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Global impact of the courts-martial

The abuse trials of US soldiers in Baghdad starting Wednesday will provide an example of justice, but will carry their own risks.



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By Howard LaFranchiStaff writer of The Christian Science Monitor / May 18, 2004

WASHINGTON

In the many surveys over recent months showing perceptions of the United States souring in the Arab and Muslim worlds, one bright spot has shone through: People in these regions continue to admire the American democratic system and say they aspire to something like it for their countries.

It is that last reservoir of admiration and goodwill that the US hopes to tap into as it holds courts-martial resulting from the Abu Ghraib prison abuse scandal starting Wednesday. By holding the trials, beginning with that of Spc. Jeremy Sivits, in public and in Iraq, the US is hoping to demonstrate that American justice is swift, transparent, and intolerant of the kinds of acts that took place in Abu Ghraib prison.

The US is initiating the judicial process with one very good example by starting the trials soon after the scandal broke, experts say. But at the same time, they caution that the expected complexity of the legal road ahead could also weaken the trials' exemplary role.

The process threatens as many pitfalls for the US as it offers moments to shine, some observers say, citing the still-unanswered question of how far up the chain of command the authorization for the abuses reached. Another potential twist: Some of the seven soldiers so far charged are consulting private lawyers who reportedly plan to defend their clients as scapegoats who were simply following orders.

"Holding these trials now and in public holds the promise of some good effect, but at the same time the situation is rife for misunderstandings, misinterpretations - or interpreting correctly and disliking the implications of it," says William Martin, a specialist in Islam and public policy at Rice University in Houston.

Referring to reports that Specialist Sivits will offer testimony incriminating other soldiers in exchange for a light sentence, Mr. Martin says, "A plea bargain is one example. It may be the way cases in the US are handled on a regular basis, but to Muslims it may look like a trick or a dodge."

The first trial

Sivits - who is the only accused soldier not visible in the pictures that set off the scandal - is charged with dereliction of duty, maltreatment of detainees, and conspiracy to maltreat. Possible penalties range from up to a year's confinement to a reduction in grade and lost pay. By pleading guilty and turning witness, Sivits could receive a reduced sentence.

Other defendants in the case may seek a change of venue, with their lawyers suggesting that stateside juries might be more sympathetic to the argument that these were low-ranking soldiers following orders and doing their duty under trying conditions. But military law experts say such cases are normally tried at the site of the alleged crimes because that is where evidence and witnesses are.

Thomas McShane, a professor of national-security legal studies at the US Army War College in Carlisle, Pa., says the My Lai trial was held in the US because most of those involved had left Vietnam by the time the case broke. But he says most courts-martial stemming from the conflict took place in Vietnam.

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