Bradley Manning Pleads Guilty

"Aiding the enemy is a broad and vague offense. In the past, it was used in hard-core cases where somebody handed over information about troop movements directly to someone the collaborator believed to be 'the enemy, to American POWs collaborating with North Korean captors, or to a German American citizen who was part of a German sabotage team during WWII. But the language of the statute is broad. It prohibits not only actually aiding the enemy, giving intelligence, or protecting the enemy, but also the broader crime of communicating—directly or indirectly—with the enemy without authorization. That's the prosecution's theory here: Manning knew that the materials would be made public, and he knew that Al Qaeda or its affiliates could read the publications in which the materials would be published. Therefore, the prosecution argues, by giving the materials to WikiLeaks, Manning was 'indirectly' communicating with the enemy. Under this theory, there is no need to show that the defendant wanted or intended to aid the enemy. The prosecution must show only that he communicated the potentially harmful information, knowing that the enemy could read the publications to which he leaked the materials." Link. This article portrays the prosecution's theory as novel. I am aware that one commenter here does not accept Professor Benkler as an authority in this matter, but I will not be able to address that question for some time.

You failed to address the question you quoted. Manning isn't "the press". You were asked "where exactly is the "Clear and present danger" to the press that you alleged when you quoted professor Benkler".
 
You are mistaken. It's available for free on the Al Jazeera website.
"Mark Taylor, an expert on international law and a director at the Fafo Institute for International Studies in Norway, has stated that there is 'a case to be made that a war crime may have been committed'.[101]" This is from Wikipedia. Reference 101 is: Fordham, Alice, Baghdad families to sue US Army over deaths in 2007 airstrike 'mistake', The Times, April 8, 2010. This site requires registration with the Times, and it may require a paid subscription. The subsequent quote came from Al Jazeera.
 
"Mark Taylor, an expert on international law and a director at the Fafo Institute for International Studies in Norway, has stated that there is 'a case to be made that a war crime may have been committed'.[101]" This is from Wikipedia. Reference 101 is: Fordham, Alice, Baghdad families to sue US Army over deaths in 2007 airstrike 'mistake', The Times, April 8, 2010. This site requires registration with the Times, and it may require a paid subscription. The subsequent quote came from Al Jazeera.

Jesus tapdancing Christ, no. Al Jazeera made the initial interview. Timesonline quoted Al Jazeera. The original quote is available for free at the Al Jazeera website.

http://www.aljazeera.com/news/middleeast/2010/04/20104782857326667.html

When you're in a hole, stop digging.
 
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reasonable people may differ

Sure, I can agree with that. It's plain to see that no war crime was committed when looking at the video. That's not what Taylor meant, though. So, again, how can a case be made for either murder, rape or manslaughter given the footage we have seen?
Agree with what? Are you withdrawing comment #176? I read Mr. Taylor's comments differently from you. He is talking about precedents from things that have already been prosecuted (murder, rape, and manslaughter) not about the matter presently being considered.

"The video has launched a debate about the legality of the attack, which also wounded two children (you can read our take here). Yesterday, Reuters' deputy Brussels bureau chief Luke Baker filed a muscular story repeating allegations from several human rights and international law experts that the killings may have constituted war crimes. But Reuters chief David Schlesinger, a tipster says, spiked the story because "it needed more comment from the Pentagon and U.S. lawyers." It never ran, but you can read it in full below." Link. IANAL and I have no opinion on whether or not a war crime was committed. What is clear is that people with more legal and military knowledge than I have think it is possible (scroll down the link for Chris Cobb-Smith's comments). Reasonable men and women may differ on this question IMO. If you think otherwise, then so be it.
 
Agree with what?

Agree that it is easier to see whether a war crime has been committed or not when you have it on video.

Are you withdrawing comment #176?

No. Why should I?

I read Mr. Taylor's comments differently from you. He is talking about precedents from things that have already been prosecuted (murder, rape, and manslaughter) not about the matter presently being considered.

Then - once again - what case is there to be made for a war crime being committed based on this video? Please answer this time.

