Fay Report Annex: Statement of Major re: Rules of Engagement in Iraq

This sworn statement by a Army major assigned to Iraq from March - November 2003. The Major, who is a NYPD officer in civilian life, states that he was nominally trained on the Rules of Engagement (ROE) and relied on his civilian training to perform his military duties. He stated "If fired upon, we can return fire but if there arc civilians in the vicinity or there is a chance of bystanders being hurt, we have to make the call." In reference to General Sanchez making the statement "why are we detaining these people. We should be killing them" the Major states he never heard that stated or attributed to General Sanchez.

Doc_type: 
Investigative File
Doc_date: 
Friday, July 9, 2004
Doc_rel_date: 
Wednesday, March 2, 2005
Doc_text: 

SWORN STATEMENT
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PRIVACY ACT STATEMENT
TUN 13 USC Sastkm 301; ilde 5 USCSaaton 2951; Ell. 9397 dated Name, 22, 1943 ISA/ -
AUTHORITY:
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PRINCIPAL PURPOSE:
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ROUTINE USES:
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DISCLOSURE!
2. DATE (1)1740100) . TIME 4. FILE ramie
1. LOCATION
2004/07/09 0935
.._, ._FIRST ll Awe, E NAME 6. SU -7. GRADEISTATIJS
MAJA.14
8. CRDANtZATION CR ADDRESS
6th Battalion. 98th Division (IT) Devens, MA
s.
?ANT 10 MAKE THE FOLLOWING STATEMENT UNDER OATH:
On 8 July 2004. I was interviewed by LTG JONES via telephone. The following are answers to questions posed to me by LTG JONES: My Background. I am currently the S.3 for the 6th Battalion, 98tH Division (Institutional Training). Devens, MX. I deployed to Iraq from March 03 to November 03 and was the Watch Officer for the C2X, CITF-7. I have been interviewed abou
this matter (Possible comments made by LTG SANCHEZ during a VTC) a couple of times about three weeks ago by Department
of the Army Inspector General. I attended the CJTF-7 CDR's BUBs daily at 1845 hours from lune to October 03. I was the C23t representative and attended on a daily bases until right before I departed. Toward the end of my tour. I began to skip a few because the C2X had too many representatives attending. ROE: What was my understanding of the ROE for combat Operations?
I am pretty much aware of them. I know that if I am being fired back, I can return fire. We were given wallet Silt cards to cam at all times. Given the following circumstances, what would the ROE allow U.S. forces to do: US Forces are engaged by a hostile force: the hostile force is armed and has fired upon U.S. Forces. The hostile force is now maneuvering away from our forces. but has not laid down its arms and not indicated surrender in any way. What are the Options for U.S. Forces? That's a tough one because I know two ROES. My civilian (I am a police officer) and the military ROE. In the civilian scenario, if an individual is running away and pose no threat, we do not fire. If fired upon, we can return fire but if there arc civilians in the vicinity or there is a chance of bystanders being hurt, we have to make the call. In reference to this particular scenario, I would have to think about this. in reference to LTG SANCHEZ making the statement of 'why are w .. •.I I • r ese people, we should be killing them." I never heard such statement from LTG -SANCHEZ. That was a rumor that and I discussed. We discarded it as hear say. It never came up the following day from anyone. There were so many I op e present during the BUBs and I never heard it from anyone else. AU Divisions had repr tivcs the Coalition personne were present, CJTP primary staff was present as well. For the C2, the representative was 'Bally and then IgG FAST attended once she was on board as the C2. Most BUBs were focused on the operations d specific event in the AO. The number of detainees captured wa briefed and I wo d brief the umber of detainees captured for specific operations. I never heard such statement and I can't remember when I discussed it. It never stuck on my he,
Q. Is there anything else you would like to add to this statement? A. No.
1111111111111111111/11111111111111111111111111111111IEND OF STATEMENT//////// ///////////////////////////////////////////////////////

10. EXHIOIT 11. *rums F P AKINS STATEMENT
PAGE 1 OF 2 PAGES
ADDITIONAL RAGES WS)" MINN NE HEADIND 'STATEMENT Of TAKEN AT pAnv
THE BOTTOM Of EACH ADDII7ONAL 116E ANSI Ka ENE !VITALS Of THE PERSON MAR7NC THE STATEMENT, AND PAZ NUMBER MOSE BE BE INOICA7ED.
DA FORM 2821 DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE =PA WI IM

AG0000353

DOD 000441

AFFIDAVIT
HAVE READ OP HAVE HAD READ TO ME THIS STATEMENT
WHICH RESINS ON PAGE-t-AND ENOS ON PAGE 2 ._ UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE EDTTOM CF EACH PAGE CONTAINING IRE STATEMENT. I HAVE MAGE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT' THREAT OF PUNISHMENT, AND WITHOUT COERCN UNLAWFUL INFLUENCE LAWFUL INDUCEMENT.

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1111
INITIALS OF PERSON ?AMONG STATEMENT
PAGE OF

l MAGES

PACE 3, DA FORA.1813, DEC 1991 UUPA VIII
AG0000354
DOD 000442

Doc_nid: 
3000
Doc_type_num: 
66