Courtesy of Michelle Malkin (Kill, Don’t Capture), CENTOM (linked on this web site) gives the following brief:

    BAGHDAD, Iraq – Coalition forces killed one terrorist, wounded another and detained one associate during a raid north of Balad on the morning of June 24. 

    Reliable intelligence indicates that the targeted terrorists were associated with numerous senior al-Qaida in Iraq members including two local Emirs.  The group is also reported to be tied to another recently captured individual who had previously led the overall network and has since admitted to countless attacks on Iraqi civilians.

    While the troops were moving to the target area they encountered two armed terrorists who attempted to engage the ground force.  The ground force immediately engaged the terrorists killing one and wounding the other.  The wounded terrorist was provided immediate first aid on site.

    Multiple men fled the immediate target area upon arrival of the assault force.  The ground force then quickly contained and secured the target area.

    The troops pursued and ultimately detained another suspect.

Michelle observes that it is better to accomplish a kill in the field.

The history of the M16A2 (and the whole Stoner system of weapons) is interesting.  What you don’t usually see in writing anywhere is that the U.S. adopted the small caliber (.22 caliber, or 5.56 mm) round due in part to its being a more humane weapon, tending to wound rather than kill, as opposed to the 7.62 mm NATO round, which tended to main or kill just about no matter where it hit.

However, the upshot is that they teach Marines to place the round in the right location to accomplish a kill.  Moreover, the light weight of the M16A2 allows it to be brought to bear on a target more quickly than the heavier M14.  Also, the smaller round (a) gives much less recoil than the 7.62 mm round, and (b) gives it a high muzzle velocity that allows good body armor penetrating capability.

Finally, the United States Marines, unlike every other branch of the military here or abroad, requires every Marine to qualify on his M16A2 at 500 yards.  Today, a variant of the M16A2 is used — the M4, with a shorter stock and barrel.  It is capable of single shot or three-round bursts.  The SAW (Squad Automatic Weapon, one per fire team of four Marines) is also a 5.56 mm round, capable of fully automatic firing.

Sometimes we get the sweet satisfaction that even when the left tries to harm us (more “humane weapon”), the law of unintended consequences gives us a nice gift.  The M16A2.

From Haaretz:

Earlier Tuesday, Israel Defense Forces infantry and armored soldiers surrounded the Hezbollah stronghold in the south Lebanese town on Bint Jbail.

Military officials said Golani Brigade infantry troops had surrounded the village, imposed a closure and seized some houses on the outskirts. But the army said fighting with guerrillas was ongoing.

And from Reuters:

JERUSALEM (Reuters) – Israeli forces battled to take over a second Hizbollah stronghold in southern Lebanon on Tuesday in intensifying ground clashes with the guerrillas’ frontier garrison, sources on both sides said.

Calling Bint Jbeil “one of the major Hizbollah centers”, an Israeli military spokesman said tanks and troops had sealed off the town, killed or wounded dozens of guerrillas, and were engaged in sporadic firefights with the hold-outs.

“We are operating in the town. I can’t say we are in total control of the town yet,” the spokesman said.

It appears that the U.S. has given Israel between 10 and 14 days to finish dealing Hezbollah a strategic blow.  First, why a range?  So if Israel has completed its work in 9 days, this is not acceptable?  Giving a range of dates (with a lower bound) is nonsense.  Finally, I have a better idea for the upper bound.  Israel must stand down on hostilities upon completion of the destruction of Hezbollah.

“What a strange title for a post,” you might be thinking.  I am neither a lawyer nor a prophet, so I cannot speak with absolute or infallible authority on the subject of rules of evidence, especially when it comes to the legal requirements.  However, I have followed the Hamdania case with close interest given that (a) I have thought about the issues before during seminary training, and (b) my son will soon deploy to Iraq.

In my last post on this subject, “Premature to Investigate Evidence for Hamdania Marines,” I noted that the prosecution stated that there was no assurance that anyone from Iraq would testify at the trials of the seven Marines and one Navy Corpsman, since there was no protocol or procedure to cause this to occur.  At this point, seminary training kicked in and I began to think about the moral requirements for evidence; after all, these men are on trial for their lives.  As if anyone needed to be reminded, this is a death penalty case. They are on trial for murder.

To begin with I will quote R. J. Rushdoony, The Institutes of Biblical Law.  After citing Deut 17:6, Deut 19:15, Num. 35:30, Matt. 18:15-16, and 2 Cor. 13:1, Rushdoony says:

As noted previously, we are not under any moral obligation to tell the truth to an enemy seeking to harm or destroy us.  The duty to tell the truth is reserved for normal relationships which are within the framework of law, and to the proceedings of courts of law in church, state, and other institutions.

