georgia full the Mediterranean

B tIle spring of J968 Metcalr pc u lation aboul the tone becalll LOO

lrong f()[ him to contain an~ I IItler Ee enl a eaL o[ it 1 Prof I~ or ormiddot don at Brandeis Gordon mal h [he marking on 1111 tone agai u Char-Clcrs in the scnpt used by til llJn

people ho apj tal i1 Ibe Bronz -abouL 3- 0 veru ago- Knn 0

on the island of Crete Afler lUdying the in ripti n

duccd on p ge 34 Gordon con ludcd that the e werl affiniLie betwln it nd Minoan riling A be pUl it

The double-a in ner i of ours~ ICmilli Minoan ch i1i7alion The i n1 lines remi nd llS 01 the crtical In

standing eacb for the numenl I in til Aegean yllaban hit thl hIli clrclcs stand for 100 Tht plJk d circle al lbc beginninl of lh Ihil U Une might b a piclograph of thl un but 1 Lhink I t I S more Ilkcly gtI rc number like 1000 or 0000 In

lin an a circle wi tll rOUf nok equals 1000 On th Metcalt fone there are seven spokes sug C lJng th1t if 1000 is nOl he value prrh D it is some lanfer round number ucU as 10000 I

The numerals left ltim with the immiddot pression that the t xt may have b n

SRJULY t8 870

Page 4: Mylai has reopened the que tion of responsibility for war · to . Mylai . has reopened the que tion of responsibility for war crimes. So far the charges are against individual "lawbreakers,"

enemy activity at a specific map coshyordinate A former in telligence agent who worked in this program said cnem hospitals were second only to fixed supply install ations when selectshying target priorities for TPO s trikes Deshy

troying enemy hospitals was stressed a~ a high priority in OUl Cambodian

lions by Vice President Agnew II)

enl television interview_ And yet merkan public wa~ so outraged

when sCTa l mortar rounds hit our huspilnl at Camranh Bay early in 1969

Operajail Tllor In a twenty-fourshyhuur pedod in the spring of 1968 c ixty B-i2 ~Irikls the largest number of lhlse arc light s trikes in Ule entire l1f cur a thr eemiddotkilometer-wide swath

outll Vietnam below the DMZ_ bullbull Lcmpl was made 10 delermim

whill illoges lay a long Ihis patch Such are Ihe dimension of military neceshy

itl it Vietnam RiJocafloll In the spring of 967

mcriean rcconnajssance planes Ilew UVCI 1 nmety-squarc-kilometer area or Ih~ central highlands which waS Dshy

habited by Ihe nomadic Moolagnard and knuwn as a regrouping area for

inliltration iDIO the coaslal a tca aruund Nhatrang and Tuyhoa The pUm(ISl or this mission was 10 identify CCQ mlulbited place Shorl ly after the JliJhIS troops of the Amencan Fourth Dirigtion moved i nto the area roundd up some 4000 Montagnards and look Ihem 10 a newl) built village called Edapnang The Montagnruds were

locHted sO t hat they could not serve Ihe enemy as bearers and food proshyduel ion personnel and SO the jungle could middotbe opemltl for unrestricted bombshying raids and big operations like Daklo

nd Hill 875 wbere American forces mstllincd 1654 casualties Through culshylum ignorance we provided water rom wells rather than the stream

walel lhat Montagnards were used lO bullt individual family housing ralher than Ihl cuslomary long hOUlCS and moved people during their planting season so that they had to be fed for eighhen monlllS As a result the popushylation of Edapenang dropped tram 4000 to 1000 Edapenang was the pet projrl L of the Fourth DiviSion CODlshymander in 1967-68 Genera l Peers

