Jon Soltz, chairman of VoteVets.org, wrote a piece today on Think Progress. He asked to "like" it on FB and "tweet" it and as I don't use both, I do my duty to spread the word about his article by writing this diary.
The title George Zimmerman Had More Legal Autority To Shoot and Kill Tan Our Troops Do At War intrigued me to read further what he had to say.
It were the Stand-your-ground laws that caused John Soltz write his article, because these laws may let George Zimmerman off the hook for killing of Trayvon Martin, whereas a soldier is bound by the Rules of Engagement and would have much less freedom to shoot in self-defense, even in a dangerous war theatre.
That title and introduction caught my attention:
Soltz writes:
The “Stand Your Ground” law in Florida, which may let George Zimmerman off the hook for the killing of Martin, gives more leeway to shooters than our own military gives to soldiers in war.
...
It’s impossible to ignore the legal protection George Zimmerman enjoys in suburban Florida vs. the Rules of Engagement that outline when one of our troops can shoot while in combat in Iraq or Afghanistan.
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A key component of the ROE used during the height of violence in Iraq in 2007 was the requirement to use "Graduated Force" when time and circumstances permit.
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However, the rule also explicitly instructs forces, "when time and circumstances permit," to use the following "graduated measures of force" when responding to hostile act or hostile intent:
3.G.(1)(A) (U) Shout verbal warnings to halt;
3.G.(1)(B) (U) Show your weapon and demonstrate intent to use it;
3.G.(1)(C) (U) Physically restrain, block access, or detain;
3.G.(1)(D) (U) Fire a warning shot (if authorized);
3.G.(1)(E) (U) Shoot to eliminate the threat.
....
also known as Shout, Shove, Show, Shoot regulations.
He continues telling a story about a Scout Platoon leader in Afghanistan in 2007. The Platoon leader had detained someone and put on the truck, but the detainee was able to free himself, get out of the truck and flee. The Platoon leader fired at him, while the detainee was running away. He shot him in the tigh and the fugitive later died on his gunshot wounds.
Soltz says:
Under military law and rules of engagement, the Platoon Leader was clearly in the wrong: he pursued an unarmed guy who wasn't posing a threat to U.S. Forces and shot him to death. He was charged (although he was never tried because he was injured a few days later when his truck was hit by an IED and he was deemed mentally incompetent to stand trial).
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It sounds to me that if Trayvon had been an Iraqi soldier, and George Zimmerman had been a U.S. Soldier, there would have been an immediate investigation, and most likely a manslaughter charge, and victim's family financially compensated for wrongful death.
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Even in a war zone, Americans operate according to rules that seek to minimize deadly violence, and Americans who seem to deviate from those rules are subject to fact-finding and accountability in our military justice system. Our troops are trained on the escalation of force but our contractors weren't validated by our military training, causing huge legal issues for our country with the Iraqi government.
He concludes:
As an Iraq veteran watching this national story unfold, I am finding it hard not to conclude that Florida's law gives people much more leeway to shoot someone than our own military gives to our troops in war. That is something worth thinking about as this case moves forward.
Indeed, if we just had Rules of Engagement legislation for any civilian, who buys, owns and carries a gun, and if they just were legally bound by those laws and if any violation of those laws would have to be investigated and persecuted, l would feel much better and may be it would have a positive effect. Civilians would feel better protected from "trigger-happy" sniper-firing vigilantes, who hide as security personell.
IANAL, but the "Stand Your Ground" or "Shoot First" laws should be "outlawed" and replaced with "Rules of Engagement" laws, applicable to anybody, who carries a gun, imo.