"The video has launched a debate about the legality of the attack, which also wounded two children (you can read our take here). Yesterday, Reuters' deputy Brussels bureau chief Luke Baker filed a muscular story repeating allegations from several human rights and international law experts that the killings may have constituted war crimes. But Reuters chief David Schlesinger, a tipster says, spiked the story because "it needed more comment from the Pentagon and U.S. lawyers." It never ran, but you can read it in full below." Link. IANAL and I have no opinion on whether or not a war crime was committed. What is clear is that people with more legal and military knowledge than I have think it is possible (scroll down the link for Chris Cobb-Smith's comments). Reasonable men and women may differ on this question IMO. If you think otherwise, then so be it.

I think otherwise.

Could you find anyone making a case for a war crime being committed based on the evidence of the video, who actually lays out the case, pointing to the actual articles in the Law of Armed Conflict that were allegedly broken, and how they were broken? Please note that firing on people lying down isn't a war crime, despite what Daniel Ellsberg says.
 
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back at you

Jesus tapdancing Christ, no. Al Jazeera made the initial interview. Timesonline quoted Al Jazeera. The original quote is available for free at the Al Jazeera website.

http://www.aljazeera.com/news/middleeast/2010/04/20104782857326667.html

When you're in a hole, stop digging.
Apparently the quote is in several places. If anything that fact gives you less of an excuse for messing up what he said in message #151. Apparently I need to remind you that you wrote, "What war crime was committed according to Taylor?" Why is it so difficult for you to admit your question was a misstatement of his view?
 
Apparently the quote is in several places.

It's a quote he gave to Al Jazeera. Say it with me: "Al Jazeera". You were wrong. It doesn't hurt to admit it.

If anything that fact gives you less of an excuse for messing up what he said in message #151.

I didn't.

Apparently I need to remind you that you wrote, "What war crime was committed according to Taylor?" Why is it so difficult for you to admit your question was a misstatement of his view?

It wasn't. You apparently have a problem parsing the English language.
 
several viewpoints

"Chris Cobb-Smith, a former British army officer who has conducted investigations in war zones, said knowing exactly what rules of engagement the pilots were operating under was critical to understanding whether they had acted appropriately.

But even then, he said, the decision to fire on the van as unarmed men came to help one of the wounded appeared to be a clear breach of the laws governing military conduct in war.

"Engaging the people picking up the wounded is outrageous,"he said. "That is the element that is blatant. That is against all humanitarian law and the rules of conflict — most definitely and without a doubt," he told Reuters."

And "Bibi van Ginkel, an international lawyer and senior fellow at the Clingendael Netherlands Institute of International Relations, said the video was only a fragment of evidence and more investigation was needed. But still she added:

"My first guess would be that a war crime was committed. Very simply speaking, if people are helping the wounded, they are non-combatants. If force is used against them, then that is a war crime. But will it be investigated."

While the video footage, with its gung-ho audio track —including the words "look at all those dead bastards" — is shocking, some military experts said there may be nothing wrong with the acts carried out given the combat environment.

In a military courtroom, a jury would have to decide if the gunner "honestly and reasonably" believed he was shooting the enemy, Gary Solis, a military law expert at Georgetown University, told online magazine Salon. "That will always be a defence," he said."

So reasonable, knowledgable men and women seem to differ. An anonymous internet poster thinks he has it all figured out. Thanks, and have a nice day.
 
"Chris Cobb-Smith, a former British army officer who has conducted investigations in war zones, said knowing exactly what rules of engagement the pilots were operating under was critical to understanding whether they had acted appropriately.

Not critical to understanding whether they broke the laws of war or not.

But even then, he said, the decision to fire on the van as unarmed men came to help one of the wounded appeared to be a clear breach of the laws governing military conduct in war.

Which article and how?

"Engaging the people picking up the wounded is outrageous,"he said. "That is the element that is blatant. That is against all humanitarian law and the rules of conflict — most definitely and without a doubt," he told Reuters."

Which article and how?

And "Bibi van Ginkel, an international lawyer and senior fellow at the Clingendael Netherlands Institute of International Relations, said the video was only a fragment of evidence and more investigation was needed. But still she added:

"My first guess would be that a war crime was committed. Very simply speaking, if people are helping the wounded, they are non-combatants. If force is used against them, then that is a war crime. But will it be investigated."

Not correct. Unless the man helping the wounded was wearing a protective emblem, he could reasonably be expected to be a combatant. This argument is further strengthened by the fact that none of the insurgents were wearing uniform, but were still engaging in armed struggle.

While the video footage, with its gung-ho audio track —including the words "look at all those dead bastards" — is shocking, some military experts said there may be nothing wrong with the acts carried out given the combat environment.