PllUeLx program The emphasis of this 9pcration which bas been incorshyreclly reported as assassination is on bringing io VC cadrcmen [rom vilshylages One device used toward this end is lh melallrace detection kit a CIA machine in which u llraviolet light is upposcd to detect tissue aberrations ithcr on a trigger finger or 00 th boulder where a lif1c butt wou ld be

placed In 1968 the kit was taken into hamlets in I Corps area villager rounded up a poncho set up like an old-time camera and each villager

SMJlJLy Itl 1970

~w~IZD-j My (hemp) ~ (lp call lick )our therapy group

ging in Vietnam not the fHce-lomiddotfacC middotgratuishyLOUS bru tality In Hannah Arendt term of Company C that causes the wholesale killing of Vietnamese civilshyians It is therelore nOl surprising that Col Oran K Henderson now charged with making false statements nnd false wearing testined to Ibe Pcn ngon in

1969 tha t he had seen thl bodin 01 only one woman and two children in Mvlai and believed they had been killed by ar tillery or lilal Col Thon TIlal Kicn the Ouangngai ProvIIHC chief als t ried to comrince himself I hilt slray artillery fi re had killed all thrse civilshyians Civilian death by artillery or air strike In a fTee fil-e zone is an Iccident of war k illing civilians with an M-16 is a crime if anyone hould darl to press charges

~~ Where does the culpability [or Mylai

top-wi th Calley with Westmoreland with McNamara with Johnson and Nixon or with the whole American people The Hague Connn iODS of 1899 and 1907 were based on l brand of warfare tbal could ImaginL n Lieushytenan t Calley but not a B-52 And thl pos twar tria ls of the Axis figures were careful to avoid charges aga lnst the enemy that were applicabk also to oursehes If tbe Allies had blcn anshy

quished in thal war any war trials would surely have centered on the area oC aerial bombardment and highshytechnology weaponry particularly the atuTaLion bombing oj Japan~c and

Gennan cities and the usc of the atom ic bomb 1)r Richard Falk the inlermiddot national law prorssor aL Princeton bas pointed oul the irony thaI the dav the United Statcs signtd tbc charto [or tbe InLernational Military Tribunal a1 Nuremberg August 8 1945 vas th day it dropped the atumimiddot bomb 011

agasaki With this gap Icil Iln middot plugged in the annals of wat tTinlc proceeilings lhe policy oC hightcchshyno]ogy warfare bus dctlopcd in Vilshynam wi thout louching the conscin- of America

The Defense Department admits 10

responslbillty TIle Plers ICpOlmiddott deshyvotes an entJIC chapter to the Pentagon d irecti ves and troop infor mation pamshyphlels regarding the Hague and Geneva convcntions and a solilicrs duty lOT spec I I he Vietnamcse and their cu-middot lom s concerning the need to bandl an enemy captive firmly promplhmiddot bllt humanely and Lo prolcct him against Violence insults curiosity and repri als of any kind BUL an=gt Vielnam d eran will tell you that the cards on the treatment of POWs and ciiharugt are handed to lhe incoming soldier WIth the same bureaucratic unconcern as are his DCW faligulS scrip and salt tablets

What is significant therefore IS not the paper policy but the practice Wlich will be more important Cor the combat

Jdier the Nine Rules for humane trea tmen t of the Vietnamese on a cal d in his wallet or a pcp talk about laking revenge on the gooklgt the night before an opera tion into PinkU1e

The fundamental question of the Calshyley tr ial relates to lhe Yamashila mal shyDoes the kind 01 war thaI we are fightshying in Vietnam make Mylais ineitashyble No Vietnam veteran is s]lockeu by Mylai He knows thaI thre wa~

(CollliHued 011 page 61)

17

always kept a ligh t Sev ral e)r the tribe~en rried long leaf-cr ted branches as Lhey walked At certain lime 0 the c leblatiou lalg nummiddot bers of men wou ld not only carr lhe

llcient La dino 1

1

An American Indian tribe may ha e ancestors in common with the Hebrews of tilt Bible

b JOR LEAR

Almos t 3500 year ago the ancestors

of one of Americas urviving Inmiddot dian tribe Came to the W lern

Hemisphere trom Lbe Mediterranean Sca

In the car 531 11bullbull another band of men rom the land of Canaan reacbed Lh h r of what is now Brazil

