Collateral Damage: Arrests Warrants for American Troops by Spanish Judge, Sue Spain!

by: Steve Yuhas

In what is one of the most telling reasons that the United States opted out of the International Criminal Court, a Spanish judge issued international arrest warrants for three American troops who fired on the Hotel Palestine that happened to be housing journalists during the war in Iraq – after it was fired on from the same hotel.  Judge Santiago Pedraz demands the arrest of three members of the Army’s 3rd Infantry Division: Sergeant Shawn Gibson, Captain Philip Wolford and Lieutenant Colonel Philip de Camp. 

Couso was reporting from and living in the hotel throughout the war in Iraq and on April 8th, long before the end to major combat operations were declared by President Bush, the United States Army and other branches were patrolling Baghdad and under intense fire by hold out member of Iraq’s military and insurgents who wanted to assist in the battle for the lost dictatorship.

Tragically, Couso was reporting from the very place that insurgents or former members of Saddam Hussein’s military were shooting at U.S. military men and women.  On the day he was killed he was among the collateral damage that happened when a United States tank fired a shell at the fighters shielding themselves with civilians, hardly a new tactic for Islamic fighters.  Couso died along with Taras Portsyuk, a Ukrainian cameraman, when the shell hit.

Following the incident the news media was incensed that one of their own could die while covering a war, but after the event made international news the soldiers were cleared of any wrongdoing and the firing was considered justified by the United States military. 

Timing plays a critical part of this event because the incident happened in April 2003 and in late 2003 Couso’s family asked the National Court of Spain to consider the filing of charges against the crew of the American tank.  Throughout the matter, years went by, and with the cowardly change of government in Spain and the pull out of Spanish troops, the judge decided to issue the international warrant against American troops fighting a war.

The United States of America and a coalition of willing partners, including Spain (before they became France) were engaged in fighting the same war in Iraq to oust Saddam Hussein from power.  It is probably not an accident that the warrants were issued on the very same day that Hussein went before a court in Baghdad to face some of the many charges that will make him a member of Iraq’s death row.

The death of servicemen, journalists and every civilian in war are tragic, but the notion of issuing international warrants for the arrest of a tank crew is obtuse given that the danger of covering a war as a reporter does not confer upon you some form or immunity from the consequences of battle.

Most important is that Couso was in Baghdad on his own accord; he was there covering the war for the Spanish television network Telecinco and he did not have to be in Baghdad, he could have been watching events unfold on television in Spain. 

The judge in Spain said that he issued the warrants because he was not receiving sufficient judicial cooperation from the United States.  Frankly, he should not receive any cooperation from the American government to charge American troops for fighting a sanctioned war by the American and Spanish governments. 

It would be one thing if there were issues of war crimes, and that would even be a questionable assertion, but the fact that an investigation was done and the soldiers cleared of wrongdoing because they believed themselves to be being fired upon from the Hotel Palestine absolves them of responsibility for the accidental death of anyone – journalists included.

Going to war is not an easy thing, for the members of the military, their families or the reporters who decide that they will cover the events as they unfold.  It is unfortunate that Saddam’s fighters used a hotel occupied by many journalists from around the world to fire upon coalition troops, but that is exactly what Iraqi forces and insurgents do – they use human shields, religious sites and schools in order to force the hand of troops fighting them into firing upon something that they can use for propaganda purposes against a technologically advanced military.  Their conduct has not changed from the beginning of the war and they do the same thing today.  The Spanish court should be issuing arrest warrants for insurgents and terrorists; not American troops who fought side by side with Spanish ones.

The American government should never allow American troops to be arrested or detained by any foreign government for events that take place during war.  The family of the journalist that was killed has a right to be sad, angry, upset or hostile toward the tank crew that shot the shell at the people who were firing at them, but the Spanish government has no right to prosecute these same troops in a war that their own troops were fighting.

America has come under increasing pressure to become part of the International Criminal Court, pressure that the Bush administration has resisted and insists that it will continue to resist.  This absurd prosecution is a perfect example of why it is so important that American troops not become international pawns in political fights.  The Spanish government on April 8th was in Iraq fighting the same war as the Americans and it was not until after a change in government that the Spanish troops came home and charged filed against Americans. 

If Spain really wants justice for civilians, maybe every Spanish troop should be charged by the Spanish court as well because it is foolhardy to think that Couso is the only civilian to die and it is likely that Spanish troops inadvertently killed a civilian or two.

Spain should now be given a choice: tear up the warrants and go about their business of cowering in fear from al Qaeda and becoming another France or face the consequence of not enjoying the friendship of the American people.  War is hell is not just a saying, but a truth that involves not just the people fighting it, but the people who choose to be in a combat zone during it.

If the warrants stand and the three men cannot leave the United States under fear of arrest then America should issue international warrants against Spanish troops for leaving the combat zone after Spain agreed to help the United States.  Their leaving could have caused the deaths of Americans because America was left holding the bag for Spain.  If it is murder to kill a journalist who is in Iraq covering a war voluntarily then it is equally criminal to leave your post and allow Americans to die in your place. 

Sue Spain for breach of contract for leaving and the troops who left for having a role in any death in any area where Spain was formerly in control and where Americans now stand guard and fight.  This warrant game is a silly thing, but warrants are easy to issue and if it is good enough for Spain it should be good enough for the United States to impose some hardship on the new France.

Steve Yuhas is a columnist and radio talk show host on KOGO AM 600 based in San Diego.  He may be reached at steve@steveyuhas.com or www.steveyuhas.com