So what's the big fucking deal about Marines pissing on dead Taliban?

[The Brain]

I chose to do military service. No way in hell I was a hero.

I was speaking of countries whose militaries actually, you know, fight people once in a while.

Dodge: fail.

[Valmy]

I have no idea about the US legal system, but I would be surprised if there aren't types of professional malpractice for other professions that can get you locked up.

I think here is a major difference.  In our system malpractice is generally handled by lawsuit, not a criminal trial.

But really if a German soldier does something in Afghanistan he gets sent back to Germany to be tried in a civilian court?

[Valmy]

I chose to do military service. No way in hell I was a hero.

Only a true hero denies being a hero.  The Brain, you raise me up.

[The Brain]

I chose to do military service. No way in hell I was a hero.

Only a true hero denies being a hero.  The Brain, you raise me up.

[Neil]

But really if a German soldier does something in Afghanistan he gets sent back to Germany to be tried in a civilian court?

That might be, but it would be a unique-to-Germany thing.  Remember, Germany isn't an example for anybody to follow on anything.  They're a special case because their system of government was set up, by us, to prevent them from trying to conquer the world again.  A real country could never survive and prosper under a German system.

[Josephus]

This case is a good reason for having military tribunals.  I have never lived under the stress these men have.  They are best judged by people that can understand the context in which these acts occurred and the rules and regulations the military has for governing their conduct.

To counter the state within the state effect, I prefer having the military being subject to the normal civilian judiciary. It's part of the oversight of civil society over the military.

I wouldnt want to waste the money required to have expert witnesses explain to a civilian judiciary what it is like to be a soldier.

It's irrelevent though. Soldiers have rules. They breaks the rules, they face the punishment. There's not need for expert witnesses to explain what it's like to be in the army. The rules for conduct is made for soldiers.
Otherwise the case goes something like this:

Judge: "Soldier. You are here because you peed on the dead enemy. Which goes against the rules of conduct, as well as everything we stand for. What's your excuse?"

Soldier. "War. what is it good for? Absolutely nothing."

Judge: "Do we have a cooroborating witness?"

Witness: "Yes. I was in the first Gulf War. War is bad. I know someone who almost died."

Judge: "Fuck? REally? Release the soldier at once. Case dismissed. And next time we make rules about war conduct we should take into account that war is hell."

[Neil]

The thing is that rules don't really matter anymore, especially rules that the breaking of which doesn't hurt anyone.

We're all victims in this wacky world of ours.

[viper37]

Man, if crazy Islamists see this video they might not like us.

if crazy Islamists were to do it on dead Marines, you'd all be up in arms about their savegery.

Not really. Crazy islamist do things pretty routinely that makes pissing on already dead people pretty uninteresting. Like suicide bombers and such.

it's not about the killing here, it's about the non respect to the dead.  Like dragging a body to the streets (Somalia) or hanging them from a bridge (Afghanistan).  These were seen as pretty horrific from the American point of view, more than the killing in itself.

[Berkut]

Man, if crazy Islamists see this video they might not like us.

if crazy Islamists were to do it on dead Marines, you'd all be up in arms about their savegery.

Not really. Crazy islamist do things pretty routinely that makes pissing on already dead people pretty uninteresting. Like suicide bombers and such.

it's not about the killing here, it's about the non respect to the dead.  Like dragging a body to the streets (Somalia) or hanging them from a bridge (Afghanistan).  These were seen as pretty horrific from the American point of view, more than the killing in itself.

Yeah, but I was not up in arms about either of those things.

No reason to get upset over hearing about people doing exactly what you expect them to do...

[11B4V]

Gotta agree with Marty, no matter how much it pains me to do so.

I can understand how it is stupid I was just confused why it was astounding.  You see the psychological struggles Siege goes through.

I am somewhat astounded that there are military people out there who still don't apparently understand that doing shit like this and recording it is not a great plan.

It's not, but it probably seemed like a good idea at the time.

[11B4V]

This case is a good reason for having military tribunals.  I have never lived under the stress these men have.  They are best judged by people that can understand the context in which these acts occurred and the rules and regulations the military has for governing their conduct.

To counter the state within the state effect, I prefer having the military being subject to the normal civilian judiciary. It's part of the oversight of civil society over the military.

Too many loop holes in the US civilian system. Court Martial will do just fine for these lads. They will nail'em in a CM.

[11B4V]

To counter the state within the state effect, I prefer having the military being subject to the normal civilian judiciary. It's part of the oversight of civil society over the military.

Huh?  Surely the laws regarding civilian conduct and the rules for soldierly conduct are not the same.  I mean it is not a crime to disobey orders for the civvies.

Agree with Valmy. Nor is Adultry as defined by the UCMJ. But thses guys will be slow roasted at a CM instead of a Civilian court circus

[derspiess]

What would they be charged with under UCMJ?  I'm drawing a blank, but I'm guessing there's something vague they'll be charged with.

[11B4V]

What would they be charged with under UCMJ?  I'm drawing a blank, but I'm guessing there's something vague they'll be charged with.

Off the top o the head.
Conduct Unbecoming
Disobeying a lawful order
Indecent exposure

Can anyone else add some more??

[Barrister]

What would they be charged with under UCMJ?  I'm drawing a blank, but I'm guessing there's something vague they'll be charged with.

Well in a civilian court it'd be indecent interference with human remains.