Those who are saying the Haditha charges are “politically motivated” have a fundamentally flawed knowledge of military justice

Reuters AlertNet:

The decision to charge four Marine officers accused of failing
to properly investigate the killing of 24 Iraqi civilians was a rare
step and might never have occurred had the media not brought the
incident to light, experts said on Friday.

The Marine Corps on Thursday charged four Marines with
unpremeditated murder in the killing of the two dozen men, women and
children on Nov. 19, 2005, in Haditha, Iraq.

[..]Four officers — a lieutenant colonel, two captains and a
lieutenant — also were charged, accused of dereliction of duty and
other counts for their role in the aftermath. An investigation
concluded that reporting on the killings up the chain of command was
inaccurate and untimely.

“In my opinion the Marine Corps is demonstrating a serious
concern that officers that are in command of combat troops closely
supervise those troops, and when incidents of a suspicious or unusual
nature arise, that they had best look into those,” said Gary Solis, who
teaches the law of war at Georgetown University.

“It is rare for officers to be charged. And that four would be
charged when in the prior history of the war only 10 have been charged,
I think that Marine Corps concern is demonstrated,” he said.

Those who are saying the Haditha charges are
“politically motivated” have a fundamentally flawed knowledge of
military justice in general and Marine Corps culture in particular.

First, prior to a General Court Martial an “Article 32” hearing
is held, the equivalent of a Grand Jury in civilian terms. FYI, Article
32 refers to the portion of the Uniform Code of Military Justice (UCMJ)
that defines the process. This is, despite what many may think, a fair
process and the accused generally stand a better chance than they would
under similar circumstances in the civilian world (especially since
many of the accused are black or brown). Charges are rarely prefered,
especially in high profile cases, if there is not good evidence for
moving forward. This does not mean they are convicted prior to trial,
but it does reflect what happens (career death) to a military prosector
who pushes a case forward with insufficent evidence. That charges were
preferred means that something out of policy happened.

If this were a “show trial”, as many are suggesting, then
the charges would have been something like manslaughter or negligent
homicide, not murder. Unlike police departments, for instance, the
honor and reputation of the Marine Corps is more important than the
individual reputations of Marines who have brought dishonor to the
Corps.