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Personally, I think entirely too much emphasis has been put on the failings of these six soldiers. It's not that I think they should go scott-free, just that the strongest criticisms are not, IMO, adequately taking the real on-the-ground situation in the field.
Yes, they're supposed to disobey illegal orders. But that means at least two things:
1. They have to know with certainty that the orders are illegal; and
2. They have to be willing and able to buck the system to do that.
Let's think about the reality on the ground. Matcom made an interesting and insightful comment in a thread he started recently. He said that when he was in the military (in a combat unit), they weren't taught to be nice to the people they were going to be fighting (whoever those people might be). While the MPs aren't combat units, that's still an apt point. We know from all our wars that in order to go to war in the first place, encourage Americans to kill others, you have to dehumanize the enemy. Gooks, ragheads, Jerries, Japs, etc. This means that the entire culture, the very atmosphere itself, is permeated with racist, dehumanizing sentiment.
I think there's also probably some built-in disdain for the fact that Iraqis haven't been living in a democracy but under a dictatorship. Doesn't this also lend itself to thinking less of them? And don't forget, most of our troops have been thoroughly ingrained with the propagandistic lie that Iraq and Saddam Hussein were responsible for 9-11. None of this lends itself to a culture of care and compassion for POWs -- quite the opposite, in spades.
Remember too that Taguba said that the absence of training was documented -- or more accurately that no one could produce documentation of ANY training for these troops. One or more of the 6 who are being charged have said they didn't even have Geneva Convention cards. That sounds appalling to me, since it's my understanding that every GI is supposed to have that -- but if it's a lie it will easily be shown to be by testimony from their peers, I would think. So far I haven't seen that. It may come later.
We also know that the military command from Rumsfeld and Cambone, down to Abazaid and Sanchez fully supported torture. FULLY! Rumsfeld is on record speaking dismissively if not downright derisively about the Geneva Conventions. If anyone here thinks that this didn't get thoroughly communicated (not directly, but by osmosis) down to most of the officer corps, especially the brass, esp. with Rummy's record of canning non-yes-men officers (like Shinseki), then you need to spend a little time talking to some vets.
We also know that the rules were Miller's suggestions to start with and that after the scandal broke (but well before it was leaked to CBS), the Pentagon's "answer" to the "problem" was to bring over the general whose very suggestions had created the problems. Don't think that message didn't get communicated loud and clear too.
Further, the soldiers charged were subjected to the "influence" (Taguba's word in the hearings earlier this week) of both higher ranking MI, CIA and contractors who easily could have intimidate them to the max -- yes, even to the point of making the soldiers think their "suggestions" or directions or orders overrode anything they thought they knew. It would be VERY easy for authoritative, higher ranking MI personnel to convince mere MPs that "we do things differently in MI and esp. the CIA, and so the rules you learned or think you know don't apply." Too, the chain of command for these folks wasn't even all that clear. Hell, Rummy couldn't (or wouldn't) detail it in his testimony to the Senate Armed Services Committee. Murky chain of command makes the whole thing even more difficult.
And on this point you further have to remember how even Brigadier Kapinski got buffaloed. Her own complaints and questions about confusing lines of communication and chain of command weren't heeded either. She failed her brigades big time, no doubt about it, but IMO SHE was failed at least as badly if not more so.
Further, we also know that the top enlisted man charged so far (a Staff Sgt, E-6) HAD complained to an officer (an LTC or full-bird) and the Staff Sergeant's concerns were brushed off, just as Centcom itself and the Pentagon and the White House had completely brushed off the ICRC's alarming and graphic report. Why? Because they WANT to continue to use torture. We all know that too.
As I understand it, there's a specific process that anyone disobeying what they consider an unlawful order is supposed to go through. For the sake of argument, let's assume that everyone in that unit knew that process. What boggles my mind, given all that we know about the Pentagon on down -- including every single officer in the chain of command for this unit, is what it would have taken to get someone, ANYone to not just take a refusal to obey a lawful order seriously but make any decisions in favor of the disobeying soldier. This fact wasn't lost on these six either.
Given a climate like this, one that is awesomely and overwhelmingly pro-torture and stacked against them, IMO it would have taken a fairly sophisticated and savvy, better trained and most of all extrenelt courageous soldier (like Darby -- and even his first reporting was done anonymously) to buck the system.
Given this extremely pro-torture climate, I am not at all sure I could have done the right thing (tho I don't think I could've engaged in the torture either so I probably would've gone insane or committed suicide), certainly not at age 20 or 22 and probably not at 26 either. Maybe I would have, but I'm not at all sure.
So I won't be demonizing these six soldiers (nor excusing them, as I said). What I al;ready know about what they went through and were subjected to is quite bad enough. And there's lots more we don't know I'm sure. I want to see that chain of command court martialed and punished so I can be assured that these six aren't just scapegoats (against whom all kinds of things can be alleged and even fake documents created). I would also like to see the MI people involved brought under investigation and court martialed and punished (yeah, like that'll happen).
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