Why can't Iraq put US Troops on Trial?

[Disturbed]

Why is that the Navy is investigating the Haditha Slayings instead of the Iraqi Justice Dept? Why can't Iraq try these troops?

[Scoody Boo]

1. No SOFA Agreement with Iraq.

Troops can't be handed over for trial to another country without it. I am sure the Marines will get to the bottom of it and proper punishment will be dealt.

Also once the Marines are back in the US, they are Constitutionally protected from being extradidted to another country.

In other words, there is no way the Iraqis are going to get them under any circumstances.

[Disturbed]

3. So US Troops can only be investigated by

the US and Iraq Govt. cannot prosecute crimes commited in their own country?

[Scoody Boo]

7. That is true.

There is no mechanism for this to happen without a Status of Forces Agreement (SOFA). There has not been a government in place in Iraq to act on this so it all falls under the jurisdiction of the US.

[Bucky]

4. "sure Marines will get to the bottom of it & proper punishment dealt"

edit please. You left of the phrase "to all offenders under the rank of Major." I'm pretty sure they won't kick this up the chain of command to the people legally responsible under the Uniform Code for preventing atrocities.

[Scoody Boo]

6. If this was a company of Marines who did this...

then even their Battalion will not get out of this unscathed. While he may not face criminal charges, his career is pretty much done.

If it is one company of Marines who were not controlled by their Company Commander and snapped and other Marines in the battalion have never acted in this fashion then no one should face any charges above the level of the Company Commander.

[Bucky]

10. You'd be right if this thing "just happened this once" but I'm thinking...

...such things don't "just happen". It's a slow stress build up and it's a fairly monumental breakdown of military discipline. Our military is actually pretty good about putting in safeguards against such events--better than most in the world. When something this big goes on, something big broke in the system. If it was one family executed, I'd buy it. We're talking about as many as 24 murders. That's not a lieutenant's error. That's a Colonel or a General's.

[Bucky]

2. US troops are exempt from war crime trials. Bush did that several yrs ago.

Finally, an example of Bush planning ahead for an unpleasant contingency.

http://en.wikipedia.org/wiki/American_Servicemembers%27_Protection_Act

[Scoody Boo]

5. SOFA Agreements have been around since the Korean War...

so it was not Bush's idea. As far as being a party to an International Court, I am glad it did not go through. Handing over any troop or official for trial would be unconstitutional and to me, our Constitution matters more than any international agreement.

[Selatius]

8. If the ICC's authority was ratified by the US, it would be Constitutional

As treaties signed by the US government carry the weight of Constitutional law.

[Scoody Boo]

9. In which case...

I am even more glad we had no part of it.

[Selatius]

11. I was more neutral with respect to the ICC

I wouldn't expect even the US should be exempt from having its leaders tried in the Hague for war crimes and crimes against humanity. If the US government did commit crimes, there have to be consequences, and I'd sign onto the ICC if the punishment given in the US courts was nothing more than a slap on the wrist like Lt. Calley's case.

[OmmmSweetOmmm]

12. Even contractors are exempt from law enforcement and lawsuits. The Shrub

signed an executive order before invading Iraq.

[Eric J in MN]

13. Paul Bremer exempted US troops and contractors from

Iraqi law concerning anything they do during their official duties.

[Disturbed]

14. The question remains.

Is Iraq once again a Sovereign Nation?

[Eric J in MN]

15. Officially, Iraq is a sovereign country, but practically, it's an occupied

country.

[BuyingThyme]

16. Because they are an occupied country and we are a fascist country.

[Tierra_y_Libertad]

17. The Iraqis might want to prosecute the guys who sent the butchers.

Couldn't have that, you know. Bad PR.

[Terran1212]

18. Same reason they can't put Bush and Blair on trial

And I'm sure if you took any Iraqi poll, the majority of respodents would call for something like that too

[dave502d]

19. I don't think anyone would like to see that. n/t