http://www.nytimes.com/2004/06/26/world/reach-war-insurgency-us-attacks-falluja-iraqis-renew-hint-martial-law.html

June 26, 2004

U.S. Attacks Falluja as Iraqis Renew Hint of Martial Law

By SOMINI SENGUPTA

BAGHDAD, Iraq, June 25 -- United States marines attacked the insurgent stronghold of Falluja with airstrikes on Friday, and Iraq's new government again strongly hinted that it would declare martial law, but said nothing about its timing or scope.

For the last several days, officials of the Iraqi interim government, including Prime Minister Iyad Allawi, have indicated they would declare a state of emergency, saying that, at a minimum, it could include a curfew, checkpoints and a ban on public demonstrations. Questions remain about the ability of the new Iraqi security forces to enforce such measures, and the extent to which the American military would be willing to help carry them out.

If nothing else, the declarations of the government signal that on the question of security -- by far Iraq's chief problem -- the new government intends to be nothing but tough. "It's the people who want stronger measures in Iraq," Defense Minister Hazim al-Shalaan told reporters on Friday, five days before the United States is scheduled to transfer sovereignty to the Iraqis. "We've come to build democracy, and building democracy requires patience."

He said the government was preparing "an urgent plan" to secure the capital and was also considering emergency measures for the provinces. "It might be a limited area," he said. "It might cover more than one area."

Predicting more violence, Interior Minister Falah al-Naqib urged Iraqis to report potential insurgent activity to state security forces. "It is the responsibility of every Iraqi to cooperate with us to remove this cancer from our midst," he said. "You cannot expect the police to do it on their own."

Neither cabinet member said anything about when such measures could start. As the transfer of power approaches, insurgent attacks have intensified, culminating with a coordinated set of strikes across the country on Thursday that killed more than 100 people. The Jordanian-born militant Abu Musab al-Zarqawi and his organization have claimed responsibility.

Earlier in the week, Mr. Allawi, a former member of Saddam Hussein's Baath Party with strong links to the Central Intelligence Agency, floated the idea of emergency measures in limited regions of the country. The prospect of any heavy-handed security measures that restrict basic civil liberties could prove awkward for the United States if American troops are asked to enforce them. On the other hand, such measures could enjoy popular acceptance if they are promulgated by Iraqi officials, rather than Americans. In any event, given Mr. Allawi's close links to Washington, it is unlikely that any new security policies would be undertaken without significant American input.

Iraqi government officials blamed foreign fighters for the latest violence. Predicting an imminent showdown with the insurgents, Mr. Shalaan promised to "confront the beastly attackers from outside the borders of the country."

On Friday, Marine aircraft bombed what American military officials called a safe house used by the Zarqawi network in Falluja. Qasim Mohammed Abdul Satar, who sits on the town's council of elders, said the bombs struck several houses in a neighborhood that had been attacked by American forces last Saturday. Reuters quoted an official of the American-led alliance as saying that 20 to 25 people were killed in the latest attack.

The Dubai-based Al Arabiya television network broadcast a speech by gunmen in Falluja denying Mr. Zarqawi's presence in the town. Three unidentified men, their faces shrouded, appeared on the screen. One read from a statement, saying, "We deserve to protect our city."

Also on Friday, a lawyer defending an American soldier accused in the Abu Ghraib prison abuse scandal described his client as a scapegoat whose superiors were fully aware of what was going on. The soldier, Specialist Sabrina Harman, 26, was shown in a photograph, posing with the body of a detainee who apparently died during an interrogation. According to a pool news report, her lawyer, Frank Spinner, told a military court that senior officers were aware of the abuse. Mr. Spinner said his client "was caught in a very difficult situation as a junior soldier."

"I don't think this young woman should ever have been put in that environment," he added. "I think the Army set her up."

Specialist Harman is also accused of writing "Rapeist" on the leg of a prisoner held on a rape charge. Her lawyer said Friday that the prosecution had presented no evidence that the prisoner knew what was being written on him. Therefore, he argued, her action could not be construed as abuse.

In Washington on Friday, the Army replaced Maj. Gen. George R. Fay with a more senior officer as chief investigator into the role of military intelligence in the abuse of prisoners at the Abu Ghraib prison in Iraq. The appointment of Lt. Gen. Anthony R. Jones, deputy commander of the Army Training and Doctrine Command, to replace General Fay will delay completion of the military investigation, said Senator John W. Warner, Republican of Virginia, the chairman of the Senate Armed Services Committee, The Associated Press reported.

Army officials said the decision to put General Jones in charge did not reflect on General Fay's performance, but was necessary to resolve a protocol problem in the investigation. At issue was the need to interview Lt. Gen. Ricardo S. Sanchez as part of the investigation. General Sanchez is the top American commander in Iraq, and the Army wanted a lead investigator of at least equal rank.

In a related development, the Senate announced that it had confirmed the Army's vice chief of staff, Gen. George W. Casey Jr., as commander of all American and coalition forces in Iraq, replacing General Sanchez, The Associated Press reported.

Fooad Al Sheikhly contributed reporting for this article.