I bow to your superior knowledge...:)
and this question is for my own information: but I thought Title 18 excludes any war crime that can be charged under Title 10??? Understand there are a couple holes there but most military lawyers will tell ya don't move the UCMJ stuff under Title 18....Capt Roger Hill is an exception but he never went to court martial.
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As it stands now, there is no legal barrier preventing an overzealous AUSA from presenting this video to a grand jury sometime in the future after one or both of these pilots seperate from the service.
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Should it be that way? I would argue that it shouldn't.
I hear ya brother, I hear ya!
Concerning Schmedlap's point ...
We have a successful history of treating participants in the fight the same way regardless of whether they are carrying a weapon.
See:
http://www.defense.gov/news/newsarticle.aspx?id=48166
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To curb insurgents’ ability to communicate, Costa decided on a revolutionary move: He and his unit would dismantle the enemy’s communication lines by neutralizing the threat from signalers. Sparing no time, he set a tone in Ramadi that signalers would be dealt with no differently from their weapon-wielding insurgent comrades.
By successful, I obviously mean "it worked."
HPS