Army Seeks Death Penalty For War Criminal

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Simon_Jester
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Re: Army Seeks Death Penalty For War Criminal

Post by Simon_Jester »

Stark wrote:If there was a general who was judged by the actions of soldiers under his command, would you be surprised?
One soldier? Yes, I would be, because that's a stupid way to run an army. I wouldn't expect anyone to be that stupid.

Hundreds of soldiers, over a period of days or weeks, when there is real evidence that the general actually had some idea what was going on and was ignoring the problem? No, that would not surprise me, because that's exactly what I expect to happen.

So it would be stupid to throw generals in jail because one sergeant went mad and committed mass murder. If you're looking for real responsibility, instead of some mindless 'revenge by punishing the biggest man possible,' you have to look at the level where the man's case was handled. Because the general damn sure wasn't the one who decided to keep redeploying that specific man.
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Re: Army Seeks Death Penalty For War Criminal

Post by Stark »

You said officers should be held responsible 'at their level'. You said they should not be if the actions are by those remote to them, but still under their command.

This is what I find amusing, and why I'm not sure you understand what responsibility and leadership are. But since you've started at your conclusion, worked back, and stated every one of your steps as facts, this is not surprising. 'Its stupid!' :lol:
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Re: Army Seeks Death Penalty For War Criminal

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The Duchess of Zeon wrote:JLBM has some incredibly severe issues. The base is virtually not under control. There's a group of retired Army NCOs who run a coffee shop by it doing nothing but trying to get people out of the military who are stuck there. NCOs are usually the biggest supporters of the military so that's telling. There's no support for families, the base is an agglomeration of an Air Force and Army base (Joint-Base Lewis-McChord) which saw the original structures disintegrate, the support networks for people there are nonexistent, it might as well be plopped down into a foreign country.

The leadership at the base is systematically terrible, as the corps command headquarters which is stationed there has been overseas fighting our wars for the past decade, and there's been a succession of nobodies allowing systematic rot of the chain of command. Nothing works there, and you can be pretty much guaranteed that nobody is receiving any kind of mental health support at that base, in fact, they're just receiving more pressure to drive them over the edge. There's been a series of very high-profile shootings at JLBM including one trooper who went off into the Cascade mountains and shot and killed a park ranger earlier this year. I am not sure if anyone has started to clean it up yet, but some interesting and very grim profiles have emerged from the local media reporting, and I frankly wouldn't be surprised if a very disturbingly disproportionate number of incidences in Iraq and A-stan have been caused by soldiers from JLBM because of the total breakdown in discipline and support and morale which has occurred there and not been effectively addressed.
If what you say is true then heads should be rolling over this.
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Re: Army Seeks Death Penalty For War Criminal

Post by Stark »

Only heads at his level, though. Nobody who had responsibility for his conduct, support or command at a higher level is really responsible. Right? :V
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Re: Army Seeks Death Penalty For War Criminal

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Of course not Stark. That would be so Nuremberg. We have risen above those outdated principles and gone straight back to the 19th century.
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Re: Army Seeks Death Penalty For War Criminal

Post by Vendetta »

I thought the principles of military justice in the 19th century were to find someone less important and well connected (and more jewish) than the person who actually did it, and pin the blame on them.
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Re: Army Seeks Death Penalty For War Criminal

Post by The Duchess of Zeon »

Here are some articles, Thanas:


http://www.nytimes.com/2012/03/14/us/mo ... ldier.html

http://articles.latimes.com/2012/mar/12 ... d-20120323

" Last month, two investigations were launched at the base’s Madigan Healthcare System after more than 200 soldiers had their diagnoses of post-traumatic stress disorder set aside following cursory forensic psychiatry reviews — boosting longstanding complaints among soldiers and their families that help for war-related mental health problems has been slow and hard to access.

Madigan’s director, Col. Dallas Homas, has been suspended pending the outcome of the inquiries. The probes follow years of complaints from Lewis-McChord soldiers and their families that soldiers are discouraged by their peers from seeking mental health counseling. Many also say that victims of stress often must endure long waits for an appointment for mental health assistance."

Timeline of JBLM with the war in context: http://seattletimes.com/flatpages/local ... eline.html

Soldiers conspiring to sell rocket launchers off base: http://blogs.seattleweekly.com/dailywee ... tacoma.php

Suicide problem so bad the Army looked into restricting weapons carriage on-base: http://blogs.seattleweekly.com/dailywee ... s_at_l.php

"Lost platoon" of uncontrolled virtual warbands of JBLM soldiers: http://www.thenewstribune.com/2011/10/1 ... atoon.html

MarriedtotheArmy base review: http://marriedtothearmy.com/fort-lewis- ... -review-3/

Suicides at JBLM: http://www.thedailybeast.com/articles/2 ... -kids.html

Trying to improve suicide prevention at JBLM: http://www.thenewstribune.com/2012/09/2 ... ntion.html

Vet calls JBLM "A rogue base with leadership problems": http://www.king5.com/news/JBLM-called-a ... 06125.html

Record highs for DUIs and Misdemeanor crimes at JBLM: http://www.thenewstribune.com/2012/01/2 ... s-for.html

And it goes on and on and on. You don't get off the interstate next to JBLM when driving between Olympia and Tacoma, period, the area around the base is horrifying, it's up there with some of the worst ghettos in the US with bank-style bulletproof glass stalls at all the gas stations, prostitutes and cheap alcohol and hourly hotels everywhere, endless collections of pawn shops and drunk and hopeless people racing cars, and all of it because of the conditions on the base.
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Re: Army Seeks Death Penalty For War Criminal

Post by Channel72 »

Stark wrote:Only heads at his level, though. Nobody who had responsibility for his conduct, support or command at a higher level is really responsible. Right? :V
Surely there must be some limit to how far blame should propagate upwards through the hierarchy of command? I mean, should President Obama, the Commander in Chief, be prosecuted because Sargent Joe Random went berserk in Afghanistan and murdered innocent people? (And since you obviously agree the answer is "NO", then why do you draw the line at General?)
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Re: Army Seeks Death Penalty For War Criminal

Post by Aaron MkII »

You may want to see Stark's comment as a criticism of military culture where command responsibility is preached but they'll stick the lowest guy they can with blame.
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Re: Army Seeks Death Penalty For War Criminal

Post by Simon_Jester »

Aaron MkII wrote:You may want to see Stark's comment as a criticism of military culture where command responsibility is preached but they'll stick the lowest guy they can with blame.
That would be fair. If he says it is I'll accept it, and it would put his remarks in a different light.