Such latem nt ouId have had no Chance of being taken eTiously u f r middot middotg But vdence thal th are true is circulatin in the scien1ifi commiddot monit lhi tlffimlJ ~ven a T1Ol fuyerdab I Ihe orwegian hero ot the KOIImiddotTiki raf t e)pccUti n eros the Pa ifil 0 ean ail the U l tic in a bo 1 mad of reeds ill Ius second atshytempltu prove that com 1unical iol beshyLwe n Ib( Old and the eW worlds bas been possible for tns of centurie

He crdahl did not Ileal about Ih e ancien mariners before bis reed boat put out from tbe loroccan pon of

afi last May he in rmalion had bCtn published in quiet scholarly i ourmiddot naL b Prof(SSQl Cyrus H Gordon heat of the depar-unenl o[ Meditershyranean studies at Bra Idel University hI) e iting are Ih ource of hat 1 haU report here

In HamLSaiPIi qllarterly of the nu riPl cil)ty Gordon publi hed ~ account or even ts that began on rhe

S mili an re erv lion at n BenshyninJ G 0 gJa The ruin of an o ld propmiddot erlY called Undenvood Mill lt re ther

mOng the ruin are om Oat Lones hat attracted the aUn livn lanfred 1 tcall a Fort B nning civ ilian emshy

plu (c hen he ~ assigned Lo build barbecult pit in 111C autum n of 1966 On E the tl nes thal M tcal ellO e

lor hi purpose Va- a sandstone lin ed brownish yello While clean ing i ilh I he intcn of pUlling it into the pit linmiddot lng Mel aIr noticed thaL the tone was insLI ibcd with odd m rki ng _ lIe de-

idcd Lhal the marks might be signifimiddot ~an ad that he h ulo turn th (one wr to the Columbus (Georgla) Mushycum 0 An and Crafts Io eph B Mahan Jr director of the

mu tum department f education and res ar h accepted the stone from

JU

Metcal Mahau is a specw list in Amerimiddot can I nclan archeology nd ethnology He happened at that m m nt l be Ludvi the culture of the Yuchl Inmiddot Jian lr c

TIlt I lis had lived in Georgia but h d Iw n urium ut of thei 11 me and had tol kd in kl huma in 1836 M han found tl em racia lly and linguist ica Ily diU rel II In othe lodi ns They aid the ha Icome to we [ern Georgia from lhe south The) lt1 0 id they had od inal n led America [r(lm the a I Th south could mean o nly the Gull f t i 0 ea t of whi h lay the Atmiddot

o

lshyI-

Similar signs In ton Minoan wrillng

11 11

I 0 laO

1000q

F 160

r 2

~t

V t -l Idoubte _ax(

~ Ingot

branche but would shake them ig rmiddot ously

Mah n aw a close resemblallce beshytween llii pilgrimage or Lhc I hi and the Hebrew Feast of Lh Booth (Tabemacl U1 ukkoth) He thought it was LOO 10 to be aniunmiddot lal The biblical Book of LeHicus 10 Chapltr 23 prescribes an i 1 yav harvest ce lebration starting un the llfshyteenlb day uf lh sacred mOI1lh During this period the people were LO h into

booth open to t11 ky bll Ctl Id for the oClasion w ilh folia fruits and vegetables Verse 37 of Chapter 23 of Leviticu mentions a count mali of the YUChl 11 re

Th fire is mimiddot iog rrom mod 111 Jc

i h ob ela ti n of the Feast o[ 0 h All other details however arc Lh olles Lhe Ylichi pra lice includinl the monial halting f bran hI and the cinumambulltltiDn~

