Marines not above the law
This is the editorial of the January 6, 2006 edition of The San Francisco Chronicle which advocates the conduct of an investigation on the allegations that four U.S. Marines raped a 22 year-old Filipina on November 21, 2005.
It's good to know that there are still some who are vocal enough to say that Americans, American Marines in particular, should be held accountable for any crimes they commit, especially those committed on foreign soil.
Marines not above the law
Editorial, The San Francisco Chronicle, January 6, 2006
THE TROUBLING case of four U.S. Marines charged with raping a 22-year-old woman in the Philippines on Nov. 21, 2005, has justifiably sparked outrage among Filipinos at home and abroad.
On Tuesday, a Philippine judge vowed he would seek to obtain local custody of the Marines, who are being held at the U.S. Embassy in Manila. On the same day, lawyers for the accused asked that the case be dismissed.
The men, who were in the Philippines because of a bilateral accord allowing American troops to conduct counterterrorism training with Filipino troops, are protected under the Visiting Forces Agreement. The accord was negotiated after the 1992 closure of all U.S. military bases in the Philippines.
Under the agreement, the men are allowed to remain in U.S. custody until the hearings are concluded. If the judicial proceedings take longer than a year, the U.S. government would not be obligated to turn the Marines over to Philippine authorities, according to reports.
Sadly, the case sounds all too familiar.
In 1996, three U.S. servicemen were charged with the kidnapping and rape of a 12-year-old girl while stationed in Okinawa, Japan. The case quickly turned into a political debate as Okinawans' protested the presence of 20,000 U.S. troops on the island.
The three were later convicted and sentenced to up to seven years in a Japanese prison.
While U.S. troops serving abroad should be granted protection by their country, they should not be handed blanket immunity for crimes they might commit. Just as the United States would not tolerate such crimes against its citizens from foreigners on its soil, so our own people should be held accountable for their actions.
In this case, our military leaders have a legal and moral obligation to investigate the case aggressively and enforce punishment if the men are indeed guilty.
The 1992 accord places troops under U.S. protection; it doesn't place them above the law.
Comments
The America that invaded a weak third world country like Iraq, (Not because it was hard but because it was a sure thing) can hardly be counted upon to cry for Justice for the woman who was AT THE VERY LEAST MOLESTED by members of its armed forces.
But I hope I'm wrong. May the Real Heirs of JFK's Camelot prove me wrong.
Above everything else, those Marines will be court-martialed and if found guilty will be meted the commensurate punishment. There will be no white-wash.
As explained if there is any impasse, with regard to custody, let's look at the agreement and decide on what is provided for.
I say all this with full knowledge and consent, notwithstanding the fact that my three sons all went through the Marines Reserve.
Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.
That's my point, Amadeo. Those marines need not be court-martialed and punished by military authorities, because the VFA specifically provides that it would be the Philippines which would have jurisdiction in the particular situation.
But you're right, lets wait and see. The proof of the pudding is whether or not the U.S. actually turns these marines over to Philippine authorities in case they are found guilty by Philippine courts.
If the marines are found guilty and still not turned over, we can expect to kiss the VFA goodbye.