5/15/2004
U.S. V Miller
A post from March on this case by Publicola just came to my attention. I'm basically just writing this post so I can find the link later, and write my own commentary on the case.
Pulicola's Thoughts
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Another Reason for Hope in Iraq
Another Reason for Hope in Iraq
subtitle: Something Else You Won't See on the Evening News
Scouting is Making a Comeback in Iraq
Now I have another worthy place to send my money...to help the cause of Scouting, and for something that can have a very real, positive, long term effect in Iraq. If I locate any links for where to send money, I'll post them.
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5/11/2004
Haven't been able to post much recently-we're at the peak time in the training cycle, and working 14+ hour days isn't conducive to having a lot of time for posting.
Some musings on Abu Grhaib-what happened there is truly awful, and represents a failure of the command structure there at many levels. With the first Court Martial beginning, we'll see how it will stand as an example of the military to police its own wrongdoing.
-The prisoners there ARE NOT Prisoners of War, and therefore the Geneva Conventions do not apply to them. POWs have a specific definition under the conventions-uniformed combatants captured on the battlefield. These detainees do not meet that definition. However, that is not any sort of excuse for what has happened.
I'm not sure what the prisoners in AG are there for. Some may be common criminals. Some, I'm sure, are Fedayeen, Ba'athists, al-Mahdi fighters, and even al-Queda. All of these guys, given that they are participating in combat while wearing civilian clothes instead of uniforms, are technically what the Geneva Convention calls Unlawful Combatants. And, if I recall my Law of Land Warfare classes correctly, such individuals may be shot upon capture. Actually, according to at least one statement I've seen from an Iraqi, that would be preferable to being made to prance around naked with a hood on his head.
I don't have all the answers, but I do know that all personnel involved need to be punished, quickly and as severely as applicable, including as many Courts Martial as required. This includes any commanders who new what was happening and failed to take action to stop it. And the courts martial can be done in Iraq, without any loss of the defendants' rights. Court martial juries are composed of soldiers, and Iraq has plenty of those. Also, in the military justice system, even if you use a JAG defense attorney instead of hiring your own, he/she will be every bit as good as the prosecutor, given that (at least in the Army), JAG officers are rotated through assignments in prosecution, defense, and admin law. And who knows, maybe seeing an honest court proceeding will be good for Iraq.
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