February 03, 2006

Justice or not?

fpi_woman.jpg Discussing an issue that touches sensitivities is always risky. The signal to noise ratio suddenly drops considerably (see the comments on my earlier post on the VanGoethem trial). But maybe we can try to discuss this topic without losing basic civil behavior.

The problem I have with the VanGoethem trial is the really weak performance of the prosecution.

Let's recapitulate some facts:

The US authorities disregarded the local authorities, namely the police. VanGoethem was brought out of the country under diplomatic immunity, even though there was enough evidence that he had been driving under the influence of alcohol and this alone consitutes a felony under Romanian law (Romania has zero tolerance). The alcohol test performed by the Embassy medical officer showed a blood alcohol level of 0.02. (The breathalyzer test of the Romanian police performed hours before showed a level of 0.09.) It is undisputed that VanGoethem caused an accident in which a taxi was squashed. Teofil Peter died that night. Teofil Peter was cut out of the taxi by Romanian fire fighters. This is in the police protocol.

Here's what the defense did:

For the negligent homicide charge, [Defense lawyer] Stackhouse argued that “there was no evidence presented at all that anybody was even in that taxicab, let alone Mr. Peter.” [Taxis drive by themselves all the time in Romania, everybody knows that.]

Examples of witnesses the prosecution could have presented but did not, Stackhouse contended, include a Romanian police officer who was on the scene of the accident, or the firefighter who helped free Peter’s body from the wreckage, or the ambulance driver. [Why?]

“There could be stronger evidence” to show Peter was in the cab, [Judge] McConnell said after hearing Stackhouse.
Stars and Stripes

Hm. I have to wonder why those witnesses were not presented. It seems rather odd to me. Unprofessional, to say the least.

Let's go on:

To counter the negligent homicide charge, the Marine’s defense team is contending that the traffic signs and the configuration of the Bucharest intersection where the collision occurred are so confusing that even the most competent driver “stood no chance” of avoiding the crash, chief defender Marine Maj. Phillip Stackhouse said during his Tuesday opening statement. [I drive this very intersection almost weekly. I drove there at night, in the rain, in snow and ice. I've never been confused and I never caused an accident.]

Some pivotal elements of that argument include what a flashing yellow light means in Romania as opposed to in the United States and what role the intersection’s multiple stop signs have in relation to the flashing yellow.

VanGoethem’s defenders have hinted that Romanian traffic law and U.S. law differ when it comes to reacting to flashing yellow lights. [As in how? When a traffic light flashes yellow, the traffic signs become effective. VanGoethem ran three stop signs. He had been driving in Bucharest for about 1.5 years by then. How stupid is this man?]

During their testimony Tuesday, the State Department security officers who were VanGoethem’s bosses at the Embassy both said that the Marine did not receive training in local traffic rules when he took his post in June 2003. [Is this a mandatory training? If so, why didn't he receive it? If not, why not squash this argument?]
Stars and Stripes

Can you see where I'm going? The performance of the prosecution was really weak and here in Romania, the people on the streets are wondering. How can this be? How can these ridiculous claims not be refuted? Why were there no Romanian witnesses present?

Romanian prime minister Calin Popescu Tariceanu called the sentence “astonishing and bizarre” and announced that he would financially support the singer’s family to file a civil lawsuit in an American court to ask for moral amends.

The media in Bucharest have had a strong, negative reaction to the sentence, too.

While some journalists put the blame on the authorities, saying that they should not have signed the agreement with the U.S. government that allowed the Marine’s immunity to be revoked, others think the prosecution did not do a proper job.

“I believe that my brother’s killer would have been punished if the prosecution hadn’t been so weak,” said Dorin Peter, in an interview aired by a Romanian private TV station.
Stars and Stripes

VanGoethem, btw, was merely reprimanded. This means that he doesn't get stripped off rank or payments and he can continue his tour which lasts another year. He may not re-enlist but, let's face it, that's not so bad for causing the death of a human being.

Looking at other recent cases of rape, robbery and killings committed by US service personel, one sees a similar liability to protecting the perpetrators rather than supporting local authorities in their work. I just don't like the impression this leaves. Am I being a bit paranoid by thinking that Abu Ghraib might have sent the wrong signal to the troops? Is this a trend or just a statistical quirk?

