SFC Taylor, the Fog of War and Army duplicity

[Polarbear1605]

I know it maybe difficult, but if this incident's key features happened in the USA (armed threat context, ambush, new suspects arrive and response) would there be a criminal trial?

I was going to say absolutely...but let me pull back a bit on that. If we assume SFC Taylor was a police offcer ... and he accidently shot a passing civilian there would definitely been an investigation utilizing the US Rule of Law (think the TV series "Law and Order" here)...but, and this is where I think the US military gets it wrong, this incident occured in another country where the US constitution and the Rule of Law does not apply. What does apply is the Laws of War. The law of war has very different principles ...like military necessity that basically says you should not kill civilians but we do kill civilians legally (under the laws of war) all the time with things like drone stikes in Pakistan and in any number of other ways. How do we get away with that? Answer: It was a military necessity. This soldier was operating under a ROE based on the laws of war. Normally they say something like the soldier has a right to self-defense from any threat...but the preception of that threat is left up to him. Based on what I have been hearing from Afghanistan, if a known enemy is not carrying a weapon he can not be IDed as a threat. Seems easiest enough...don't agree with it but... In my mind, the issue is did the soldier preceive the Dr as a threat because she was driving a possible VBIED...I know I would have as long as I was operating under the laws of war. If we assume a scenario where she was driving a VBIED and the soldier did not use his weapon and the car bomb kill him and the wounded, would the commanding officer then say things like..."They died for the greater good"? It is interesting when you ask a militray lawyer what is the difference between the Rule of Law and the Laws of War, they instantly say, there is no difference, they are the same thing. I don't buy that. I also believe that any law of war, combatant on combatant, death can be call murder under the rule of law. For proof of murder under the rule of law, all you need is intent and a body...and on a battle field there is usually plenty of both.