Of Processes and Prosecutions
This is one of those topics which should not dignify extensive discussion, but it is a matter of leading importance, so deal with it we undoubtedly must - albeit in a different way than some other sources of "analysis"-cum-rant or outright partisan condemnation.
The "it" here involves the allegations of maltreatment of detainees in Iraq by a very few Coalition military personnel. The allegations now involve US, British, and Australian units and perhaps will extend further and more deeply into issues of appropriate interrogation policies and chain of command when all the investigations are complete. But sorting out the blame is not the most pressing need. There is more than enough blame for everyone to take a share. The more urgent need is to reflect a moment on the military process to deal with such egregious breaches of conduct and how that process risks negative impact from the clammor from those who insist on playing the blame game.
The procedures the US military applies to prosecute, defend, and conduct courts-martial, and appeal courts-martial decisions are established by the Uniform Code of Military Justice (UCMJ). To read an html "unofficial version of the UCMJ which contains the same provisions as the official UCMJ (the "unofficial" designation is necessary because of the conversion to html format), go to: http://www.military-network.com/main_ucm...
The UCMJ is a very precise code based on a respect for balancing the needs, interests, and rights of the accuser and the accused (the military terms for plaintiff and defendant). The UCMJ displays the same sense of judicial fairness - in many provisions it is presented in a much more rigorous and expedited form, but it is there nevertheless - as civilian US court proceedings require, and its provisions relating to conduct and definitions of criminal acts (Articles 77 to 134) embody the high standards by which the US military generally conducted itself during the last two centuries. For example, the UCMJ definition of rape (Article 93) states: "Any person subject to the provisions of this Code who engages in sexual relations with a woman not his wife shall be guilty of rape and may be punished by death or such other punishment as a court-martial may impose". There is no room to argue consent, misunderstood consent, inability to consent, or otherwise (except that in some circumstances the invalidity of a marriage has been asserted as have varying levels of promises to marry). Despite this strict definition, the accused may appeal the findings of the court-martial by requesting a hearing before a military court of review, a hearing at the Court of Military Appeals, and by application for certiori to the US Supreme Court, and no sentence of death imposed by a general, special, or summary court-martial can be carried out without Presidential authorization.
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