In a military courtroom, a jury would have to decide if the gunner "honestly and reasonably" believed he was shooting the enemy, Gary Solis, a military law expert at Georgetown University, told online magazine Salon. "That will always be a defence," he said."

Sure as hell would be a defense. A fairly air-tight one given the situation.

So reasonable, knowledgable men and women seem to differ. An anonymous internet poster thinks he has it all figured out. Thanks, and have a nice day.

Reasonable and knowlegable men and women agree with me as well. Thing is, none of your reasonable and knowledgable men and women have laid out what article was broken and how.
 
Yes, I know. I've quoted it back to you already.
Not so fast. I found the quote first at Wikipedia, then at this site, to which I linked in message #158. All you did was to find the same article under a different URL in message #183.
 
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time to brush up

Indeed it is. That's why it's amusing to me that you are unable to understand it.



I'll take this as your withdrawal from this thread then.
You wrote, "What war crime was committed according to Taylor?" Did Mr. Taylor ever say a war crime was committed? A simple yes or no will suffice, although an apology for failing to correct your own mistake is highly recommended.

I suggest you brush up on your parsing skills. I won't engage with posters who lie or blatantly misrepresent the truth, or who offer thinly veiled insults. I will do as I please with respect to the thread.
 
So in other words you can't define when the battlefield was inactive. Got it.

Think about what you are trying to argue here. Nobody's shooting, nobody's there, nobody's in line of sight, it's been quiet for minutes... and you're trying to make up some nitpicking complaint out of nowhere that "inactive" has been insufficiently defined for your personal tastes.

No. Surprise, surprise. When combatants dress as civilians then civilians will get mistaken for combatants. It is the fault of the illegally dressed combatants that this happens and it is against the rules of war as defined in the Geneva Conventions.

Are you under the mistaken impression that the GCs have some sort of universal get-out clause that says "If someone on the other side breaks the rules, you can break them as much as you like?". (As opposed to the GCs explicitly saying the exact opposite?). Or is this just a straw man, an attempt to sneak away from the topic of whether it is okay to shoot at civilians dressed as civilians assisting the wounded after a battle is over? Because the fact that some other people also broke the rules of war is in no way a Get Out Of War Crimes Free card for US forces to cash in later.

One of the things that makes an illegal combatant an illegal combatant is the lack of a uniform or other identifiable markings. Stop arguing about something that you apparently know nothing about. It makes you look like a fool.

You've stopped making sense entirely at this point. It's not even clear any more what errors you are making, because your post is so confused.

You could be trying to argue that because illegal combatants lack uniforms, people who lack uniforms are illegal combatants. That would be a classic logical fallacy.

Or you could have no idea about the GCs, and think that the GCs say that if there is an illegal combatant dressed as a civilian somewhere in a city, that the GCs say that it's open season on all people dressed as civilians in that city.

Well, except for the weapons found with their bodies and that the ground forces had been shot at with weapons just like them of course...

Do you even believe the things you are typing? Or are you just bashing the keyboard in an angry haze, convinced that it's your moral duty to post something that seems to disagree with everything I say?

Every armed faction in Iraq had rifles and rpgs. If you're seriously trying to argue that everyone in Iraq with a rifle or an rpg had to have been in on that one previous attack, then you must think that attack looked like a music festival, or Times Square on New Year's Eve.

Common sense says that if it walks like a duck, quacks like a duck and looks like a duck that it's probably a duck. Unless of course you really want it to be a goose...

Apologist foolishness says that if you saw this one duck this one time, everything else you ever see that has webbed feet is that one duck.

Now you might have noticed, if you were paying attention, that nobody is claiming that the initial attack was a war crime. The targets did have weapons, and while it's clear with hindsight that they probably had nothing to do with the original attack because of the way they were behaving, the people who killed them have a sketch of a defence at least by saying "We were looking for bad guys with guns dressed as civilians, they were guys with guns dressed as civilians in the same kind of area, we goofed but it was defensible".

That's not to say that rational people watching the video might not have serious second thoughts about what the hell US forces in Iraq are actually doing, if their previous understanding had been based on the version of the war packaged for domestic consumption. The myth of "our brave boys fighting for freedom" doesn't mesh well with our boys in the safety of a flying pillbox a kilometre or more from danger massacring people who weren't obviously doing anything wrong. However it's probably not a war crime - just relevant, important information the US armed forces didn't want the US population to know.

