Author Topic: Three US soldiers subject of Spanish/International arrest warrants  (Read 1811 times)

K Frame

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From Reuters.



MADRID (Reuters) - A Spanish High Court judge issued international arrest warrants on Wednesday for three U.S. soldiers in connection with the death of a Spanish cameraman during the war in     Iraq.
 
"I order the ... capture and arrest of the U.S. soldiers, with a view to extradition," High Court Judge Santiago Pedraz said in a court document, adding the order would be submitted to the international police organization Interpol.

The three men were named as Sergeant Thomas Gibson, Captain Philip Wolford and Lieutenant Colonel Philip De Camp.

The United States has cleared the men of any blame, although it acknowledges a shell was fired from their tank into the Palestine Hotel where Telecinco cameraman Jose Couso and Reuters cameraman Taras Protsyuk were killed. A U.S. investigation concluded the men were justified in opening fire.

Three other Reuters staff were seriously injured in the shelling of the hotel, the base for almost all foreign journalists in Baghdad at the time. The incident occurred a day before U.S. troops captured the city.

Pedraz said an investigation had shown the three soldiers involved in the tank attack on April 8, 2003 could be responsible for murder and crimes against the international community.

The charges carry jail sentences of 15 to 20 years and 10 to 15 years respectively.

The judge said he issued the warrants because U.S. authorities had refused to cooperate. The court had twice asked American officials for help, requesting documents and offering to send a legal team to the United States to take statements from the three men.

But neither request had been answered and he said the warrants were "the only effective measure to ensure the accused are made available to Spanish judicial authorities."

U.S. officials have said it is very unlikely their soldiers will be allowed to be questioned by a foreign court.

"I just cannot imagine how any U.S. soldier can be subject to some kind of foreign proceeding for criminal liability when he is in a tank in a war zone as part of an international coalition," a U.S. State Department official, who asked not to be named, said in June.

The High Court took up the case after Couso's family filed a complaint. It would have jurisdiction only over his death.

Spain has a record of tackling controversial human rights cases. The High Court failed to extradite former Chilean dictator     Augusto Pinochet but earlier this year convicted Argentine former navy captain Adolfo Scilingo for crimes against humanity for his role in that country's so-called dirty war.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

Guest

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #1 on: October 19, 2005, 09:21:26 AM »
Quote
Three other Reuters staff were seriously injured in the shelling of the hotel, the base for almost all foreign journalists in Baghdad at the time. The incident occurred a day before U.S. troops captured the city.
So these guys decided to lodge themselves within an enemy city in the face of an invasion by American forces? Sounds to me like they knew what they were getting into.

Based on the backbone that the Spanish government has displayed we should just send them a harshly worded letter and they will back down and cry like little girls.

TarpleyG

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #2 on: October 19, 2005, 09:59:13 AM »
You can have them when you come and get them.  How's that!!!

Greg

Art Eatman

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #3 on: October 19, 2005, 01:38:45 PM »
They could have been courtmartialed under the UCMJ for manslaughter, found guilty  and fined $1.  Not subject to double jeopardy.

Been done before...

Smiley, Art
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Stand_watie

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #4 on: October 19, 2005, 06:24:04 PM »
Quote from: Art Eatman
They could have been courtmartialed under the UCMJ for manslaughter, found guilty  and fined $1.  Not subject to double jeopardy.

Been done before...

Smiley, Art
Not a bad idea at all, to get out of our own extradition issues regarding Spain, but I think that's probably not really a concern anyway, it's other countries extraditions that I would think would be the problem. Is there a single other country in the world that has a double jeapordy prohibition? Yeah I know it was ancient Greek, and then Roman and then British, but haven't the British given it up for EU sovereignity (Greek and Roman legal values long dead)?

I'm curious if US judges have legal (US) authority to issue these types of warrants. If so, we need a sytem of review of warrants that would subject our own judges to impeachment or criminal charges for abusing their authority.
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K Frame

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #5 on: October 19, 2005, 06:51:11 PM »
Would YOU want to be found guilty of manslaughter and fined a dollar, and then turned out into civilian life?

I sure as hell wouldn't want to be.

Manslaughter is a felony conviction. You get a dishonorable discharge from the military, and it haunts you for the rest of your life. No firearms, no CCW, and a LOT of civilian professions are completely off limits to you.

Even if you cut some sort of ubersweet deal, it's still a manslaughter conviction on your permanent record.

No thanks.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

Stand_watie

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #6 on: October 19, 2005, 07:14:58 PM »
Quote from: Mike Irwin
Would YOU want to be found guilty of manslaughter and fined a dollar, and then turned out into civilian life?

I sure as hell wouldn't want to be.

Manslaughter is a felony conviction. You get a dishonorable discharge from the military, and it haunts you for the rest of your life. No firearms, no CCW, and a LOT of civilian professions are completely off limits to you.

Even if you cut some sort of ubersweet deal, it's still a manslaughter conviction on your permanent record.

No thanks.
Actually, if the dusty archives of my criminal law classes are retrieving correctly in my brain (no guarantee there), they could actually be aquitted of manslaughter by a ucmj court, and the double jeopardy prohibition would apply. I have no doubt a military prosecutor properly motivated could make sure that it was an aquital and that the soldiers lawyer's knew what deal was going down before the indictment even happened so there would be no suicides in the interim.
Yizkor. Lo Od Pa'am

"You can have my gun when you pry it from my cold dead fingers"

"Never again"

"Malone Labe"

K Frame

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #7 on: October 19, 2005, 07:42:26 PM »
Does double jeopardy prohibitions apply internationally?
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #8 on: October 19, 2005, 08:06:47 PM »
Quote from: Mike Irwin
Does double jeopardy prohibitions apply internationally?
I doubt it, its an aspect of the U.S. constitution, not necessarily anyone else's

Antibubba

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #9 on: October 19, 2005, 10:31:19 PM »
Couldn't we just give back Mexico?
If life gives you melons, you may be dyslexic.

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Three US soldiers subject of Spanish/International arrest warrants
« Reply #10 on: October 19, 2005, 10:40:11 PM »
Quote from: Antibubba
Couldn't we just give back Mexico?
Link they would take SOCAL along with it?