Tuesday, October 20, 2015

Kunduz fallout?

Readers will be aware of the horrible event--the bombing of a Doctors Without Borders hospital in Kunduz, Afghanistan,  A U.S. investigation is underway, which some, including Doctors Without Borders say, is inadequate.  This is not the first time Kunduz has been bombed in a manner that led to political repercussions, especially in Germany, due to a high civilian death toll.

The question becomes who was responsible, why, and was any criminal misconduct the cause or significant factor.  Here, I'm thinking of gross negligence or dereliction of duty which could be punishable under the Uniform Code of Military Justice for U.S. military personnel involved.

In an article today, the Washington Examiner tells us that Experts predict Kunduz bombers won't get jail time.

The article notes several past incidents of significant civilian casualties from military operations in which no or only administrative actions were taken.  The article notes  for example the Ashby case.

Check United States v. Ashby, No. 200000250, 2007 CCA LEXIS 235 (N-M. Ct. Crim. App. June 27, 2007) (unpub.), 68 M.J. 108 (C.A.A.F. 2009).  He and his navigator [and here] did get in trouble for destroying potential evidence--it's the cover-up, not the crime.  There was some significant litigation about command influence affecting the case, à la Bergdahl.

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