President Donald Trump on Friday cleared three military service members of war crimes, even after being reportedly advised against doing so by Defense Secretary Mark Esper and Army Secretary Ryan McCarthy. Mr. Trump interceded on behalf of Army Maj. Mathew Golsteyn, who had been charged with murdering an Afghan man; Edward Gallagher, a Navy SEAL who was convicted in connection with posing for a photo with the corpse of a fighter in Iraq; and Army First Lt. Clint Lorance, who, after nine fellow unit members testified against him, had been convicted of murdering two civilians in Afghanistan.
Mr. Trump may believe that intervening pays respect to those who have served in uniform, that it shows he’s “pro-military.” But if this is his view, he’s wrong. In reality, Mr. Trump’s meddling undermines the military’s institutional values, risks endangering American service members, and disrespects the honorable service of the overwhelming majority of veterans.
The military strives to ensure that its members adhere to the laws of war and respect human rights. Service members are trained, for example, to avoid civilian casualties by understanding rules of engagement and following the proper steps for escalation of force. They also learn the appropriate ways to treat detainees, and interrogators are trained to employ only the approved, legal methods.
During my two deployments to Afghanistan, my intelligence work helped lead to the capture of insurgent leaders. Sharing responsibility for their capture and as a recipient of the intelligence produced by their interrogations, I had a sense of moral reassurance in the understanding that my colleagues handled and interrogated the detainees humanely — just as they had been trained.
The lessons service members learn about the laws of war are not an afterthought. Rather, they are central, emphasized time and again — from training sessions and exercises, to military ethics discussions, to actual combat deployments. The Army’s official values, after all, demand that soldiers “do what’s right, legally and morally” and “treat others with dignity and respect,” making no exceptions for civilians or even enemies.
The military requires its members to operate in accordance with the laws of war for good reason. Disregarding the laws of war — which Mr. Trump has done by intervening in these cases — jeopardizes mission accomplishment and the safety of service members; excessive civilian casualties, for example, can stimulate further violence, turn local populations against American forces, and discourage allies from collaborating with the United States. Mr. Trump should realize that the laws of war actually serve to benefit our armed forces.
Against this backdrop, Mr. Trump’s intervention on behalf of those convicted or accused of conduct falling short of the military’s crucial legal requirements and moral expectations undermines the training in which the military rightly invests so much effort. It trivializes the values the military spends so much time fostering. He could be endangering United States service members deployed to combat zones by handing their enemies propaganda and recruitment material and by degrading support among local populations.
To be sure, war is complex, and service members accordingly face difficult moral choices under extraordinary pressure. But their preparation helps them make sound decisions in these tough situations, and the military justice system considers the factual circumstances of each case and the intent of the actor.
Benjamin Haas
New York Times
Nov. 15, 2019
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