Posted on 07/10/2006 6:34:32 PM PDT by wjersey
Iraq will ask the United Nations to end immunity from local law for U.S. troops, the government said on Monday, as the U.S. military named five soldiers charged in a rape-murder case that has outraged Iraqis.
In an interview a week after Prime Minister Nuri al-Maliki demanded a review of foreign troops' immunity, Human Rights Minister Wigdan Michael said work on it was now under way and a request could be ready by next month to go to the U.N. Security Council, under whose mandate U.S.-led forces operate in Iraq.
"We're very serious about this," she said, adding a lack of enforcement of U.S. military law in the past had encouraged soldiers to commit crimes against Iraqi civilians.
"We formed a committee last week to prepare reports and put it before the cabinet in three weeks. After that, Maliki will present it to the Security Council. We will ask them to lift the immunity," Michael said.
"If we don't get that, then we'll ask for an effective role in the investigations that are going on. The Iraqi government must have a role."
Analysts say it is improbable the United States would ever make its troops answerable to Iraq's chaotic judicial system.
Asked to respond to Michael's remarks, White House spokesman Tony Snow dismissed that as a "hypothetical game".
But Snow said: "We also understand Prime Minister Maliki's concerns and we want to make sure he's fully informed and also that he is satisfied, regardless of what the treaty situation may be on these issues, that justice truly is being done, and that he can make that demonstration to his people as well."
IMMUNITY DECREE
The day before handing formal sovereignty back to Iraqis in June 2004, the U.S. occupation authority issued a decree giving its troops immunity from Iraqi law. That remains in force and is confirmed by U.N. Security Council Resolution 1546 on Iraq.
Many Iraqis have complained for the past three years about hundreds of civilians killed by U.S. troops and abuses such as those highlighted in the Abu Ghraib prison scandal of 2004.
But a handful of new U.S. investigations into incidents, including the killing of 24 people at Haditha and the quadruple murder and rape case at Mahmudiya, have caused an outcry that prompted the newly formed national unity government to speak out.
Michael said commanders' failure to hold soldiers to account had fostered a climate of impunity: "One of the reasons for this is the U.N. resolution, which gives the multinational force soldiers immunity. Without punishment, you get violations."
U.S. commanders say troops are not immune from justice and must answer to U.S. military law. But officials concede a flurry of cases reflect a crackdown aimed at restoring credibility with Iraqis. Sixteen troops were charged with murder in Iraq in recent weeks, as many as in the previous three years.
Four soldiers were charged on Saturday with rape and murder in the Mahmudiya case, dating from March. A military official named them on Monday as Privates First Class Jesse Spielman and Bryan Howard, Sergeant James Barker and Specialist Paul Cortez.
All are accused of conspiring with Steven Green, then a private in the 502nd Infantry Regiment, who was charged as a civilian with rape and murder in a U.S. court last week.
Prosecutors say four soldiers went to the home after drinking, intending to rape 14-year-old Abeer al-Janabi and left a fifth manning their nearby checkpoint. They say Green shot Janabi's parents and 6-year-old sister, before he and one other raped the teenager and Green also then shot her dead.
Sergeant Anthony Yribe was charged with dereliction of duty for failing to report what he knew of the case.
U.S. official documents say Janabi was raped.
U.S. officials have said Janabi was aged 20 or 25. But documents obtained by Reuters put her age at 14.
But on the other hand, a Status of Forces Agreement works wonders in keeping your bad apples in check.
That is another lunatic delusional bureaucrat believing that they will get us on this, but at the end they are going to fail miserably like the way they failed about everything else they tried against us.
if this passes - time to begin an orderly withdrawal.
not sure we would go for this.
Are you kidding? It is GREAT news. End immunity and we pull out of the UN. And the UN ceases to even have a fig leaf to hide behind.
I'll miss Bolton, mind you, but the trade off is worth it.
hmm does the law we passed about the ICC apply to individual nations?
No, not good news...but, as usual, Reuters put a spin in there.
Just like these lines; "US Commanders say that troops are not immune from justice and must answer to US Military Law. BUT OFFICIAL CONCEDE A FLURRY OF CASES REFLECT A CRACKDOWN AIMED AT RESTORING CREDIBILITY WITH IRAQIS."
So...according to this article...the ONLY reason they are investigating these cases is because of the complaints of the Human Rights people and the Iraqi government? That all this time, the troops have been doing horrible things, but the military has ignored them, but NOW they decided to crack down..so they go out and FIND a bunch of "atrocities" to show the world we punish our troops???
Bah....remember Abu Gharib..from what, 2 years ago...a bunch of people were punished and sent to jail for that..
This whole article is crapola.
AND...I even saw a clip of BABS BOXER, one of the leftiest in the Senate...SHE even said there is NO WAY America would turn our troops over to the Iraqis or any other government to punish.
Well, they can push the point and we will leave.
Not sure they want that though.
no, I believe it only applies to the ICC venue - not the iraqi justice system.
Sounds like she got this idea from an extreme leftist, origin currently unknown.
The U.N. has no jurisdiction over the U.S., and in particular our armed forces. This drama queen can go pound sand like the other anti-American gimps across the world.
Nope...can't think of anything.
But, I can think of a lot they have done wrong.
AND, they better keep their stinking hands off our troops, and so better the Iraqis.
GWB should find another slot for Bolton, in that case.
I have some severe policy disagreements with Bush, especially on immigration. But he has made some superb appointments.
Rape and murder is a civilian crime, not a misjudgment in the heat of battle. We've had military tried for rape and murder in Germany and Japan, and probably other countries.
We should never let our military men and women be tried in foreign countries for any action they take in battle (no matter how misguided), but if this case is anywhere close to what has been reported - drunk soldiers (who may have been off duty) intentionally seeking out an Iraqi girl to rape, and then killing her and her family - then they deserve harsh treatment. They are NOT representative of our military.
The soldier who is accused of not reporting what he knew should probably be tried by a military court; but the others should be tried in Iraq.
Is this supp;osed to be an Iraqi name? Human Rights Minister Wigdan Michael
Iraq's judicial system is in its infancy. Lawyers walking out of court or just not showing up is common practice. I don't want a US serviceman proven guilty or guilty (no mistake) in such an environment.
Germany and Japan were not hot war zones when submission to their civilian justice systems took place. that is the main difference here vis-a-vis your example. US soldiers are killing people everyday in iraq (removing the mililtary context from the argument), should each incident be reviewed by the iraqi justice system as possible murder? who decides?
The asshats from other countries have immunity while in the US attending their little UN tea parties. Let's revoke that if they even think about it in Iraq with the US soldiers.
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