Misbehavior.

This is coolbert:

From the comments of a reader:

[my response in BOLD!]

"but it seems that these guys were tried in the US. I would have thought the appropriate place would have been in Iraq itself . . . especially in respect to the crimes committed. I would have tried these men in Iraq and held the trial in their compound or FOB or whatever, so that they very place they left would be their courtroom."

The alleged ringleader, Green, had been DISCHARGED PRIOR TO THE INVESTIGATION COMING TO FRUITION!! He was not in the Army when arrested. This DOES cause complications. I am not sure of the status of the other four men charged! One has of course plead guilty. A normal and somewhat sacrosanct rule of American and before that English jurisprudence is to try a person in the locale where the crime was committed! Because of the war situation, this is not possible!!??

"Their worst crime was to leave their post. Rape and murder is bad enough, but they left their posts in what by all accounts is a rough part of town (like all of Iraq, it seems), if you get my meaning."

NO OFFENSE is taken!! That is what I stressed. THE ALLEGATION IS THAT THEY LEFT THEIR POST TO COMMIT THE CRIME!! That of itself can warrant, in wartime, in combat, the DEATH PENALTY!!

"They have also helped the insurgency better than any car bomb or sniper shooting a GI. They have given the enemies of this nation a free propaganda tool to use in what has become a very media oriented war."

This is very true. There are various jihadi web sites for some time NOW that show what are purported to be "American troops" raping Iraqi women. These videos are very poorly done and are obvious fakes. One shows two men, in BDU uniform, but with low quarter style shoes, and LONG HAIR, "raping" a kneeling lump of what is supposed to be a woman in full Islamic robes. For all we know, the "woman" is a child or even a man in robes and not being raped at all. All a fake. BUT WIDELY BELIEVED TO BE A TRUE RAPE VIDEO!!

"emotion clouds reason" - - Michael Corleone.

This is also an excellent opportunity to turn lemons into lemonade. Demonstrate to the entire world, including our enemies, and to the Arab and Islamic world in particular, that the U.S. does NOT countenance bad behavior on the part of our troops. Investigation, trial, conviction, punishment, etc., can go a long way to assuaging potential critics of U.S. policy. WE ARE a humane nation that does desire and expects the American soldier to behave with forebearance and comportment. Violations will be punished!! Harshly if necessary!!

Here are just a few extracts from the UCMJ that mention the imposition of death for offenses:

ART. 85. DESERTION - - "if the offense is committed in time of war, by death"

ART. 94. MUTINY OR SEDITION - - "A person who is found guilty of attempted mutiny, mutiny . . . shall be punished by death"

ART. 99. MISBEHAVIOR BEFORE THE ENEMY - - "in the presence of the enemy" -- "through disobedience, neglect, or intentional misconduct endangers the safety of any such command"

ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT - - "Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death"

Hey, when you go into the Army or any other military service for that matter, be fully aware, and WHO IS NOT [??], that it can be tough on you for messing up. Really tough. You may die, or you may cause others to die!! Simple as that.

[keep in mind also, that such punishments would be a very big exception to the rule. ONLY one man since the American Civil War has been executed for desertion IN THE FACE OF THE ENEMY. Here, however, my impression is that if convicted, Green faces death and probably would be executed!!

coolbert.