Conquered areas are not war zones.

You're playing semantic games now?

Conquered areas are not war zones if you are doing it right. However that would have cost money in the short term, and the Bush government was trying to conquer Iraq on the cheap. US forces had wiped out the Iraqi government forces, but they hadn't moved to fill the power vacuum they created.

My facts are sound and verifiable. You are conflating facts with your opinion which is apparently less than sound and made up in your head as you go.

Fact: Combatants dressed as civilians were firing on US forces.

Fact: Said combatants had civilians in their midst.

Fact: Said civilians did not have any identifiable markings discerning them from combatants (such as a Red Cross or Red Crescent). As such they were treated as combatants in a combat situation.

Fact: Combat was still in process when the civilians were fired upon. That the civilians did or did not not know this is irrelevant and is why this action was not a crime. It's very sad but this is how it works out sometimes.
You are free to think what you may however the facts will not change.

Do you really think, here of all places and with me of all people, that you were going to get away with the "three truths and then a huge lie" attack?

When the Good Samaritans were fired upon there was no ongoing engagement. You can make up some semantic waffle about "still in process" where "still in process" means whatever you want it to mean, but there was no ongoing engagement and at that point civilians are absolutely protected by the GCs when they are assisting the wounded.

The US occupiers in Iraq were upset that wounded insurgents were being retrieved from the battlefield. The US occupiers would rather those people had bled out and died, or been captured so they could torture them for information. So the US occupiers decided that they would kill civilians assisting the wounded after hostilities had ceased, which is a war crime. (Torturing people isn't cool either, but that's a different topic). That's the story. Just because you don't like the taste doesn't make it any less true.
 
(highlighting mine) Although I find this mildly interesting, I thought Manning (not Wikileaks) was the subject of this thread.

Manning and Wikileaks are very closely related, since that is who he released the documents to.
 
Think about what you are trying to argue here. Nobody's shooting, nobody's there, nobody's in line of sight, it's been quiet for minutes... and you're trying to make up some nitpicking complaint out of nowhere that "inactive" has been insufficiently defined for your personal tastes.

Your claiming that the battlefield was inactive does not make it in fact inactive. The engagement was still ongoing and had started over an hour previous. You want it to be inactive to somehow get to a war crime. Meanwhile you ignore the rest of the ongoing situation and what was going on previously.

Are you under the mistaken impression that the GCs have some sort of universal get-out clause that says "If someone on the other side breaks the rules, you can break them as much as you like?". (As opposed to the GCs explicitly saying the exact opposite?). Or is this just a straw man, an attempt to sneak away from the topic of whether it is okay to shoot at civilians dressed as civilians assisting the wounded after a battle is over? Because the fact that some other people also broke the rules of war is in no way a Get Out Of War Crimes Free card for US forces to cash in later.

And this is why you want the battle to be over even when it was not. And no there is not a get out of jail free card, however there has to be a reasonable expectation that someone is a civilian and not someone involved in the fighting that is dressed like a civilian. The men who were actual combatants were seen being dropped of by a black van, soon after they were engaged by the aircraft a black van drove up and was doing something with the now injured men. This is what the people in the aircraft knew. Based upon that knowledge they shot at the black van and the man driving it.

When the Good Samaritans were fired upon there was no ongoing engagement. You can make up some semantic waffle about "still in process" where "still in process" means whatever you want it to mean, but there was no ongoing engagement and at that point civilians are absolutely protected by the GCs when they are assisting the wounded.

You are simply incorrect about the engagement being over. You are making the same mistake as the civilian who got shot. The ground forces were still approaching and the aircraft was still looking for some combatants who had gotten away or were not standing with the first group. They had reports of other combatants who were in a black van driving around and supporting the people who they had just shot at.

Now it's more than likely true that the Good Samaritan didn't know this however it is not a war crime to shoot at someone who stumbles into a combat zone no matter what their intent is. If the Good Samaritan had some sort of markings on the vehicle indicating that he was giving medical help and then he was fired upon then it would be a war crime to shoot at him. However that was not the case here.
 
