Old Weird Ward
Unless otherwise noted, that which is posted here is opinion, which is protected by the First Amendment to the US Constitution. If you don't like my opinions, go somewhere else. Nobody is forcing you to actually read this drivel.
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That may be a large assumption.
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Thursday, May 05, 2005
- - - - - Marine in VideoTaped Shooting: No Courtmartial - - - - -
The Marine Corporal who was videotaped shooting an Iraqi "insurgent" in a Falluja mosque will not be courtmartialed. See the article HERE.
SAN DIEGO — A Marine corporal who was videotaped shooting an apparently injured and unarmed Iraqi in a Fallujah mosque last year will not face court-martial, the Marine Corps announced Wednesday.
A review of the evidence showed the Marine's actions in the shooting were "consistent with the established rules of engagement and the law of armed conflict," Maj. Gen. Richard F. Natonski (search), commanding general of the 1st Marine Division (search), said in a statement.
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It should also be pointed out, as Bob Thompson did HERE, that the Iraqi' "insurgent's" life was liable to forfeit in any case, under the Rules of Land Warfare and explicitly allowed in the Geneva Convention. Why? He wasn't in uniform - nor was he a member of any organized group.
The Geneva Convention (HERE) states:
Art. 13. The present Convention shall apply to the wounded and sick belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law. (6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
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And clearly, the Marine had cause to fear for the lives of himself, his comrades, and the embedded journalist who was with him taking the video.
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