I'm wondering. And you?

[Btw, Stars and Stripes is the only primary news source on this topic.]

Posted by claudia at February 3, 2006 10:06 AM
Comments

This is a very systematic thing. Look at British troops in Northern Ireland.

The US does care little for what you or I, for that matter, think about its military justice. The US military doesn't care at all. It does care a lot about enlistment and willingness of the troops to really fight and kill. People who really want to fight and kill are valuable and getting ever more valuable. Such people don't care that much about dying. They do care about being abandoned.
The bottom line is that if you don't want to be treated like a colony, don't sign treaties that allow it. Whether you can politically afford not to, is another question. Romania badly wanted to be in NATO.

Posted by: Oliver at February 3, 2006 11:22 AM

Oliver, this sort of verdict makes the military people I know more demoralized, not less.

And since this particular verdict has barely made a blip in the US media, I really doubt that it has helped enlistment here.

Posted by: Carlos at February 3, 2006 04:43 PM

Incidentally, Claudia, did you know that Klaus Mann (Thomas Mann's son) was a staff writer for Stars and Stripes?

Posted by: Carlos at February 3, 2006 04:50 PM

Which military men do you know? Which branch of service, which age, which rank?

Posted by: Oliver at February 3, 2006 05:29 PM

I think Oliver's right, from the military perspective.
However, besides Teo Peter's life and the idea of justice, this has to do with the US image around the world. And sadly, that's going south, one country at a time. Also, all this happens while the US embassy keeps preaching against the same practices in Romanian politics. They are perfectly right to do so, and I applaud them doing that, but it is hard not to observe the double standard and this makes their own message toothless.

Posted by: Stefan at February 3, 2006 06:15 PM

I think Oliver's right, from the military perspective.
However, besides Teo Peter's life and the idea of justice, this has to do with the US image around the world. And sadly, that's going south, one country at a time. Also, all this happens while the US embassy keeps preaching against the same practices in Romanian politics. They are perfectly right to do so, and I applaud them doing that, but it is hard not to observe the double standard and this makes their own message toothless.

Posted by: Stefan at February 3, 2006 06:16 PM

Carlos - huh. No, I didn't know that. Interesting! Do you sometimes have this feeling that some parts of your world just suddenly fit together? Even if it's just at the very rims?

Anyhow. Oliver, I do and will not accept general criticism of US troops. Most of the enlisted and most of the officers are decent people trying to do their job. Every army has its share of black sheep and every army has the potential to go very, very wrong. It's the job of the administration and of the leaders to steer into the right direction and prevent horrible things from happening -- or to take the right measures when they happened.

Carlos - so it didn't make a blip in the US media, eh? I didn't expect it would. But think about it: an entire country feels insulted and slapped around, yet the nation causing this doesn't even know? That's sad, so sad.

Posted by: claudia at February 3, 2006 06:22 PM

Claudia: nothing at all about this. Nada.

Oliver: Carlos and I know in common a twenty-something O-1 (Army), two thirty-something former enlisted men (E-4 and E-5 respectively, also Army), and another thirty-something O-2 (Navy). There are probably others, of course.

Posted by: Noel Maurer at February 3, 2006 06:35 PM

Jeez, Oliver. I've known people in the military all my life, starting with my great-grandfather, the World War One vet. My cousin Jeff was born in Germany, because my uncle was stationed there. My best friend in second grade went to the Air Force Academy. Half my dad's colleagues were reservists. In college, most of my non-field, non-Onion friends were military or from military families. An exgf's father was a light colonel at Fort Bragg.

And now, to turn the tables! What military people do you know, Oliver?

Posted by: Carlos at February 3, 2006 07:45 PM

I don't critize the US military in general. Most of its members are decent. But an army made up of only decent men will not work under war conditions. It needs some pragmatic and ruthless (not amoral) officers and some enlisted men who like mayhem. These men must be made accomodations for. In my personal oppinion the US military is lacking in the ruthlessness field rather than an indecent organization.
Were the military men you know ever in the field under war conditions?
That doesn't mean that this ruling necessarily was the best that could be made. It could be seen as bad for discipline. But generally the values of an organization devoted to killing must be different from other organizations.

