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The World's First Weblog Devoted To Military Justice and Military Law Issues
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JAG CENTRAL Coming Back?
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Stay tuned... new posts on their way soon. I promise I have a good reason for being gone so long...
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NATIONAL NEWSPAPERS - 4 NOV 05
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From the NY Times, U.N. Court Faces Fairness Issue at Milosevic Trial <[link]>:More than three years into the trial, the judges have warned that Mr. Milosevic has now used up close to 75 percent of his allotted time and that he will get no extension. But the former Yugoslav president, who acts as his own defense lawyer, has barely addressed one-third of the charges against him and has demanded more time to do so. After presenting his first 40 witnesses, he has given the court a list of 199 more witnesses, "the absolute minimum" he said he needed to lay out the rest of his case. The list, he told the judges, had been pared down from 1,630 names. Some lawyers at the United Nations tribunal say that the judges may have little choice but to give Mr. Milosevic more time. The trial, which began in February 2002, has already set a record for longevity in international law. In keeping with the present schedule, it is expected to conclude in March 2006. But under Mr. Milosevic's new plan, it could go on for another year or more. Mr. Milosevic has focused thus far only on the 1999 war in Kosovo, the Serbian province, for which he faces charges of war crimes and crimes against humanity. But he also faces a long list of charges of killing and torture in Croatia and two counts of genocide in Bosnia.... more »
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NATIONAL NEWSPAPERS - 3 NOV 05
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From the NY Times, Qaeda Operative in Southeast Asia Has Fled U.S. Jail in Afghanistan <[link]>:Omar al-Faruq, a confidant of Osama bin Laden who was one of Al Qaeda's senior operatives in Southeast Asia, escaped from an American military prison in Afghanistan in July, a Pentagon official said Wednesday. Military authorities acknowledged in July that four suspected Qaeda terrorists had escaped from the heavily fortified prison at Bagram Air Base, apparently by picking the locks of their cells and slipping past a careless Afghan guard. They remain at large.Mr. Faruq was one of Mr. bin Laden's top lieutenants until he was captured in Indonesia in June 2002 and turned over to the United States. Pentagon officials confirmed that he was one of the fugitives only after the information was disclosed this week in Texas at a military trial of an Army sergeant charged with maltreating detainees in Afghanistan. Mr. Faruq was identified by an alias at the time of the jailbreak. His disappearance, a major source of embarrassment to American officials at the base, came to light on Tuesday when defense lawyers for Sgt. Alan Driver demanded to know where he was so that he could testify at the trial.... more »
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NATIONAL NEWSPAPERS - 2 NOV 05
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From the NY Times, Sergeant in Iraq "Fragging" Case Could Face Death Sentence <[link]>:The suspect, Staff Sgt. Alberto B. Martinez, 37, could be charged with the premeditated murders of Capt. Phillip T. Esposito and First Lt. Louis E. Allen, both of the 42nd Infantry Division, an Army National Guard unit from upstate New York. The two men were killed on June 7 in an explosion at the division's headquarters in the northern town of Tikrit. The investigating officer, Col. Patrick J. Reinert, told a court in Kuwait on Tuesday that there were "reasonable grounds" to consider trying Sergeant Martinez in a death penalty proceeding, the military said in a written statement.The decision whether to court-martial Sergeant Martinez, and whether prosecutors should seek the death penalty, will be made by a board called the Special Court-Martial Convening Authority, the military said. The board can also refer the decision to Lt. Gen. John R. Vines, who oversees day-to-day military operations in Iraq.Colonel Reinert said Sergeant Martinez used a Claymore mine and stolen hand grenades to kill the two officers, both of whom were his superiors. If proven true, it would be the first known incident of an American soldier or marine murdering another in Iraq. The killing of a superior is known in the military as fragging. The Vietnam-era word is derived from fragmentation grenade, a favorite weapon for that purpose.The colonel said Sergeant Martinez carried out the attack because he held a grudge against Captain Esposito, his company commander, according to The Associated Press. Lieutenant Allen was not an intended target and appeared to have been an unfortunate bystander, A.P. reported. Sergeant Martinez's lawyer has argued that there is not enough evidence to tie him to the attack.... more »
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NATIONAL NEWSPAPERS - 31 OCT 05