Mahan had this lore of inlorm tion in bis h ad when MetcaU bruugh the

tone flom lhe ruin of t hl old nlll at Fort Benning Suppo-e the ULhls ~ re dtsc ndanl 0 lbe sam peupl rom whom the He rews sprang Might lhe ffiltlrkings on MctcaJrs s onc b clms La the Lory of ho thO LraIlge Indinn uibe had reached Georgia full the Mediterranean

B tIle spring of J968 Metcalr pc u lation aboul the tone becalll LOO

lrong f()[ him to contain an~ I IItler Ee enl a eaL o[ it 1 Prof I~ or ormiddot don at Brandeis Gordon mal h [he marking on 1111 tone agai u Char-Clcrs in the scnpt used by til llJn

people ho apj tal i1 Ibe Bronz -abouL 3- 0 veru ago- Knn 0

on the island of Crete Afler lUdying the in ripti n

duccd on p ge 34 Gordon con ludcd that the e werl affiniLie betwln it nd Minoan riling A be pUl it

The double-a in ner i of ours~ ICmilli Minoan ch i1i7alion The i n1 lines remi nd llS 01 the crtical In

standing eacb for the numenl I in til Aegean yllaban hit thl hIli clrclcs stand for 100 Tht plJk d circle al lbc beginninl of lh Ihil U Une might b a piclograph of thl un but 1 Lhink I t I S more Ilkcly gtI rc number like 1000 or 0000 In

lin an a circle wi tll rOUf nok equals 1000 On th Metcalt fone there are seven spokes sug C lJng th1t if 1000 is nOl he value prrh D it is some lanfer round number ucU as 10000 I

The numerals left ltim with the immiddot pression that the t xt may have b n

SRJULY t8 870

Page 5: Mylai has reopened the que tion of responsibility for war · to . Mylai . has reopened the que tion of responsibility for war crimes. So far the charges are against individual "lawbreakers,"

always kept a ligh t Sev ral e)r the tribe~en rried long leaf-cr ted branches as Lhey walked At certain lime 0 the c leblatiou lalg nummiddot bers of men wou ld not only carr lhe

llcient La dino 1

1

An American Indian tribe may ha e ancestors in common with the Hebrews of tilt Bible

b JOR LEAR

Almos t 3500 year ago the ancestors

of one of Americas urviving Inmiddot dian tribe Came to the W lern

Hemisphere trom Lbe Mediterranean Sca

In the car 531 11bullbull another band of men rom the land of Canaan reacbed Lh h r of what is now Brazil

Such latem nt ouId have had no Chance of being taken eTiously u f r middot middotg But vdence thal th are true is circulatin in the scien1ifi commiddot monit lhi tlffimlJ ~ven a T1Ol fuyerdab I Ihe orwegian hero ot the KOIImiddotTiki raf t e)pccUti n eros the Pa ifil 0 ean ail the U l tic in a bo 1 mad of reeds ill Ius second atshytempltu prove that com 1unical iol beshyLwe n Ib( Old and the eW worlds bas been possible for tns of centurie

He crdahl did not Ileal about Ih e ancien mariners before bis reed boat put out from tbe loroccan pon of

afi last May he in rmalion had bCtn published in quiet scholarly i ourmiddot naL b Prof(SSQl Cyrus H Gordon heat of the depar-unenl o[ Meditershyranean studies at Bra Idel University hI) e iting are Ih ource of hat 1 haU report here

In HamLSaiPIi qllarterly of the nu riPl cil)ty Gordon publi hed ~ account or even ts that began on rhe

