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SAN FRANCISCO, Jul 12 (OneWorld) - Iraq will ask the United
Nations to end immunity from local law for U.S. troops, the
country's human rights minister said on Monday, as the military
named five soldiers charged in a rape-murder case that has
outraged Iraqis.
According to the Pentagon, the indicted soldiers drank alcohol,
abandoned their checkpoint, changed clothes to avoid detection
and headed to a house, about 200 yards from a U.S. military
checkpoint in Mahmoudiya, a poor slum on the outskirts of
Baghdad. When they got there, the soldiers allegedly raped
a 14-year-old girl and then killed the victim and her family
to cover it up.
"One of the reasons for this is the UN resolution, which
gives the multinational force soldiers immunity," the
country's human rights Minister Wigdan Michael told Reuters.
"Without punishment, you get violations. This happens
when there is no punishment."
"We will ask them to lift the immunity," Michael
added. She said the Iraqi government will present demands
to the UN Security Council next month.
U.S. troops in Iraq serve under a United Nations mandate
that will expire at the end of the year.
Michael's comments come less than a week after Iraqi Prime
Minister Nouri al-Maliki called for the ability to prosecute
U.S. troops for crimes against Iraqi people. Speaking to reporters
in Kuwait, Maliki said, "the immunity given to members
of coalition forces encouraged them to commit crimes in cold
blood."
The United Nations mandate isn't the only barrier to prosecuting
U.S. troops in Iraqi court, however. In order to file criminal
proceedings against U.S. soldiers, the Iraqi government would
need to overturn an edict signed by former U.S. Administrator
Paul Bremer in June 2004. Before leaving the country Bremer
signed Order 17, which protected U.S. soldiers and military
contractors from being prosecuted in Iraq.
Instead the U.S. military has launched its own prosecutions.
Sixteen troops have been charged with murder in recent weeks
including Marines who allegedly killed 24 civilians in the
western Iraqi town of Haditha last November. The civilian
victims in Haditha included a 66-year-old woman and a 4-year-old
boy.
But despite those prosecutions, "many see this as a
situation of impunity," says Jim Poole, director of the
non-profit Global Policy Forum. "We've seen very clearly
that any legal action that the U.S. government takes is very
mild. It overlooks a lot of evidence and most importantly
anyone over the level of private has a very low chance of
getting convicted of anything."
In the case of the rape-murder in Mahmoudiya, a number of
troubling questions remain uninvestigated. According to the
Pentagon, the soldiers involved were able to illegally obtain
alcohol, leave their checkpoint, change clothes, rape a 14-year-old,
and kill five people including a five-year-old without their
superiors knowing.
Major John Morgan, a U.S. military spokesman in Baghdad,
told OneWorld that to his knowledge, none of the soldiers'
superiors are being investigated.
"If the allegations are true, you just have a group
of soldiers who lost their bearings and their military training,"
he said.
Some veterans of the war in Iraq doubt anything could have
been done to stop the war crimes.
"I want to say I'm surprised but I'm not really surprised,"
related Raf Noba, who served seven years in the military including
a year in Iraq. He said during the first year of the occupation
he did things "I'm not proud of." Since returning
to the United States, he's been active in the Iraq Veterans
Against the War group.
"After a while, you kind of lose the sense that the
people you are occupying are human after all. That's part
and parcel of the fact that you're really chasing ghosts,"
he said. "Iraqi insurgents blend in with the rest of
the population. I'm not making excuses, but I can totally
see how people would snap."
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