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Happy Halloween!From the NY Times, 2 U.S. Soldiers Are Charged with Assaulting Afghan Prisoners <[link]>:The announcement, 10 days after details emerged about an episode earlier this month in which two American soldiers burned the bodies of Taliban fighters who had been killed in a firefight, heightened fears that the Afghan people will turn on the American forces in Afghanistan. The two soldiers, members of the 926th Engineers, an Alabama National Guard unit, are accused of striking the detainees and punching them in the chest, shoulders and stomach, Colonel Yonts said. Neither of the detainees required medical treatment as a result of the assault, he said. "They are charged with maltreatment, assault and dereliction of duty," he said. "All three of these charges could go to court-martial," he said. Since the soldiers involved and their unit are still in Afghanistan, the case could go to a court-martial in Afghanistan at Bagram air base, the main American military base in the country.It is the first case of soldiers still serving in Afghanistan being charged with abuse. The case will be reviewed by the operational commander in Afghanistan, Maj. Gen. Jason Kamiya, who will decide whether it should go forward.....The assault is reported to have occurred in July at a forward operating base in Oruzgan Province, in southern Afghanistan, where the detainees, who were captured on the battlefield, were held for about two days before being transferred to the main detention facility at Bagram air base, north of Kabul. The soldiers being charged with the assault were assigned to guard them at the base. When a third soldier heard a report in mid-September that an assault had taken place, he immediately reported it to his commander, which led to an investigation by the military's Criminal Investigation Department, Colonel Yonts said. The investigators recommended action against the two men under the Uniform Code of Military Justice, he said. One of the detainees was released earlier this month, while the other remains in custody at Bagram, and both were interviewed by the military investigators, Colonel Yonts said. Both at first denied suffering any mistreatment, and then said an assault had occurred but was less severe than a previous beating by Afghan Army soldiers, he said.... more »
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NATIONAL NEWSPAPERS - 28 OCT 05
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Army General Bryan D. Brown, Commander, U.S. Special Operations Command, Reportedly Under Investigation in Bribery Inquiry (U.S. Army)From the NY Times, Bribe Inquiry Looks at Sale of Field Gear to Military <[link]>:The investigations, unfolding on several fronts, are examining the hiring of a former Special Operations Command official by a military contractor as well as financial contributions by military contractors to a nonprofit organization that ran social events for the special forces. A statement issued yesterday by the command, located at MacDill Air Force Base in Tampa, Fla., said that the Pentagon's inspector general was examining the accusations. Among those under investigation is Gen. Bryan D. Brown, known as Doug, who heads the command. Yesterday's statement comes after a plea agreement involving a civilian procurement official at the command, who pleaded guilty in federal court this month to having accepted bribes. The official, William E. Burke, 50, admitted to accepting payments from an individual who represented military contractors seeking to equip these commandos. The special forces command is also investigating all of the contracts handled by Mr. Burke since 1999 to see whether special forces troops received inferior equipment as a result of the kickbacks. At least one other indictment is expected. The other person who represented the contractors has not been publicly identified.... more »
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WORLD MJ WATCH: BRITAIN
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In Britain, an RAF officer faces court-martial for refusing to return to Iraq, the first such case since the war in Iraq began (article <[link]> from The Guardian):An RAF officer faces a court martial for refusing to serve in Iraq on the grounds that the invasion of the country was illegal, defence officials said yesterday.Flight Lieutenant Malcolm Kendall-Smith, a medical officer based at Kinross, in Scotland, faces four counts of disobeying a lawful command under the 1955 Air Force Act.He is the first British officer to face charges on these grounds and his prosecution is likely to add to growing unease among the military about the war in Iraq. He may face a jail sentence, though senior military officers, concerned about the effect of Iraq on the morale of British armed forces personnel, will not relish the prospect of a martyr and another focus of opposition to the war and invasion of Iraq.The 37-year-old lieutenant, who was decorated for service in Afghanistan and Iraq, believes the invasion was illegal, defence sources said.A key part of his case, according to reports yesterday, will be that under RAF law an officer is justified in refusing to obey commands if they are illegal. The Queen's commission requires armed forces officers to act according to "the rules and discipline of war". Defence sources suggested the officer also had a conscientious objection to the war.Some reservists have refused to serve in Iraq, but this is the first time that a full-time officer has objected.... more »
