US soldier killed Iraqi 'in pity' [very difficult judgement call]
This is an article which requires putting aside any animosity (at least temporarily) towards Iraqi insurgents while reading it.
Wednesday, 8 September, 2004, 19:30 GMT 20:30 UK
A US army captain charged with the murder of an Iraqi militant said the man was killed out of mercy, a US military hearing has been told. A colleague told the hearing in Germany that Capt Rogelio Maynulet, 29, shot the man in the head as "there was nothing more that could be done". Capt Maynulet faces life in prison if guilty of murdering Karim Hassan, 36. The hearing viewed footage of the killing caught by a US military drone aircraft, the AP news agency said. Reporters were asked to leave the room while the video was shown to an expert witness in neurosurgery, lest it should give away secrets of US technology in Iraq.
Sadr supporters
The death occurred on 21 May near the central Iraqi town of Kufa. US troops fired at a vehicle they thought was carrying militants linked to the radical Shia cleric Moqtada Sadr. The hearing was told that the car's passenger was killed immediately, while the driver was badly injured. Lt Colin Cremin testified that Capt Maynulet and others in his unit had described the incident to him, saying the driver "had half his brain hanging out, there was nothing more that could be done for him." Capt Maynulet had confirmed he had shot the man in the base of the neck or the back of the head, he said. "It was something he didn't want to do but it was the compassionate response, it was definitely the humane response," he said. Various witnesses praised Capt Maynulet. The prosecution alleges he broke US rules of engagement and used illegal weapons.
Denies charges
His lawyer, Capt William Helixon, said later: "The individual was neither a prisoner nor a civilian but an Iraqi insurgent characterised by the [US] government as an enemy paramilitary member." Mr Hassan's family does not deny that he was working for Mr Sadr. Capt Maynulet has denied charges of murder and dereliction of duty. The hearing has been held to decide whether the case should go to a full court martial.
This is an extremely difficult case. If Capt. Maynulet acted in the presence of witnesses, this should go in his favor. From all outward appearances, this does not seem to be a case of summary execution, and instead, more resembles a mercy killing. While correct military procedure probably would have called for summoning medical personnel, only those at the scene truly know what chances there were for any successful patient outcome. Although a courts martial may be required to resolve this case, there certainly seems to be mitigating circumstances. I'll freely venture that Capt. Maynulet made a choice that I would rather never face. As a senior officer who fully well knew such an act could compromise his remaining career, one is obliged to think that the Captain felt compelled to do what was humane. I can only hope that all of his witnesses are entirely credible.
Posted by: Zenster 2004-09-11 |