Should the President Pardon War Criminals?

I had a retired soldier in my office other day. Carl was livid that the President was even considering pardoning someone who committed war crimes. Carl is one of those soldiers who has retired from his duty and believes society has gone downhill and lost its morality. As a soldier and the son of a career Army veteran he struggles because people do not hold true to their word, values, and morals.  Carl feels those who have committed war crimes should pay for that crime on both sides. That brought up a good question and one to ponder. Should those who commit war crimes be pardoned? From a psychological issue, it becomes a different thought. Things happen in war that scar almost everyone involved. I can see where someone would psychologically snap under certain circumstances and do something they normally would not do, still is it right to kill someone who is detained, in US custody, and suspected of being an insurgent?

Carl believes that if the war criminals are pardoned it will send a message to the world that the United States has lost their values and moral compass. He also worries it will have an ill effect on how our troops are treated in the future when their captured, I can see his point, but I also can see why a pissed off troop can want to enact revenge on someone who just killed their friend. Carlos spent his entire time in the Army training his soldiers the importance of following the rules and orders. Carl is worried that by pardoning the war criminals it will give soldiers the idea that they can do what they want in combat, orders will not be followed, and the battlefield will become a free for all allowing soldiers to kill indiscriminately without due process.  

It is true that today’s battlefield is different. We are not fighting a conventional war; we are fighting a war where the enemy is elusive, resourceful, and organized, the enemy can come from anywhere. They use un-conventual tactics such as improvised explosive devices (IED’s), suicide bombers, and children with suicide vests. Often, they do not fight in the open, they are hidden using technology to their benefit using cell phones to set off explosive devices from a distance. The enemy does not see life as we do. Our enemy look’s at life differently, using our moral compass against us.  They torture and kill our troops who they capture, causing us to want to follow them down the road to immorality so they can use the propaganda against us. I would find it easy to be willing to harm or kill the enemy once they are captured, especially if their believed to be or are the one who killed one of my troops or friends. It would be easy to take that step when your adrenaline is up and in the heat of the moment. Psychologically it is difficult to walk away and not commit the war crime when someone you cared about was killed by the individual in question. I can see where someone could take that step even though it is against Geneva Convention rules where those captured and suspected of being an active insurgent are protected against murder, torture, as well as cruel, humiliating or degrading treatment. But it is an unlawful step to take and can have severe consequences for themselves and future troops sent into the combat zone. The question needed asking… is it worth the cost? Revenge does not help the cause. It only helps the person who is committing the war crime to feel better for a short time.

I agree with Carl; we should not allow a pardon to someone who has committed a war crime. By giving the pardon it tells our soldiers that they can do whatever they want on the battlefield and possibly be pardoned, it tells them it is OK. A pardon can cause the loss of discipline among the ranks creating a bigger problem. By giving the pardons, it also tells our enemy that we will let those who committed war crimes free. This in return gives the enemy permission to do what they want to our troops. It also tells our allies that we no longer have the moral high ground, putting their troops in a precarious position if their captured because they are allied with us. I truly do not think pardoning military troops who commit war crimes is a good idea, but I can see where some would feel it is the right thing and OK to do. The President stated they should not be punished for doing their job. In fact, one of the president’s personal attorneys is representing one of the people accused of committing war crime. The truth is those who are being brought to trial or have been brought to trial are being punished for not following orders, breaking UCMJ laws, and not following article 3 of the Geneva Convention. If they were doing their job, they would not have to be on trial or convicted.

For questions or comments, I can be reached at bo@afterdutyvets.com or visit our website at afterdutyvets.com.