I will begin by saying that there is much I do not know and sometimes I play devil's advocate so that I may learn. In this case I do believe what I say/write. I will answer to the best of my abilities.
Brihard said:
Noted.
As an aspirant leader of men in this military, would you care to elaborate for me under what circumstances the engagement of unarmed individuals performing a CASEVAC on an injured, unarmed man are legally justified, with reference to applicable laws and treaties? There is no reverse onus on lethal force. You must be able to demonstrate that it was justified when asked; otherwise you're sunk.
The intent was to kill the man, not injure him. This man, once having recovered, would have likely returned to the battle field as a treat. What is the point of shooting someone, only to let them "respawn" (so to speak)?
They did follow the rules, which states you cannot attack an unarmed individual. I'm sure you've noticed the pilot(s) talking to themselves going "pick up a weapon, buddy".
The pilots felt that this group were (or would become) a threat. This can be done either by brandishing weapons or helping enemy combatants (regardless of whether you are armed yourself or not). This is my belief, whether this is legally correct or not I have no idea. I still haven't learned the legal matters of armed combat.
I would read up on them but I am currently in exam period and do not have much time to spare.
I will give a more satisfactory answer when I am done with my exams.
Brihard said:
Regarding 'just driving up and putting bodies in the van'- how far can you drive in three and a half minutes? Because that's roughly how much time elapsed between the cessation of the initial engagement and the van arriving on scene. It's entirely plausible that the individuals arrived on scene coincidentally - it did occur on a public thoroughfare, after all- saw an injured man, signs of a clear recent fight, and decided to pick up the single evident wounded man and get him the hell out of there. None of that strikes me as particularly anomalous.
I wouldn't know. They may have been watching from a distance and decided to wait. Regardless, aiding an enemy combatant puts you in the same category. I see this akin to an American running around in Nazi Germany wearing a Nazi uniform and being killed by allies, or running around with ammunition boxes. There were many ways to interpret who these people were when they pulled up in a van. The pilots felt that this group were (or would become) a threat.
Brihard said:
At no point after the arrival of the van was any individual identified holding or handling a weapon. At no point did the men from the van perform any actions that would violate conventional protections of medical responders. As no point was there any positive indication that they were doing anything wrong. The apache reported back - and this is clear in the transcript -
An impression was conveyed that the van was involved in picking up weapons and bodies, and this was not the case. They were picking up the (sole?) remaining wounded individual who showed signs of life.
Not quite. It is initially states that the van is there to POSSIBLY pick up bodies and weapons.
It is then reaffirmed that the van is there to pick up the bodies only. At no point is there a mention of "they are armed" or that they were picking up weapons.
The van is indicated as a black bongo truck.
Brihard said:
Which is he? Dying or escaping? The two appear to me to be contradictory. In any case, he was not 'escaping', he was being evacuated and tended to by civilians. Consequently, article 18 of the first Geneva convention would appear to be applicable. Google it. Article 12 of the same convention is important too. The whole 'no killing unarmed wounded' thing.
Both. He is escaping in the sense that he is getting away. We do not know if they were civilians or not.
I interpret article 18 as only applying to hospitals and if it does apply to medical personnel, it is clearly stated that they must be marked. While it is true that unarmed combatants may not be targeted if they are incapacitated, they clearly were not aiming for him or else they would have killed him before hand.
As for the van, I have no clue. There must be something I am missing. It was clearly stated that they were unarmed and only there for the bodies. However, they were given permission to engage. All things said and done, we do not know if the van that pulls up has already been identified as belonging to enemy combatants.
Brihard said:
They were not 'clearly together'. And no, they were not marked as medical, but you'd best be careful declaring 'open season' on civilians. With respect, you have a lot to learn.
I take it back. They weren't clearly together and I did not mean civilians are open season. I meant because they were (so I thought at the time) together AND unmarked (hence reaffirming my belief that they were "enemies") they were open season.
I do not condone in any shape or form the attacking, maiming, incapacitating or killing of any innocent civilian, bystanders and what have you.