Even here, however, there are limitations on the power of the court or the demands of other persons.  The Biblical law of testimony does not permit torture or coerced confessions.  Voluntary confession is possible, but two or more witnesses are required for conviction.  More strictly, confession is never cited in the law; its place in a court was apparently only in connection with corroborating evidence.  Thus Achan’s confession required confirming evidence before he was sentenced and executed (Joshua 7:19-26).  The voluntary aspect of Achan’s confession must be noted.  Biblical law preserves the integrity of the individual against forced confession; the right of citizens to be protected from the power of the state to compel their self-incrimination does not appear outside of the Biblical legal tradition.  The Fifth amendment to the U.S. Constitution of 1787 embodied this protection: no person can be placed in double jeopardy, “nor shall be compelled, in any criminal case, to be a witness against himself.”

The UK has similar rules regarding confession and evidence, due in no small part to their Christian heritage and tradition.  Biblically, we see that compelling, consistent (two or more), and public witness to the charges against the accused is necessary for conviction.  Further, the penalty for those guilty of perjury is the same punishment as would have been inflicted on the defendant had he been found guilty, thus setting a high bar for testimony (Greg Bahnsen, Theonomy in Christian Ethics, page 556).  Morally speaking, the requirement to testify truthfully in situations of testimony is literally a matter of life and death.  People speaking, and speaking truthfully and consistently, is a requirement for finding the defendant guilty, and the punishment for bearing falsehood is severe.  However, we learn from the prosecutors of the case against the Hamdania Marines that there might be no one appearing on the witness stand to accuse the Marines of anything.

Just as troubling is what might happen if the “witnesses” did show up to testify.  In my “Iraq: Land of Lies and Deceipt,” I cited an article that quoted a U.S. contractor who said:

I’ve been in Iraq for about 18 months now performing construction management. It is simply not possible for me to exaggerate the massive amounts of lies we wade through every single day. There is no way – absolutely none – to determine facts from bulls*** ….

It is not even considered lying to them; it is more akin to being clever – like keeping your cards close to your chest. And they don’t just lie to westerners. They believe that appearances–saving face–are of paramount importance. They lie to each other all the time about anything in order to leverage others on a deal or manipulate an outcome of some sort or cover up some major or minor embarrassment. It’s just how they do things, period.

I’m not trying to disparage them here. I get along great with a lot of them. But even among those that I like, if something happens (on the job) I’ll get 50 wildly different stories, every time. There’s no comparison to it in any other part of the world where I’ve worked. The lying is ubiquitous and constant.

In addition to “saving face,” there are other possible reasons for dishonesty.  Blood money.  It is paid to compensate the families or tribes of people who have been killed, and more specifically, are the victims of collateral damage.  It is custom and standard practice in Iraq, limited to non-combatants by the U.S., and there is little doubt that refusal to pay this blood money to some of the victims of the Haditha incident created the existence of “witnesses” to the “atrocities” in Haditha.  It is possible that money figures into the Hamdania case as well.

As to the fact that this approach (i.e., this high bar for testimony and evidence in the western tradition) means that the job of investigators and prosecutors is more difficult, we have to answer that this is indeed the case, and it is the case by intention.  In fact, the moral rules of evidence that I am discussing contemplate unrewarding outcomes of the application these rules:

Believe it or not, the Bible itself teaches that the accused is innocent until proven guilty. This presumption of innocence is not an artifice of liberal twentieth century jurisprudence. It is biblical. According to biblical justice, if only one witness could testify to the guilt of the accused, the accused walked free. Biblical justice, then, contemplates the chance that a truly guilty criminal might go unpunished. Why? Better that one or more truly guilty men go unpunished than that one innocent man be punished for a crime he didn’t commit. To safeguard against punishing the innocent, the Bible instructs us that the accused is innocent until proven guilty.

We live in an increasingly immoral society.  The answer to this immorality is not more severe application of iterrogation techniques or the violation of rights recognized in the U.S. Constitution.  The answer to social immorality is to be found in society’s life with God, not its life with the state.  The state cannot legitimately replace God.

Dan Riehl has outlined a number of troubling things about the alleged event.  A number of things don’t add up about the accounts to date.  Notwithstanding the troublesome accounts of the witnesses, and notwithstanding the moral requirements of two or more witnesses testifying to exactly the same thing, and notwithstanding the deceiptful tradition in which the Iraqis have been raised, and notwithstanding the questionable interrogation techniques used to obtain these “confessions,” the Camp Pendleton eight are still in the brig — and it is possible that no witnesses will show up at the trial, while “confessions” are used where no one was present except the interrogator.

Does anyone else out there find this puzzling and troubling?

Prior:

• Hamdania (Pendleton 8) Update
• Perplexing Lack of Official Cooperation in Hamdania Case
• Camp Pendleton 8 Update
• Jodka’s Lawyer Just Interviewed on O’Reilly
• The Camp Pendleton 8
• My Phone Discussion with Camp Pendleton and Marines in Shackles

From Reuters (US Commander: Insurgents Shift Target to Iraq Army):

Insurgents in northern Iraq have stepped up attacks against Iraqi forces, shifting away from U.S. and coalition targets as Iraqi security personnel prepare to lead operations in Mosul, a U.S. commander said on July 20.  “We’ve seen and will likely see an increase in attacks against Iraqi security forces due to the increase in their effectiveness at neutralizing the insurgency and providing for the security of the people,” said Col. Michael Shields, commander of the 172nd Stryker Brigade Combat Team operating primarily in the Mosul area.  Shields, speaking to reporters in Washington by videoconference, said attacks were up slightly overall.  Insurgent attacks have increased from seven to nine per day to as many as 10 per day. Still, Shields said attacks remain below levels seen in late 2004 when the Iraqi police force in Ninevah province collapsed and fighting between U.S. forces and insurgents soared in the cities of Mosul and Tal Afar.