"Aiding the enemy is a broad and vague offense. In the past, it was used in hard-core cases where somebody handed over information about troop movements directly to someone the collaborator believed to be 'the enemy, to American POWs collaborating with North Korean captors, or to a German American citizen who was part of a German sabotage team during WWII. But the language of the statute is broad. It prohibits not only actually aiding the enemy, giving intelligence, or protecting the enemy, but also the broader crime of communicating—directly or indirectly—with the enemy without authorization. That's the prosecution's theory here: Manning knew that the materials would be made public, and he knew that Al Qaeda or its affiliates could read the publications in which the materials would be published. Therefore, the prosecution argues, by giving the materials to WikiLeaks, Manning was 'indirectly' communicating with the enemy. Under this theory, there is no need to show that the defendant wanted or intended to aid the enemy. The prosecution must show only that he communicated the potentially harmful information, knowing that the enemy could read the publications to which he leaked the materials." Link. This article portrays the prosecution's theory as novel. I am aware that one commenter here does not accept Professor Benkler as an authority in this matter, but I will not be able to address that question for some time.

That did not answer the question at all. Where is the "Clear and present danger to the press" that you claimed? If it is so clear and so present then you should be able to point it out quite easily.
 
Question: Did the NY Times encourage Ellsberg to steal the documents in the same way Wikileaks did to Manning?
 
There's no evidence to indicate that Wikileaks encouraged Manning in any way, Travis; where did you hear that, if I may ask?

Everything I've heard is that it was all Manning's idea; the transcripts of the conversations he had with Adrian Lamo apparently bear that out.
 
Your claiming that the battlefield was inactive does not make it in fact inactive. The engagement was still ongoing and had started over an hour previous. You want it to be inactive to somehow get to a war crime. Meanwhile you ignore the rest of the ongoing situation and what was going on previously.

Well, it's been fun but it's time to pull the rug out from under you. The GCs actually don't say anything about the engagement being ongoing.

The civilian population are permitted, even on their own initiative, to collect and care for the wounded, even in invaded or occupied areas. The GCs require that no one shall be harmed, prosecuted, convicted or punished for such humanitarian acts. (This is a very close paraphrase of Article 17 of the 1949 additional protocols).

Nobody's going to get outraged if civilians get shot running out into an ongoing battle trying to help wounded people, but there was no ongoing battle for US forces to use as an excuse to be shooting. There were no enemies for them to be shooting at. There was no enemy fire for them to return. Just civilian Good Samaritans engaging in activities specifically protected under the GCs.

And this is why you want the battle to be over even when it was not.

It never actually mattered. You had no idea what the GCs actually said and were latching on to this point because you thought it might be important.

And no there is not a get out of jail free card, however there has to be a reasonable expectation that someone is a civilian and not someone involved in the fighting that is dressed like a civilian. The men who were actual combatants were seen being dropped of by a black van, soon after they were engaged by the aircraft a black van drove up and was doing something with the now injured men. This is what the people in the aircraft knew. Based upon that knowledge they shot at the black van and the man driving it.

Once again, you don't know much about the GCs. Collective responsibility, or punishing A because B broke the rules, is explicitly forbidden.

If you want to shoot someone for being an illegal combatant you need good reason to think they personally are an illegal combatant. You can't just shoot any civilian you see because you think there might be an illegal combatant around.

That includes shooting a black van because you much earlier saw a black van doing something you didn't like. You could maybe make a defence if you saw a black van drive behind a bush and then you shot some other black van that came out from behind that bush. Not so much if it's "I heard there was a black van maybe involved somewhere in the area, in a civilian city with a potentially large number of black vans, so I shot some black van".

You are simply incorrect about the engagement being over. You are making the same mistake as the civilian who got shot. The ground forces were still approaching and the aircraft was still looking for some combatants who had gotten away or were not standing with the first group. They had reports of other combatants who were in a black van driving around and supporting the people who they had just shot at.

Same problem. Civilians are protected while helping the wounded, regardless of whether they get out of a black van. Unless you think there's only one black van in Iraq?

Now it's more than likely true that the Good Samaritan didn't know this however it is not a war crime to shoot at someone who stumbles into a combat zone no matter what their intent is.

The Geneva Conventions disagree. They think it's a war crime. Guess who wins when it's down to your opinion versus the GCs?

If the Good Samaritan had some sort of markings on the vehicle indicating that he was giving medical help and then he was fired upon then it would be a war crime to shoot at him. However that was not the case here.

You're confusing the sections about the protections afforded marked medical personnel with the sections about the protections afforded civilians. Don't feel bad - every war crimes apologist I've ever encountered who tried to defend this war crime made exactly that mistake at some point.
 

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