Two Sides of Atrocity

Three weeks ago, near Dak To in the Central Highlands of South Viet Nam, North Vietnamese troops over ran American positions, inflicting heavy casualties on the outnumbered, ambushed G.I.s. Then the North Vietnamese systematically slaughtered the Americans who lay wounded on the battlefield. It was only the latest in the continuing series of atrocities that the North Vietnamese and Viet Cong have made a deliberate and calculat ed part of their war tactics. With a chilling combination of care and coldbloodedness, they have assassinated pacification leaders, killed U.S. AID workers, decapitated village chiefs, abducted whole hamlets, and murdered prisoners of war.

, The temptation to retaliate in kind is powerful, but with rare exceptions the Americans are resisting it. Fewer than a dozen U.S. atrocities have been reported and verified, and when they have been, the administration of justice has been quick and firm.

Rape, Murder & Life. Typical is the recent case of Marine Sergeant Charles Wilkerson. While on patrol, he disappeared into the bushes with a suspected V.C. prisoner. Two shots were heard; Wilkerson returned alone. Hours later, another Marine patrol came across the body of the prisoner, his hands still tied behind his back. Within two months, Wilkerson was before a general court-martial, charged with murder. He admitted the shooting, but claimed he had been ordered to do it. Testified Wilker son: "The lieutenant said: 'Pull out of the column and kill him.' " One other member of the patrol backed his version, but the rest maintained that they had heard no such order given.

The lieutenant, David Yorck, was tried separately and found innocent. Wilkerson was found guilty and sentenced to a dishonorable discharge and life imprisonment. Three weeks ago, a reviewing authority reduced the jail sentence to 30 years, and with the help of civilian attorney Matthew H. Brandenburg, Wilkerson will appeal even that sentence. Similarly, in March, four Air Cavalry troopers, convicted of participating in the rape-murder of a 20-year-old Vietnamese farm girl during a reconnaissance patrol, were all dishonorably discharged and given sentences ranging from eight years to life, according to their degree of involvement in the crime. Last January, one Marine was sentenced to ten years and two others to life imprisonment for gunning down two unarmed Vietnamese civilians while on patrol.

Just Following Orders. The defendants are entitled to automatic review of convictions and can appeal all the way up to the Court of Military Appeals, which is made up of three civilians. They are also provided with free military defense counsel. Generally young, the attorneys "really get in there and chew," says Marine Lieut. Colonel Bill Wander, who has just returned from 13 months as the law officer* at every Marine or Navy general court-martial in Viet Nam. "They fight tooth and nail and don't give an inch. They come from all the best law schools."

Military lawyers often blame the special conditions of the Viet Nam war for their clients' acts. "You can have an area that's been safe for six months one day; the next day it's full of V.C.," argued the defense attorney for one of the Marines accused of shooting the two Vietnamese civilians. "I think it becomes a little easier to see how the accused could impulsively fire his rifle."

But the members of the court-martial have usually seen combat themselves, rarely sympathize with a man who uses his weapon too readily. Nor do they often heed pleas--like Wilkerson's--that "I was just following orders." The Uniform Code of Military Justice, mindful of the Nuernberg trials, clearly states that a subordinate is not justified in following an order if it "is such that a man of ordinary sense and understanding would know it to be illegal." Moreover, every U.S. serviceman arriving in Viet Nam is given a printed card entitled "The Enemy in Your Hands." It advises bluntly: "It is both dishonorable and foolish to mistreat a captive. It is also a punishable offense."

*Similar to a judge, the law officer advises the members of the court-martial (who are similar to jurors) on points of law.

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