From the Jerusalem Post:

The following number of Katyushas have been fired at Israel:

Meanwhile, the IDF has destroyed:

Courtesy of Michelle Malkin who points us to another Debbie Schlussel piece on Hezbollah activities in the U.S., we learn more about the dear Imam Elahi, the “charitable” organization Al Mabarat (a Hezbollah front organization), Hezbollah financier Talal Chahine and the Dearborn, Michigan, connection.  Dearborn is being called the “Capital of Islam” in America.  This is a tangled web of deceipt, terrorism fundrasing, lies and official government inactivity to stop it.

We noted previously that the FBI was having meetings with the Imam in order to “build bridges.”  Yes, that’s right.  Build Bridges.  You can donate money to Al Mabarat and claim it as an income tax deduction next April.  You can also go to Dearborn, Michigan, and hear calls to prayer waft up during the day from the Mosques — with the approval of city council.

Prior at the Captain’s Journal:

• Hezbollah Sleeper Cells to be Activated
• What if Hezbollah Hits Power Grid?
• The Department of Homeland Hezbollah
• More on Hezbollah Threat to U.S.
• Hezbollah Reiterates Threat to Attack U.S. Interests Around Globe
• Are we Prepared for Hezbollah Attacks in the U.S.?

In “Haditha Hoax and Future Knee-Jerk Reactions,” I mentioned two Gaurdsmen who were being considered for charges of manslaughter.  They have been cleared — sort of.  Reuters is reporting:

BAGHDAD – The U.S. military has cleared a soldier of unlawfully killing an Iraqi civilian after investigators concluded Specialist Nathan Lynn had reason to believe the man was carrying a gun when he opened fire. 

But there is still something outstanding on this whole issue.

The military spokesman said commanders had yet to decide whether to refer Ortiz to court martial on the conspiracy charge. Ortiz is also charged with a separate offence on March 8 of threatening an Iraqi with a weapon. 

According to the story, Ortiz had reason to believe that an Iraqi individual had intelligence regarding a credible threat to the safety of our troops.  He then took an unloaded weapon and held it to the head of the individual in an attempt to obtain that information.

At the time I said that if U.S. troops believe that an individual has intelligence regarding a credible threat to our troops, and threatens that individual in an attempt to obtain that intelligence, I support it.  Of course I would.

I still do.  Of course I do.  This is war.  What do people think happens in war?  Someone (i.e., the Iraqi individual) was under emotional duress.  So what?  What I want to know is this: did we get the information we wanted?

In “Haditha Hoax and Future Knee-Jerk Reactions,” I mentioned two Gaurdsmen who were being considered for charges of manslaughter.  They have been cleared — sort of.  Reuters is reporting:

BAGHDAD – The U.S. military has cleared a soldier of unlawfully killing an Iraqi civilian after investigators concluded Specialist Nathan Lynn had reason to believe the man was carrying a gun when he opened fire. 

But there is still something outstanding on this whole issue.

The military spokesman said commanders had yet to decide whether to refer Ortiz to court martial on the conspiracy charge. Ortiz is also charged with a separate offence on March 8 of threatening an Iraqi with a weapon. 

According to the story, Ortiz had reason to believe that an Iraqi individual had intelligence regarding a credible threat to the safety of our troops.  He then took an unloaded weapon and held it to the head of the individual in an attempt to obtain that information.

At the time I said that if U.S. troops believe that an individual has intelligence regarding a credible threat to our troops, and threatens that individual in an attempt to obtain that intelligence, I support it.  Of course I would.

I still do.  Of course I do.  This is war.  What do people think happens in war?  Someone (i.e., the Iraqi individual) was under emotional duress.  So what?  What I want to know is this: did we get the information we wanted?

From the Jerusalem Post:

Hizbullah “sleeper” terror cells set up outside Lebanon with Iranian assistance have been put on standby The Jerusalem Post learned on Sunday, and are likely planning attacks against Jewish and Israeli targets throughout the world.

We have discussed world-wide Hezbollah before and the necessity to prepare for attacks.  The Post doesn’t specifically mention the U.S.  However, we are fooling ourselves if we think we are immune.  The world knows that we help to arm Israel, and we have made it no secret that the only democracy in the middle east – Israel – is our ally.

Prior at the Captain’s Journal:

• The Department of Homeland Hezbollah
• More on Hezbollah Threat to U.S.
• Hezbollah Reiterates Threat to Attack U.S. Interests Around Globe
• Are we Prepared for Hezbollah Attacks in the U.S.?