S mili an re erv lion at n BenshyninJ G 0 gJa The ruin of an o ld propmiddot erlY called Undenvood Mill lt re ther

mOng the ruin are om Oat Lones hat attracted the aUn livn lanfred 1 tcall a Fort B nning civ ilian emshy

plu (c hen he ~ assigned Lo build barbecult pit in 111C autum n of 1966 On E the tl nes thal M tcal ellO e

lor hi purpose Va- a sandstone lin ed brownish yello While clean ing i ilh I he intcn of pUlling it into the pit linmiddot lng Mel aIr noticed thaL the tone was insLI ibcd with odd m rki ng _ lIe de-

idcd Lhal the marks might be signifimiddot ~an ad that he h ulo turn th (one wr to the Columbus (Georgla) Mushycum 0 An and Crafts Io eph B Mahan Jr director of the

mu tum department f education and res ar h accepted the stone from

JU

Metcal Mahau is a specw list in Amerimiddot can I nclan archeology nd ethnology He happened at that m m nt l be Ludvi the culture of the Yuchl Inmiddot Jian lr c

TIlt I lis had lived in Georgia but h d Iw n urium ut of thei 11 me and had tol kd in kl huma in 1836 M han found tl em racia lly and linguist ica Ily diU rel II In othe lodi ns They aid the ha Icome to we [ern Georgia from lhe south The) lt1 0 id they had od inal n led America [r(lm the a I Th south could mean o nly the Gull f t i 0 ea t of whi h lay the Atmiddot

o

lshyI-

Similar signs In ton Minoan wrillng

11 11

I 0 laO

1000q

F 160

r 2

~t

V t -l Idoubte _ax(

~ Ingot

branche but would shake them ig rmiddot ously

Mah n aw a close resemblallce beshytween llii pilgrimage or Lhc I hi and the Hebrew Feast of Lh Booth (Tabemacl U1 ukkoth) He thought it was LOO 10 to be aniunmiddot lal The biblical Book of LeHicus 10 Chapltr 23 prescribes an i 1 yav harvest ce lebration starting un the llfshyteenlb day uf lh sacred mOI1lh During this period the people were LO h into

booth open to t11 ky bll Ctl Id for the oClasion w ilh folia fruits and vegetables Verse 37 of Chapter 23 of Leviticu mentions a count mali of the YUChl 11 re

Th fire is mimiddot iog rrom mod 111 Jc

i h ob ela ti n of the Feast o[ 0 h All other details however arc Lh olles Lhe Ylichi pra lice includinl the monial halting f bran hI and the cinumambulltltiDn~

Mahan had this lore of inlorm tion in bis h ad when MetcaU bruugh the

tone flom lhe ruin of t hl old nlll at Fort Benning Suppo-e the ULhls ~ re dtsc ndanl 0 lbe sam peupl rom whom the He rews sprang Might lhe ffiltlrkings on MctcaJrs s onc b clms La the Lory of ho thO LraIlge Indinn uibe had reached Georgia full the Mediterranean

B tIle spring of J968 Metcalr pc u lation aboul the tone becalll LOO

lrong f()[ him to contain an~ I IItler Ee enl a eaL o[ it 1 Prof I~ or ormiddot don at Brandeis Gordon mal h [he marking on 1111 tone agai u Char-Clcrs in the scnpt used by til llJn

people ho apj tal i1 Ibe Bronz -abouL 3- 0 veru ago- Knn 0

on the island of Crete Afler lUdying the in ripti n

duccd on p ge 34 Gordon con ludcd that the e werl affiniLie betwln it nd Minoan riling A be pUl it

The double-a in ner i of ours~ ICmilli Minoan ch i1i7alion The i n1 lines remi nd llS 01 the crtical In

standing eacb for the numenl I in til Aegean yllaban hit thl hIli clrclcs stand for 100 Tht plJk d circle al lbc beginninl of lh Ihil U Une might b a piclograph of thl un but 1 Lhink I t I S more Ilkcly gtI rc number like 1000 or 0000 In

lin an a circle wi tll rOUf nok equals 1000 On th Metcalt fone there are seven spokes sug C lJng th1t if 1000 is nOl he value prrh D it is some lanfer round number ucU as 10000 I

The numerals left ltim with the immiddot pression that the t xt may have b n

SRJULY t8 870