Should the USA hand over to Iraq the 5 soldiers charged in rape-murder?

[B Calm]

The military has named five soldiers charged in a rape-murder case that has outraged Iraqis.

[mtnester]

1. I am not familiar with international law, but I would assume that

there is some type of precedent for extradition? Or maybe not...folks with more legalese than I will probably come long and make this more clear to everyone.

[CBGLuthier]

2. nope, we have an agreement

There is an agreement in place that puts the US in charge of all crimes committed by military while in Iraq.

I believe similar agreements are in place for other countries we have soldiers in.

[The Stranger]

4. With whom is the "agreement"?

[gratuitous]

7. I believe it was instituted by the interim government

The one that L. Paul Bremer was running, the Coalition Provisional Authority (the one that misplaced some $9 billion during its tenure). One of its official acts was to grant immunity in perpetuity to any coalition troops for any acts committed by them on Iraqi soil. You know, the same sort of immunity Augusto Pinochet tried to grant himself for his time as maximum leader of Chile.

[Cocoa]

17. it was Bremer's last act before scramming

troops and contractors untouchable by the "sovereign" Iraqis.

[BuyingThyme]

8. The "agreement" was made between Bush and Cheney.

It's fool proof.

[bluerum]

3. They barely have a government - I suspect that their judicial system

is embryonic.

But being thrown to the mob is probably more merciful than what they will be going through for the next several years.

[sueh]

5. I' d prefer to hand over...

the Bush Evil Empire.

[Catchawave]

6. UCMJ should cover it

and they will be properly punished according to U.S. military law.

[Tierra_y_Libertad]

10. You mean like Calley was punished?

[coalition_unwilling]

13. More like how Medina was punished (NOT) -- n/t

[Catchawave]

18. Is this a Catch 22 ?

Serious question....because I'm not sure if you want me to blame Calley or the government.

I choose the government for putting regular people in irregular situations...I blame all that goes WRONG in IRAQ on BushCo. Calley snapped and he was caught. Troops are snapping in Iraq, and how many have NOT been caught? I'm worried about the civilian death toll blamed on "insurgents". Are we the enemy? Ya know, to keep our troops there to protect Halliburton interests?

Depressing subject, isn't it ? Especially that our "all volunteer" military is made up of immigrants (possibly illegal?),the poor,deals between local authorities and recruiters, and kids barely making it out of high school. That was Vietnam, the bar is much lower in Bush's War.

[Tierra_y_Libertad]

24. I'm questioning your faith in military justice.

Just pointing out that it has failed, (many times), in the past.

[Catchawave]

26. Officers v. enlisted ?

Yes, I agree. The system fails the poorest and/or least educated and connected.

But much better than the OP topic of turning our troops over to the Iraqi's for a public beheading?

[Tierra_y_Libertad]

9. Should they be? Yes. Will they be. No.

[cali]

11. No.

It's lousy idea.

[Minnesota Libra]

12. Instead of handing over any of our military I think..........

....Idiot Boy, The Handler, Addington (Cheney's adviser), and Rumsfeld should all be "kidnapped" or "extradited" to Iraq, or where ever, to stand trial for "war crimes". Let the Iraqis have the creatures to do with as they wish.

[BlueAlert]

14. Does Iraq even have...

a functional judicial system?

[newyawker99]

20. Hi BlueAlert!!

Welcome to DU!! :toast:

[dave123williams]

15. Nah, let's just hang them here.

[NNN0LHI]

16. Who you going to turn them over to?

The insurgents? Sadr and his thugs? Sistani and his thugs? The puppet government Bush installed and their thugs?

They should be at the Hague. No death penalty. Impartial. Open for the world to see. That is where they should go.

Don

[Marie26]

19. No.

They're scum, but they're still entitled to due process under US law.

[madmusic]

21. Why not just let BushCo flush the Bill of Rights instead?

He'd love that and now there is a reason the Left could love.

[wuushew]

22. Lets stop dancing around the ultimate question

Should these rapists be subject to the death penalty under Iraqi justice or live incarcerated but alive under Amerkian military justice?

Since none of us live forever should not the logic of surrender and voluntary suicide be self evident to prevent ongoing and worsening violence in this war?

[madmusic]

23. They are "eligible" for the death penalty.

And at least some of them will probably get it.

[B Calm]

27. If I were from Iraq, I would want them under Iraqi justice!

[warrens]

25. As long as their officers go with them

WTF is going on when they can sneak off a base in civilian clothes carrying their arms? That's totally insane.

[HiFructosePronSyrup]

28. No, we should execute themselves.

To show we're a just people.