Friday, December 12, 2003

Iraq War: West Case Settled (2)

The conservative, pro-Administration Washington Times, also known as the Moonie Times because of its Unification Church owners, reported on the West settlement in an article by Rowan Scarborough that sounds more like something from one of his supporters Web sites than like a news report. The summary of West's illegal conduct begins: While trying to bring democracy to a small town near Tikrit...

Scarborough offers no elaboration on what evidence there is that the suspects named by the Iraq policeman under torture were actually planning ambushes on Americans, although he credits the claim.

The Washington Post also reported on the resolution of the case. The Post report says only that the torture victim was "a policeman who was said by an informant to know about a planned ambush of West's troops." It doesn't mention the claim that the information produced was accurate. It also includes some very important observations on the practical results of West's actions:

One Army official, who spoke on condition that he not be named, said West could have been court-martialed for firing his pistol and allowing his soldiers to beat the Iraqi detainee. But the official said Odierno's decision to forego a court-martial and impose nonjudicial punishment was appropriate, given the "very difficult conditions" presented by Iraqi insurgents using terrorist tactics against his men.

"Lieutenant Colonel West's actions compromised his ability to command and maintain good order and discipline within his unit," the Army official said. "Every soldier under his command now believes it is okay to abuse detainees for information."

Gary Solis, a former Marine judge advocate who teaches the law of war as an adjunct professor at Georgetown University Law Center, said he believes West should have faced more serious charges for allowing his soldiers to beat the Iraqi detainee. "It seems to me that one simply cannot allow a commander to walk away from that kind of conduct," Solis said.


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