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View Full Version : Marines keep combat rules to themselves



thedrifter
07-31-07, 06:18 AM
Marines keep combat rules to themselves <br />
Testimony at hearings for Iraq war crimes, however, suggests restrictions governing the use of deadly force are a gray area. <br />
By Tony Perry <br />
Times Staff...

Zulu 36
07-31-07, 07:15 AM
I've been following this Haditha thing. It seems to me that not only are Marines and soldiers operating under some inconsistent ROE, but that ROE is inconsistently applied.

Worse, it seems they are not being given even the same legal use of force rules the US Supreme Court said that law enforcement officers must have.

Briefly, the Black Robes have said that, without using 20-20 hindsight, an officer's use of force must be judged based on the information available to him/her AT THE MOMENT the force was applied. Information discovered later cannot be used to judge the force and any inference as to the officer's intent cannot be drawn. This is a protection for the officer and a restriction on the prosecution.

Further, the level of force used must be objectively reasonable under those facts known to the officer AT THE MOMENT the force was applied. This last sentence comports with the 4th Amendment since arresting (or shooting) someone is a seizure, and seizures must be objectively reasonable. This is a restriction on the officer and a protection for citizens. But a fair restriction as it can also be a protection for the officer.

Of course, within those legal guidelines, local department policy or state laws must be observed. An officer could still be fired for policy violations, but not prosecuted. However, for criminal and civil purposes, the Supreme Court has ruled.

Why then, does it seem our service members in a combat zone do not enjoy the same legal protections? The NCIS investigations (don't get me started about them) seem rife with 20-20 hindsight and information not available to the Haditha Marines AT THE MOMENT they used force.

A combat zone firefight is every bit as dynamic and requiring split second decision making as a police gunfight, if not more so. Most police incidents don't involve IEDs, mortars, and multiple assailants using assault rifles, machine guns, and RPGs.

Something is not in balance for our military people.