Humane Injustice

[saif]

"Iraq's a nation. The United States is a nation. The Geneva Conventions applied. They have applied every single day from the outset."
-- Secretary of Defense Donald Rumsfeld.

On August 18th 2004, a 16-year-old Iraqi male was mercilessly murdered by two Army Officers. After a skirmish inside Sadr City in Baghdad, the two officers discovered a severely injured boy inside a vehicle. The youth who was collecting trash before the skirmish broke out was suffering from burns and abdominal wounds. After deliberation by a handful of soldiers, the boy was perceived to be beyond medical attention and was than put to death. Sergeant Alban discharged his M-231 assault rifle into the youth followed by an M-16 blast by Staff Sgt. Johnny Horne Jr. In all, six soldiers of the 41st Infantry Regiment are charged with murder stemming from multiple occurrence’s. In this indictment, soldiers claim that the incident was merely a “Mercy Killing.” The units commanding officer, Captain Robert Humphries only became aware of the event days later from an anonymous note slipped under his door. On Friday December 10th 2004, a seven-member panel of the United States Military Judicial courts accepted Staff Sgt. Johnny Horne’s plea, admitting his guilt to charges of murder and conspiracy to commit murder. Upon taking the plea bargain Horne was sentenced to three years in prison, a dishonorable discharge as well as the forfeiture of all future pay. This plea bargain delivers a major injustice to all victims of International war crimes. Furthermore, it disgraces the underlying principle found in the Military Code of Conduct# which specifically states that a soldier will “never forget that I am an American, fighting for freedom,
responsible for my actions, and (that I am) dedicated to the principles which made my country free.” These principles are exemplified within the Declaration of Independence# stating that “All Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” The Geneva Convention which is binding upon the United States as well as Nations that are outside the U.N Charter state that “violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture onto persons taking no active part in hostilities, including members of armed forces who have laid down their arms and those placed “hors de combat” by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.#” Furthermore, that the wounded and sick shall be collected and afforded care.
An exemption of any statute that applies these basic human rights should not be afforded to any Nation. However, the ratification of the "American Service Members' Protection Act” obstructs all cooperation with the International Criminal Court and thereby renders its’ service members exempt to a tribunal inquiry. To participate in any conflict, the President and Congress must verify that U.S. Armed Service members will not be liable to any prosecution. This Bill further authorizes that "all means necessary and appropriate" will be taken to release any personnel, from any form of imprisonment, including those sanctioned by judicial proceedings#. Certainly U.S. Military Law includes punishment for its’ members violating human rights. Unfortunately, prosecutors in the Horne hearing failed to endorse any of those. Demonstrating the United States policy of autonomy regarding war crimes committed by its allied members. Three years imprisonment for the death of a 16 year old boy hardly seems acceptable. In a statement by Secretary of Defense, Donald Rumsfeld, in a may 20th 2004 interview, he acknowledged that the Geneva Conventions have applied to the United States since the beginning of the occupation#. The Military courts have failed to exhibit this agreement in late proceedings and those that continue to tally up on their dockets.

1 http://usmilitary.about.com/od/justi...fconduct1.html
2 http://www.governmentguide.com/resea...education.html
3 http://www.hrweb.org/legal/undocs.html
4 http://www.globalpolicy.org/intljust...1/0621usbl.htm
5 "Iraq's a nation. The United States is a nation. The Geneva Conventions applied. They have applied every single day from the outset." -- Secretary of Defense Donald Rumsfeld. May 20, 2004, citation (http://www.msnbc.msn.com/id/5024068/).

[saif]

I have to reiterate that this is policy is going to lead to a great outrage someday... somewhere... :(

[Technosoul]

Once upon a time it was viewed by Amreicans that conducting a frist strike and invading and occupation was a war crime. But those codes of morality have been put aside because President Bush has announced "we live in different times now".

Technosoul.