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Thread: Decorated US Navy SEAL to Face Court-Martial for Charges, Including Premeditated Murd

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    Quote Originally Posted by MisterVeritis View Post
    he killed an ISIS bombmaker without authority. Shouldn't killing bomb makers be standing operating procedure?
    That was a different case with an Army SoF guy. I am not sure why the army is pursuing that case, but the guy was on TV after the Army first decided to not prosecute and what he said on TV caused the Army to reopen the case.
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    Quote Originally Posted by Peter1469 View Post
    That was a different case with an Army SoF guy. I am not sure why the army is pursuing that case, but the guy was on TV after the Army first decided to not prosecute and what he said on TV caused the Army to reopen the case.
    It took me a second look before it was clear this was a separate case. Thanks.
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    Quote Originally Posted by MisterVeritis View Post
    "the injured kid" was a seasoned fighter.

    Militancy begins very early, age five or six.
    Mutilating animals begins a bit later.

    Serious weapons training begins around age 10. Peripheral combat tasks start around age 11. By age 15 a young fighter has been in the fight for five years.
    None of that matters if he was not attacking the SEAL, or anyone else at the time. We do not have enough information to know anything other than what was in the report, which said he stabbed an injured 15 year old to death, and was being prosecuted for that.
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    Quote Originally Posted by William View Post
    None of that matters if he was not attacking the SEAL, or anyone else at the time. We do not have enough information to know anything other than what was in the report, which said he stabbed an injured 15 year old to death, and was being prosecuted for that.
    That is not necessarily true. Rather if the 15 year old was "out of combat" then you shift from kill to capture. Out of combat is a technical legal term and would require some sort of affirmative action or display of being out of the fight (such as unconscious).

    As an example if the US targets Hagi Number 10 because he is an expert bomb maker actively in conflict with the US, we can sweep in an shoot Hagi Number 10 when he is taking a dump- we don't have to wait for him to finish, get a weapon, aim it as us, and then continue the mission.

    But if we shot Hagi Number 10 in the shoulder and he fell unconscious it becomes much murkier. You always clear an objective - and unconscious enemy may not survive that. But at some point when we realize that Hagi Number 10 is unconscious and out of combat we must treat him as a prisoner of war.
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    Update.

    New details in the case against a Navy SEAL charged with multiple war crimes emerged Friday during a marathon motion hearing at Naval Base San Diego.

    The hearing revealed that seven Navy SEALs have been granted immunity to testify for the prosecution during the upcoming trial of Edward R. Gallagher, a chief special warfare operator alleged to have murdered a wounded teenage ISIS combatant by stabbing him in the neck.


    The trial phase is scheduled for Feb. 19. Prosecutors expect to call the seven SEALs and up to 13 additional witnesses of the May 2017 incident in Mosul, Iraq.


    Defense attorneys asked the judge, Navy Capt. Aaron Rugh, to suppress some aspects of those witnesses’ expected testimony, particularly the numbers of people Gallagher allegedly bragged about killing.


    Witnesses told NCIS investigators that Gallagher bragged about killing up to 200 people during the 2017 deployment. Another witness said Gallagher told him he killed “three a day” and to “do the math” for the total number he killed.
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    Quote Originally Posted by Helena View Post
    Rules to killing. Makes it more civilized.
    Nothing civilized about killing.

    Warfare is always the failure of compromise and rational negotiation.

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    Quote Originally Posted by William View Post
    None of that matters if he was not attacking the SEAL, or anyone else at the time. We do not have enough information to know anything other than what was in the report, which said he stabbed an injured 15 year old to death, and was being prosecuted for that.
    You are correct in that we don't know all the details, but your first sentence is incorrect.

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    Quote Originally Posted by Tahuyaman View Post
    You are correct in that we don't know all the details, but your first sentence is incorrect.
    Of course it depends on how injured the boy was - if he was fighting back at the time, or was incapable of that. The Geneva Conventions of 1949 forbid the killing of combatants who are injured and hors de combat. In fact, they rule that any such combatants must be treated medically and looked after as prisoners of war. I'm sure your military justice system would not have prosecuted this decorated soldier, if they did not have a strong case under both military law and the Geneva Conventions. So my first sentence is not necessarily wrong.
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    Quote Originally Posted by William View Post
    Of course it depends on how injured the boy was - if he was fighting back at the time, or was incapable of that. The Geneva Conventions of 1949 forbid the killing of combatants who are injured and hors de combat. In fact, they rule that any such combatants must be treated medically and looked after as prisoners of war. I'm sure your military justice system would not have prosecuted this decorated soldier, if they did not have a strong case under both military law and the Geneva Conventions. So my first sentence is not necessarily wrong.

    You don't have much knowledge of the United States military justice system.

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    Quote Originally Posted by Tahuyaman View Post
    You don't have much knowledge of the United States military justice system.
    I guess that's correct - I am only quoting the Geneva Conventions to which the USA is a signatory.
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