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He was in uniform and not acting as civilian, even if outside his direct orders. Afghan law has no jurisdiction on a US soldier. There is no legal mechanism to
by Zhenya 15y ago
He was in uniform and not acting as civilian, even if outside his direct orders. Afghan law has no jurisdiction on a US soldier.
There is no legal mechanism to turn him over to the afghanis.
(Any legal war specialist, please correct me if I am wrong)
- dfc 15y agoThe WP is reporting that removing him from the theatre does not preclude him from facing trial in afghanistan. But I also am not an expert the UCMJ. http://www.washingtonpost.com/world/asia_pacific/american-soldier-accused-in-shooting-spree-flown-out-of-afghanistan/2012/03/14/gIQA6RIrCS_story.html http://www.washingtonpost.com/world/asia_pacific/american-so...
- ktizo 15y agoThere is almost definitely a mechanism if he goes via the Hague, however given the American Service Members Protection Act, which allows the US to unilaterally invade Holland (no, really) should any US soldiers end up in court there, there is little chance of that. Although as far as I am aware, the Hague has ultimately very few legal powers anyway unless the US refuses point-blank to investigate or voluntarily hands over the investigation to them.
- twelvechairs 15y agoIf 'laws' prevent the reasonable trial of a mass-murderer, then there is no reason they shouldn't (and can't) be changed in an instant.