If we were doing things right, command responsibility would be defined in terms of job descriptions. No one person can keep track of the mental health of ten thousand people, certainly not while doing any other important job at the same time. So making that the personal responsibility of a commanding general, who is criminally liable for failure, doesn't make any sense. Punishing generals for failing in that 'duty' won't get the duty done, it'll just give you an excuse to fire generals predictably over and over.

He has staff for that, he has to. If he acts in good faith and his staff fucks up, firing him isn't going to help. If he acts in bad faith, of course, that's another matter.
Thanas wrote:Of course not Stark. That would be so Nuremberg. We have risen above those outdated principles and gone straight back to the 19th century.
The Nuremberg principle works the other way: officers are responsible for whatever they do, even if they were ordered to do it, and so on.

I don't recall the Nuremberg Principles saying that we should routinely throw field marshals in jail for atrocities committed by isolated, mentally ill sergeants.
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The Duchess of Zeon wrote:JLBM has some incredibly severe issues...
If what you say is true then heads should be rolling over this.
Stark wrote:Only heads at his level, though. Nobody who had responsibility for his conduct, support or command at a higher level is really responsible. Right? :V
Heads should be rolling for a messed-up base at a level responsible for the base. Probably at least one or two links up the chain of command from whoever commands the base.

When a private goes nuts, it's not hard to justify holding a lieutenant or captain possible. Having detailed knowledge of every one of their troops is in their job description. Having detailed knowledge of military bases in your country is the job of some very senior staff officers, who are totally responsible if things are that bad at a particular base.

But if we go all the way to, say, the Chairman of the Joint Chiefs of Staff, would he even know about it? Would he ever have received any information? If so we can talk about his responsibility. But if not, it seems very pointless to start firing people as scapegoats for a failure they never got the chance to avoid.
Stark wrote:You said officers should be held responsible 'at their level'. You said they should not be if the actions are by those remote to them, but still under their command.
To make it more clear:

If the actions are remote and there is no realistic way the officer could have prevented them, then it makes no more sense to hold someone responsible. Do you fire the police chief every time one cop takes a bribe? The chief can only stop the bribery if there is a path by which he can find out and react and prevent the abuse. That takes time, and it can also take scale.

If you find a pattern of abuse, and evidence that the officer colluded in it, then they should get hammered.

If the colonel commands a regiment, one company of which has been operating a torture facility for weeks or months, there is no plausible way the colonel wouldn't know. That's his fault, and the fault probably runs up the chain all the way to the theater level- because commanding generals probably know (if nothing else) that they're using information gained via torture.

If the colonel knows that one of his platoon leaders is an unstable nutcase and keeps sending him out on patrols till he massacres a village, that's his fault. He knew there was a problem, he had a specific, obvious thing he could do to stop it, he chose not to react and filed nothing. If the colonel is getting orders from above to do horrible things, he's responsible. If he's obviously tolerating atrocities over and over, he's responsible. If he's obviously tolerating atrocities once, he's responsible.

If one of the thousands of men under his command turns out to be mentally unstable and starts killing people, is he responsible in the "go to jail" sense? I don't know. What did the colonel know, and when did he know it? What decisions did he make that made this event more likely? Could the event ever have been foreseen as a consequence of his actions?
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Re: Army Seeks Death Penalty For War Criminal

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The Duchess of Zeon wrote:Here are some articles, Thanas:
*snip*
Jesus Christ.

Simon_Jester wrote:The Nuremberg principle works the other way: officers are responsible for whatever they do, even if they were ordered to do it, and so on.

I don't recall the Nuremberg Principles saying that we should routinely throw field marshals in jail for atrocities committed by isolated, mentally ill sergeants.
No, actually there were a number of officers who were condemned even though it could not be proven that they personally knew or ordered atrocities, them commanding the armies that did was enough. Now you can say that they all should have known anyway and that is certainly a fair point and btw exactly the thing I am arguing here. If you as chief of staff or whatever press people into combat over and over again and ignore warnings then you are every bit as culpable of the eventual consequences. Heck, that is the very definition of command responsibility.
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A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient, to look the other way. Well, the answer to that is 'survival as what'? A country isn't a rock. It's not an extension of one's self. It's what it stands for. It's what it stands for when standing for something is the most difficult! - Chief Judge Haywood
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Re: Army Seeks Death Penalty For War Criminal

Post by Simon_Jester »

If command ignores warnings, and the action involves active decisions that command makes, and the consequences are logically predictable, then yes, command takes responsibility.
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Re: Army Seeks Death Penalty For War Criminal

Post by Stark »

You're just not getting what 'responsibility' in this context means. You know how when you're a parent, if your kid is out of your sight and does something dangerous, its your fault? Because you're supposed to be looking after them? Because everything in their life is due to your action or inaction?

In this case, its not like people up and down the structure didn't know this guy's situation (or indeed, the situation his entire base is in). So you saying only people 'at his level' are 'responsible' is funny as shit.
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