Command Responsibility and War Crimes: general discussion

[jmm99]

From 01 Bear, p.3:

We were also surprised that the panel did nothing to address or even discuss the issue often called the “double standard” (See Attachment 3: Double Standard). This ad hoc standard can be viewed in two different perspectives. The first situation is we seem to be holding our infantry small unit leaders [to] a very tight standard when compared to strategic military operations. Civilian casualties due to air, drone, and Special Forces strikes seem to be easily accepted, yet small unit actions causing fewer casualties can easily result in a court martial action. In addition, we now have a public relations situation with something called the “Leavenworth Ten”. These are Soldiers and Marines serving lengthy sentences when enemy terrorist[s] convicted of murdering US Service Men in Iraq and Afghanistan have longed been turned over to the host nation and released (See Attachment 4: “Heroes, Shame and Tarnish Brass”).

Another concern is expressed in the following questions. Who on the panel represents the enlisted Marines and Soldiers? Was there someone specifically appointed to look out for the best interest of the military enlisted personnel and junior officers? Do any of the panel’s recommendations impede a combat Marine’s or Soldier’s right to self-defense? Do any of the panel’s recommendations disrupt or impede the combat trust relationship between military leaders and their subordinates that is considered essential for successful combat operations?

We would expect to see a number of Sergeant Majors and Master Chiefs and a set of former civilian defense councils as panel participants. The pool of experienced civilian defense councils in this country, dealing with these high profile cases, has certainly grown since the beginning of Operation Iraqi Freedom. The expansion of experienced civilian defense councils can partially be attributed to the accused and their families who have absolutely no trust and confidence in the military court martial system. The distrust, in part, comes from the military persecutors and service chiefs manipulations; both fair and unfair, and both perceived and real.

This complex of issues has little to do with bevies of lawyers. It has a great deal to do with Command Responsibility and Responsible Command. What do others feel about these issues ?

Regards

Mike