Update: Greyhawk at the Mudville Gazette has a great post describing exactly what happened that day as explained by an embedded reporter who was there when the tank commander fired on the Palestinian Hotel. The charges brought against the NCO, his commander, and battalion commander are even more ridiculous after reading the account from the reporter who was there. Truly a witch hunt going on here, but I’m sure the people conducting the witch hunt figure the embedded reporter is probably just part of the secret CIA conspiracy theory.
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Here is a perfect example of why the US will not ratify the UN’s International Criminal Court:
A Spanish judge issued an international arrest warrant Wednesday for three U.S. soldiers, charging them with murder for the death of Spanish TV cameraman Jose Couso in Baghdad, Iraq.
Couso, who worked for Spain’s Telecinco network, died at the Palestine Hotel on April 8, 2003, as U.S. forces advanced to take control of the city in April 2003.
Investigating magistrate Santiago Pedraz of the National Court will seek the extradition of the soldiers to Spain, a court spokeswoman told CNN.
They are wanted for “murder” and “a crime against the international community,” according to the warrant, a copy of which was viewed by CNN partner network CNN+.
The US won’t sign on to the International Criminal Court because of the fear that US soldiers will be arrested for political reasons which is exactly what this case is about. The cameraman was killed by a tank shell that struck the Palestine Hotel where journalists were staying at. The tank commander said he was shooting at what he though was an Iraqi spotter that had been calling in artillery grids. The Spanish media believes that he was deliberately targeting journalists.
They got another kook CIA conspiracy theory that the US forces in Baghdad were intentionally targeting specific journalists to silence them and Mr. Couso was one of them. I’m just trying to picture this scenario. You have an E-6 tank commander who has been in three weeks of sustained combat, he and his crew are going through the fight of their lives in Baghdad, and then this E6 receives a call from his CIA handlers to target the 15th floor of the Palestine Hotel to take out Mr. Couso who has been reporting negative war coverage and who is conveniently pointing his camera right out the window at them.
The military’s position seems much more plausible that the NCO thought he was firing at an Iraqi soldier calling in artillery grids. Should he have known that the building had journalists staying in it? It is easier said then done. When I moved through Baghdad with my unit during the war, we were given no grids to where all the journalists were staying at. We were more worried about detailed grids of where the enemy was at. Imagine that in a war. Plus detailed maps were in high demand at this time and the NCO may not have had a very detailed map to begin with.
Should he have fired at the building? It wasn’t a wise choice from the perspective of someone sitting on their couch, but you got to figure this guy had been getting fired at from roof tops for the past three weeks not to mention the fact mortar rounds are now landing all around him. If this E6 had to stop and ask permission to fire at someone on a rooftop every time he sees a possible threat, this guy probably wouldn’t have survived the war long enough to get indicted for war crimes.
However, the Spanish public in their anti-American, CIA conspiracy theory fury are demanding action from their politicians and how better to respond then to issue an arrest warrant, which the authorities know will have no success, and then tell your citizens we tried to arrest these criminals but the big, bad US imperialists won’t give them up to us.
What I find interesting is that these same people so enraged at these US soldiers are not as outraged or don’t demand indictments of terrorists that deliberately target, murder, behead, and video tape civilians and journalists in Iraq. That is why their claims ring hollow and the International Criminal Court rings even hollower.
This whole incident reminds me a lot about SOFA cases here in Korea, most notably the 2002 armored vehicle accident. The public is outraged and in an anti-American fury, fueled by kook conspiracy theories, and the politicians in their best effort to appease their constituents, issue arrest warrants knowing full well the US military will not hand over the soldiers to begin with. The politicians just want to pass the buck and blame everything on the big, bad, bully Americans instead of looking at other causes for the accident which I have long chronicled here such as sidewalks so pedestrians don’t have to walk in the road.
In the Spanish journalist’s case, why was he sticking a large video camera that could be mistaken for an RPG, out the window directly at a tank pointed right at him? Especially when he knew other cameramen pointing cameras had been mistaken for Iraqi soldiers before? Tough questions that nobody wants to answer.
It is also ironic that a country like Spain is demanding the arrest of US “war criminals” when they won’t even face up to their own past war crimes.

Spam is a food that has taken on a life of it’s own here in South Korea as is described in 