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NATIONAL NEWSPAPERS - 17 OCT 05
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Former Iraqi Dictator Saddam Hussein, Facing Trial Wednesday (CNN)From the Washington Post, this update on the upcoming Hussein tribunal entitled, Victims' Relatives Await Hussein Trial <[link]>:A source close to the special Iraqi tribunal that will hear the case has said that although the trial will start this week, it will likely be delayed after a day or two of hearing motions and resolving technical issues that surround the historic and yet untested legal proceedings. It is not clear when the court would reconvene.The source, who spoke on condition of anonymity, described the start of proceedings this week as "the beginning of an ongoing process." But the source added, "I don't think this will be a process dragged out by technicalities."Hussein will be tried by a five-judge panel under a mixture of international law and Iraqi criminal law. If convicted, he could face the same fate as the 143 men from Dujail.... more »
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FORT CAMPBELL PT SHOOTING UPDATE
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The Army Times seems to have the most information to date on this horrible tragedy at Fort Campbell. The article is entitled Fort Campbell Soldier Fires Into PT formation On Post <[link]>:A soldier reportedly dressed in Ninja-like attire fired live rounds from a .357-caliber Magnum into a physical training formation at Fort Campbell, Ky., this morning. No one was hurt in the 7 a.m. shooting and the soldier, who has not yet been identified, was arrested by military police.“Military police apprehended the solider and brought him into custody. He did have a weapon, it was a handgun, nonmilitary issue,” said Fort Campbell spokeswoman Cathy Gramling.Charges have not been filed and Fort Campbell officials declined further comment, but according to a soldier in the area at the time of the alleged attack, the suspect fired three shots at a group of soldiers in formation for PT in front of the division’s 1st Brigade Combat Team headquarters. After firing the first volley of shots, he ran behind the headquarters building of 2nd Battalion, 327th Infantry, where several troops were at work, said the soldier, who spoke on the condition his identity not be revealed.He said that when a soldier from the 2-327 opened a back door, the armed soldier allegedly fired another round of shots, which ricocheted off the ground and the building, then continued running.After evading soldiers at the 2-327, the gunman allegedly ducked into a building of the 3rd Battalion, 327th Infantry, shed a tactical holster, black jacket and balaclava mask, then walked out of the building and allegedly pointed to an area away from the building and told MPs at the site he had seen a man running in that direction, the soldier said. The MPs arrested the soldier on the spot and placed him in confinement.The 101st Airborne Division is in the process of deploying for its second rotation in Iraq and the Thursday shooting harked to a deadly incident two and a half years ago. According to the source, the suspect in Thursday’s shooting is a member of 326th Engineer Battalion, the same unit of former Sgt. Hassan Akbar, who was convicted of a grenade attack that killed two soldiers and wounded 14 others in the 1st BCT. The fragging incident took place March 23, 2003, in Kuwait, hours before the division crossed the berm into Iraq. In April, a jury of soldiers at Fort Bragg, N.C., sentenced him to death. Almost 10 years ago to the day of Thursday’s incident, Sgt. William Kreutzer opened fire on hundreds of paratroopers in formation at Fort Bragg, killing one injuring 18 others. He was captured by Special Forces soldiers performing PT nearby. Kreutzer was convicted and sentenced to death, but the sentence was overturned.... more »
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NATIONAL NEWSPAPERS - 14 OCT 05
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From the NY Times, Shots Fired at Soldiers <[link]> ("A soldier was arrested after firing five shots at a group of comrades during their morning workout, the Army said. No one was hit, said Cathy Gramling, a Fort Campbell spokeswoman. The soldier under arrest was not identified, and no immediate charges were filed. Ms. Gramling said the soldier was armed with a nonmilitary-issue handgun, in violation of regulations. The Army gave no motive for the shooting and would not say whether the soldier belonged to the unit fired on.").Categories: Attempted+Murder <[link]>, Newspapers <[link]> --Posted by Centrist to JAG CENTRAL <[link]> at 10/13/2005 09:03:00 PM... more »
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