November 16, 2004
Adelaide, Australia
by Matt Hamon
Just as the dust settles the reality sinks into the main-stream media.
Countless people all over the world screaming out that the attacks on
Fallujah must stop, witnessing crimes against humanity unfolding on our televisions. Now they finally see the crimes and the charges begin to be laid. Its premeditated murder when an unarmed or injured person is summarily executed.
The media see it now, of course after thousands of voices all over the
world cry out. They finally see the implications of such behaviour and
considered the repercussions of a lawless and illegal war. As Norman Hermant from Lateline (ABC) rightly points out, if the insurgence think that coalitions forces take no prisoners or that they will be summarily executed even when unarmed they will fight to the death.
International law is needed by both sides, take for example the aid
works that help the injured on both sides, how can they work in such
lawless conditions? And what if the situation is reversed and a young
American soldier finds himself injured and starring down the barrel of
gun, will his life be protected, will he be given his fundamental human
rights as set out by the Geneva conventions? Lost is any moral superiority America and coalition countries thought they had, lost is the innocents of young soldiers sent to do battle in an illegal invasion and ordered to commit crimes against humanity.
International law must be respected even if your enemy does not.
~*~
Didn't know there were international laws governing the engagement of
war then visit: http://www.unhchr.ch/html/menu3/b/91.htm for the Geneva
Convention relative to the Treatment of Prisoners of War, particularly
article 3:
"Article 3
In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties, each
party to the conflict shall be bound to apply, as a minimum, the
following provisions:
1. Persons taking no active part in the hostilities, including members
of armed forces who have laid down their arms and those placed hors de
combat by sickness, wounds, detention, or any other cause, shall in all
circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or
any
other similar criteria.
To this end the following acts are and shall remain prohibited at any
time and in any place whatsoever with respect to the above-mentioned
persons:
(a) Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and
degrading treatment;
(d) The passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court affording
all the judicial guarantees which are recognized as indispensable by
civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the legal
status of the Parties to the conflict."
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Still not clear, then take the quiz:
http://quizzes.channelone.com/cgi-bin/enter_multi1.cgi?qid=7014338583
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Video (uncensored):
http://www.abc.net.au/reslib/200411/r35639_88936.ram
http://www.abc.net.au/reslib/200411/r35639_88937.asx
Australian Broadcasting Corporation
TV PROGRAM TRANSCRIPT
LOCATION: http://www.abc.net.au/lateline/content/2004/s1245107.htm
Broadcast: 16/11/2004
US Marine under investigation after death of wounded Iraqi insurgent
Reporter: Norman Hermant
TONY JONES: First to Iraq, where the US military is moving quickly to
investigate a shooting captured on video that appears to show a blatant
violation of the Geneva Convention.
Footage broadcast in America and around the world shows a US Marine
killing a wounded and seemingly defenceless insurgent in Fallujah.
The incident could prove to be a public relations disaster and it isn't
the first suspect killing by American forces in Fallujah.
Norman Hermant reports.
And we should warn you -- this story contains course language,
disturbing images of dead bodies in the aftermath of combat and graphic images of
a man being shot dead.
NORMAN HERMANT: This is the what the fighting looks like in Fallujah.
Buildings are the front line.
It's in this environment that a US Marine unit approached a mosque on
Saturday.
This footage was filmed by an American journalist documenting the
fighting.
AMERICAN JOURNALIST: These are the guys from yesterday.
These are the wounded that they never picked up.
NORMAN HERMANT: The journalist can clearly be heard saying these are
wounded from a previous battle the day before.
They had been left there, clearly unarmed.
US MARINE 1: (Shouts) He's fuckin' fakin' he's dead!
US MARINE 2: Yeah!
He's breathing!
US MARINE 1: He's fakin' he's fuckin' dead!
NORMAN HERMANT: "He's dead now," a voice says after the man is shot.
US MARINE: (Shouts) Hey!
This one's still alive!
NORMAN HERMANT: The marines are again told these men were in the mosque
yesterday.
One survivor pleads for help.
"Please," he says, yesterday I was shot over there and talked to all of
you on camera.
I am one of the guys from this whole group.
I gave you information."
The Marine Corps says it's important to view this shooting in the
context of the conditions in Fallujah.
Not far from where the incident took place, a marine was reported
killed by booby-trapped body found in a house.
Still, marine officers say that doesn't justify killing unarmed
insurgents.
LT COL BOB MILLER, US MARINE CORPS: Enemy wounded -- and, in this case,
insurgents -- who don't pose a threat, ah, would not be considered
hostile generally.
I think that's a fair statement.
NORMAN HERMANT: The US military is investigating the shooting and the
marine involved has been pulled off the battlefield.
If it's determined an unarmed wounded insurgent was shot dead, it would
be a clear violation of the Geneva Convention.
LT GENERAL JOHN SATTLER, US MARINE COMMANDER: Let me make it perfectly
clear -- we follow the law of armed conflict and we hold ourselves to a high
standard of accountability.
NORMAN HERMANT: This isn't the first time concerns have been raised
about illegal combat killings in Fallujah.
The end of this shootout last week provoked protests as well.
It appears as if a wounded insurgent had been gunned down.
These shootings not only raise legal concerns, they may pose a military
problem for multinational forces as well.
There's a risk if insurgents believe they'll be killed if wounded,
they'll never surrender.
By fighting on to the death, they may believe they have nothing to
lose.
Norman Hermant, Lateline.