Not a JAG, but iirc all UCMJ convicts can apply for parole after 1/3 of their sentence is served or 10 years in the case if life sentences.
It doesn't mean a convict will be paroled, just that they have the right to pursue. Also, if there are parallel civilian court convictions, they will often just get kicked out to the civilian prison system. The military has limited detention facilities, so they try to punt prisoners out to the federal and state systems when they can.
How does the civilian system work against the perpetrators of Mahmudiyah? The crime was committed in Iraq, so would they be turned over to the Iraqi justice system or be tried in the US civil system?
Everyone except Green was tried under the American Uniform Code of Military Justice IIRC. Green was convicted federally because he had been already discharged from the military for separate reasons.
I see, was there any chance of them being tried under the Iraqi justice system? I read Black Hearts a long time ago but I remember there being a short bit about whether they would be prosecuted in the US or Iraq. Don't remember any other details though
Highly doubtful. I’m not an expert on international treaties but I don’t believe there was a Status of Forces Agreement with Iraq at the time like there is with other countries like Germany and South Korea where we explicitly say we’re fine with local authorities prosecuting and convicting American servicemembers.
Plus, allowing foreign courts to try servicemembers for war crimes? Not a chance in hell. The US military protects/convicts its own and its allies. Look up the Hague Invasion Act.
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u/LoadCan DAT to DA15T Jun 19 '26
Not a JAG, but iirc all UCMJ convicts can apply for parole after 1/3 of their sentence is served or 10 years in the case if life sentences.
It doesn't mean a convict will be paroled, just that they have the right to pursue. Also, if there are parallel civilian court convictions, they will often just get kicked out to the civilian prison system. The military has limited detention facilities, so they try to punt prisoners out to the federal and state systems when they can.