Published: Jul 27, 2010 11:06 AM EDT
Updated: Jul 27, 2010 7:44 AM EDT

    WASHINGTON (AP) - When it comes to war, killing the enemy is an
accepted fact. Even amid the sensation of the
revelations, that stark reality lies at the core of new charges
that some American military commando operations may have amounted
to war crimes.
      Among the thousands of pages of classified U.S. documents
released Sunday by the whistle-blower website are nearly 200
incidents that involve Task Force 373, an elite military special
operations unit tasked with hunting down and killing enemy
combatants in Afghanistan.
      Denouncing suggestions that U.S. troops are engaged in war
crimes in Afghanistan, military officials and even war crimes
experts said Monday that enemy hit lists, while ugly and
uncomfortable, are an enduring and sometimes unavoidable staple of
      Some, however, cautioned that without proper controls that
mandate the protection of innocent civilians, such targeted hits
could veer into criminal activities.
      Buried in the more than 91,000 documents are descriptions of
Task Force 373's missions, laying bare graphic violence as well as
mistakes, questionable judgments and deadly consequences -
sometimes under fire, other times not.
      In June 2007, the unit went in search of Taliban commander Qari
Ur-Rahman. According to the files, U.S. forces, under the cover of
night, engaged in a firefight with suspected insurgents and called
in an AC-130 gunship to take out the enemy.
      Only later did they realize that seven of those killed and four
of those wounded were Afghan National Police. The incident was
labeled a misunderstanding, due in part to problems with the Afghan
forces conducting night operations.
      In another mission, members of Task Force 373 conducted a secret
raid, hoping to snag al-Qaida commander Abu Laith al-Libi, who was
believed to be running terrorist training camps in Pakistan's
border region. Five rockets were launched into a group of
buildings, and when forces moved into the destroyed area they found
six dead insurgents and seven dead children. Al-Libi was not among
the dead.
      The summary of the incident says initial checks showed no
indications that children would be there. And it quotes an Afghan
governor later saying that while the residents there were in shock,
they "understand it was caused ultimately by the presence of
hoodlums - the people think it is good that bad men were killed."
      WikiLeaks founder Julian Assange, who organized the release of
the classified documents, said he believes these are among
"thousands" of U.S. attacks in Afghanistan that could be
investigated for evidence of war crimes, although he acknowledged
such claims would have to be tested in court.
      But even activists well versed in the realm of investigating war
crimes would not go that far.
      "I don't think this incident rises to the level of a war crime,
but it disturbs me greatly that seven children were killed," said
Tom Parker, policy director at Amnesty International USA.
      The Afghanistan war, with its terrorist hit lists,
counterinsurgency battles and high-tech battle gear, presents
difficult questions. "It is really hard to know where
assassination ends and war starts," said Parker.
      Targeted military strikes, he said, are on the fringe of
accepted military practice during an armed conflict.
      "This is a relatively new form of warfare that we're seeing
now," he said. "The technology takes you to a different place and
raises questions that just weren't there 20 years ago. A lot of
these questions don't have answers - they have a test of
      Parker voiced concerns that have hounded the military, the
administration and members of Congress over the past two years as
the war has escalated: How can the U.S. avoid civilian casualties
that alienate the very population coalition forces are trying to
win over in order to defeat the insurgency?
      "This is a war. The enemy is shooting at us, and we're shooting
at them," said Rep. Adam Smith, D-Wash. "Are we really suggesting
that while the Taliban plant suicide bombs, we shouldn't try to
kill anybody?"
      Smith said U.S. troops are "aggressively targeting" the
Taliban and al-Qaida but any "condemnation of our troops is
completely wrong and brutally unfair." Congress and the military,
he said, have already identified civilian casualties as a problem
that must be corrected, and military leaders have adjusted their
war tactics to try and minimize the killing of innocents.
      Parker added that Americans may accept the idea of a military
team going after an enemy general, but when it's reduced to a hit
list of individuals' names, it becomes less palatable.
      "Personalization makes people uncomfortable," said Parker.
      Still, trying to kill or capture enemy leaders "is precisely
what countries do when they are at war," argued Juan Zarate,
former senior counterterrorism official in the Bush administration.
      As the war in Afghanistan has dragged on, public support in the
U.S. and abroad has begun to waver. And the counterinsurgency -
which pits U.S. forces against bands of militants rather than
another nation's army - blurs the classic battle lines.
      There also may be public confusion about the U.S. government's
secret hit lists targeting militants.
      The military's target list is different from a separate list run
by the CIA. The two lists may contain some of the same names -
Osama bin Laden, for instance - but they differ because the
military and CIA operate under different rules.
      While the military can only operate in a war zone, the CIA is
allowed to carry out covert actions in countries where the U.S. is
not at war.
      The CIA's target list came under scrutiny recently when it was
revealed that it now includes radical Muslim cleric Anwar
al-Awlaki, an American citizen believed to be hiding in Yemen.
Al-Awlaki, who has emerged as a prominent al-Qaida recruiter, was
added to the list after U.S. officials determined that he had
shifted from encouraging attacks on the U.S. to planning and
participating in them.
      Also, the CIA uses unmanned aircraft to hunt down and kill
terrorists in Pakistan's lawless border regions where the U.S.
military does not operate.
      The issue becomes murkier when elite military members
participate in joint operations with CIA units. In those cases, the
military members are assigned to the civilian paramilitary units
and operate under the CIA rules, which allow them to take on
missions outside of a war zone.
      Last December, Gen. David Petraeus, now the top U.S. commander
in Afghanistan, made it clear the military was going to increase
its efforts to kill or capture enemy combatants considered
      Petraeus, who was then the head of U.S. Central Command, said
more "national mission force elements" would be sent to
Afghanistan this spring. He appeared to be referring to such elite
clandestine units as the Delta Force.
      "There's no question you've got to kill or capture those bad
guys that are not reconcilable," he told Congress.
      Associated Press writers Matt Apuzzo and Ted Bridis contributed
to this report.
      (Copyright 2010 by The Associated Press.  All Rights Reserved.)