Reply #7: TN, you're a vet and I'm a vet

[Jack Rabbit]

So we know what we're talking about.

As a supporter of international law (including the Rome Statute for the International Criminal Court), I do not believe that grunts should be routinely brought before an international tribunal, nor do I desire that. If there is enough wrongdoing to be thought widespread and the commanders of those troops do nothing, it should be clear that the policy of commanders or their government is to permit war crimes to persist. In that instance, it is the commanders or government officials who should answer for war crimes.

It is a specious defense for commanders or government officials charged with war crimes that private soldiers are obligated to disobey an illegal order. We who have served in the military know that one is also trained to obey orders without question and we are aware that military discipline breaks down when orders from superiors are questioned. Consequently, in a military environment, it is the superiors who must bear the greater responsibility for heinous acts against prisoners of war or other protected persons carried out by the Lynndie Englands and Charlie Graners of the world. They did what they were told to do as they were shown how to do it. Normally, that is how a soldier gets a good EER and gets promoted to the next pay grade.

If commanders don't want to have their orders challenged by a tribunal, they must take responsibility not to give illegal orders. If the civilian authorities don't want their policies to be characterized as war crimes, they should be more clear about adhering to international norms and conventions instead of circulating memos about how to bend or disregard them.

It is my view that the memo prepared by Mr. Gonzalez and others are exhibits for a possible prosecution of Bush and his aides, including those who prepared these memos, for war crimes. It is a prima facie case. It would be preferable for Mr. Bush, Mr. Rumsfeld and others responsible for this policy to be indicted and tried in a federal court, but if the US government is unwilling or unable to do so, then an international tribunal should be convened for that purpose.


Reference: Who is Responsible? by Jack Rabbit, Democratic Underground. May 11