By TIMOTHY WILLIAM WATERS
Published: August 12, 2006
SGT. TERRY LISK of Fox Lake, Ill., died fighting in Ramadi, Iraq, on June 26, killed by a 120-millimeter mortar. The combat has been intense, and whoever killed Sergeant Lisk may already be dead. But if not, what should happen to him? The Bush administration knows: It wants him prosecuted.
But killing American soldiers in Iraq is an act of war, not a crime, and the United States is wrong to oppose amnesty for the insurgents there. Iraq’s prime minister, Nuri Kamal al-Maliki, visited Washington recently to discuss his reconciliation plan, which includes an amnesty, but the United States insists that it must exclude insurgents fighting American forces. This may sound like patriotic support for our troops, but it harms Iraq’s hopes for peace.
Republicans and Democrats alike argue that amnesty encourages attacks on Americans, leaves crimes unpunished and dishonors those who died liberating Iraq. But these objections mistake the nature of amnesty, the incentives it creates and the costs we impose by opposing it.
Without amnesty, undefeated insurgents have no incentive to stop fighting, knowing that peace means prison. And amnesties work best when they are comprehensive. They can exclude dangerous hard-liners like Al Qaeda, but every exception creates a constituency against reconciliation, and if sizable forces are excluded, fighting will continue.
Amnesty may not stop violence, but it won’t increase it. Insurgents are already killing as many Americans as they can. Suicide bombers don’t care about immunity from prosecution.
Nor does amnesty mean impunity; when combatants commit war crimes, they can be punished, just like the former American soldier Stephen D. Green will be if he is found guilty of raping and murdering a 14-year-old Iraqi and killing her family. Insurgents who torture Americans should not receive amnesty, but that’s no reason to lump all Iraqis together. We wouldn’t want all our warriors measured by Abu Ghraib.
http://www.nytimes.com/2006/08/12/opinion/12waters.html?th&emc=th