Posted by: Oliver at February 3, 2006 07:50 PM

Practically all male family members until 1945.

Posted by: Oliver at February 3, 2006 08:03 PM

Oliver -- and I am near the point wondering if it's worthwhile to continue talking to you about this subject -- yes.

Again, I must ask: what military people have you known? Have you ever served in the military? How did you form your ideas of how a modern military should operate?

Posted by: Carlos at February 3, 2006 08:07 PM

Um. Crossed messages. Oliver, don't take this the wrong way, but I myself would not use the German army before 1945 as a role model for _anything_. Ever.

Posted by: Carlos at February 3, 2006 08:18 PM

Entirely understandable. However, the moral judgement must come after evaluation of efficiency, or the result will be incorrect.

The problem is, where else will you find experience in occupying large hostile territories? The other example I could come up with is the Boer War (maybe the late stage of the American Civil War). I don't like the conclusion, but I am not willing to ignore it for moral reasons. Rejecting it is another matter, but ignoring it is whishful thinking. The other option is to refrain from such occupations, but the US has decided otherwise.

Posted by: Oliver at February 4, 2006 12:20 PM

We-ell, Oliver, I don't quite think that in this particular issue - i.e. peacetime stationing of American military forces in countries allied with the United States - it's particularly accurate to draw comparisons with "occupying large hostile territories". Perhaps I misread your statement.

Carlos, the pre-1945 Wehrmacht makes a decent model, provided that one focuses on the right comparisons. The behaviour of the German and Austrian troops that served in Finland during the Second World War was impeccable, always taking the wishes of the government and the population of this allied state very much in account. As the most famous example, the resident German military men never forgot to salute the superior Jewish officers of the Finnish army.

(When the Third Reich scores higher than the United States in the treatment of its allies, it's sort of telling. But this is probably getting too close to the Lex Godwinicus.)

Getting back to this particular case, it's certainly obvious that the rap goes to the American military hierarchy. Still, being the cynic that I am, I have to sort of agree with what Oliver said upthread. Why sign these sorts of treaties allowing the military forces of one great power a special extraterritorial status in the first place? Why this voluntary submission to potentially unfair treatment? Once again, I'm reminded of Augustin Ehrensvärd's testament.

As for my own military experience and connections with the armed forces, I'll leave those unmentioned, if you don't mind. I've never seen the point in flashing them around.


Cheers,
Jalonen

Posted by: Jussi Jalonen at February 4, 2006 01:04 PM

"Why this voluntary submission to potentially unfair treatment?"

Economic reasons mostly, I think. Romania, like all eastern European countries, is in dire need of foreign investments. And foreign investors like it when their money is protected by NATO.

Posted by: Bojan at February 4, 2006 02:52 PM

Oliver, setting aside the deep philosophical divide -- in that the American military is explicitly under civilian control, and implicitly is to be under moral control -- I will note that the German armed forces *lost*, in possibly the most thorough-going defeat of a major power in the twentieth century.

If efficiency is truly your concern, perhaps it's not wise to emulate the biggest losers of the past century?

Posted by: Carlos at February 4, 2006 03:54 PM

Fistly, I don't want to imply that the US intends to occupy Romania.

Rather, occupation of large, hostile territories is the most likely new mission of the US military. It currently is and Iraq is probably not the last invasion.
The German defeat was against other armies in the field and in production of war materiel. This is not a real problem to the US military. But what after victory in the field? There's the deficiency.
If you want to look at the only clear cut modern victory against a guerilla, then you arrive at the Boer War. The conclusions are very similar.

Posted by: Oliver at February 4, 2006 07:55 PM

Hm, I don't want to be a party pooper...

What?

Oh, all right, so I AM a party pooper.

Guys, I took great care with this post on the trial. And you take it and run away with it! Come back to me! Let's talk about the trial. Or something. Just NOT modern warfare, if you please. HdtD is not the right forum for this, OK?

Posted by: claudia at February 4, 2006 08:05 PM
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