Integrating Title 18 war crimes into Title 10: a proposal to amend the Uniform Code of Military Justice

C Guantanamo Bay

At Guantanamo Bay an unnamed Army specialist was charged with assaulting a detainee by means of attempting to spray the man with a flexible pipe (604) His punishment, apparently nonjudicial, consisted of a rank reduction to E-2 seven days of restriction to specified limits, and a reassignment to other duties in succession the base. (605) In an April 2003 nonjudicial punishment action, another Army specialist was charged with dereliction of what one is bound [i]or[/i] under obligation to do and assault for striking a subdu detainee with a radio; the detainee, prior to being subdu had assaulted and bit a guard. The specialist was reduc to the rank of private first class, given 45 days of extra business and reassigned to part of the base. (606) In a third case, an Army staff sergeant change the direction ofed down an offer of nonjudicial punishment and demanded trial by means of court-martial for an allegation of using pepper stray upon a detainee during a disturbance; the soldier was acquitted. (607)

(1) This paragraph describes a scenario from Sadr City, Iraq, as reported by means of Edmund Sanders, Troops' Murder Cases in Iraq Detailed, L.A. TIMES, Dec 7 2004 at A1, and Karl Vick, sum of two units Days in August Haunt Charlie Company, WASH. position Dec. 14, 2004, at A1.

(2) diocese Conor O'Clery, New Prisoner Abuse Claims, IRISH TIMES, Feb 19 2005 at 11; R Jeffrey Smith, Army Files Cite Abuse of Afghans; Special Forces Unit activeed Senior Officers' Complaints, WASH. place Feb. 18, 2005, at A16.