While I beleive that the American miltitary is doing everything they can to protect the civilians of Iraq, I can’t help but hear all the bad press we are getting in the world. What is the possibilty that anyone in the winning army (yes, i am kind of assuming we will be vitorious in the conflict but what do you want I am an arrogant American) will be tried and/or convicted of a war crime? Has any body in a winning army been convicted and if so who? Why?
Thank you all for your response and god bless all who fight for the freedom of the Iraqi people.
Well, as far as I recall, the US wants to be able to try people in International Criminal Court, but has always insisted that their own soldiers be exempt from it. Kinda hypocritical, but nothing new. Basically, I’m saying it’s close to nil. (Two random links for you: one, two)
I recall this being tossed around in the last war, mostly on the net, and mostly from the types of groups you cross the street keep from getting a pamphlet and a 10 minute argument. Here’s one place, don’t know how reasonable they are… mostly I recall this incident being brought up. Again, I don’t know how legit these are.
Captain John M. Chivington, in 1864, massacred a village of peaceful Cheyennes. He was court-martialed, but not convicted; the charges had to be dismissed because he had resigned from the Army and was no longer subject to military jurisdiction. The presiding officer made his low opinion of Chivington quite clear, though. Since the U.S. ultimately prevailed in its conflicts witht he Cheyenne, I guess Chivington counts as the “winning” side.
I recall reading in Martin Blumenson’s The Patton Papers about an incident in Sicily where a U.S. company company commander ordered several dozen German prisoners murdered. Patton, as 7th Army commander, tried to cover this up, but Bradley, who was his subordinate at that time, insisted the commander be court-martialed. But I don’t know whether the guy ever actually was court-martialed, nor the verdict.
In 1956, at Kfar Kassem, Israeli soldiers shot a number of Arab civilians for violating curfew, though the Arabs had not been informed of the curfew. This was in the context of the constant terrorist infiltrations over the border to Israel; does that count as a war? Also, the Arab victims were actual citizens of Israel, not of a foreign country, so it is questionable whether these murders were “war” crimes or just garden variety murders. In any event, 11 Israeli officers were court-martialed and convicted, including Major Shmuel Malinki who was sentenced to 17 years, although this was later reduced.