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Bradley Manning: traitor or hero?

By Marjorie Cohn - posted Thursday, 29 December 2011


The actions of American soldiers shown in that video amount to war crimes under the Geneva Conventions, which prohibit targeting civilians, preventing the rescue of the wounded, and defacing dead bodies.

Obama proudly took credit for ending U.S. military involvement in Iraq. But he had tried for months to extend it beyond the Dec. 31, 2011, deadline his predecessor negotiated with the Iraqi government. Negotiations between Obama and the Iraqi government broke down when Iraq refused to grant criminal and civil immunity to U.S. troops.

It was after seeing evidence of war crimes such as those depicted in "Collateral Murder" and the "Iraq War Logs," also allegedly leaked by Manning, that the Iraqis refused to immunize U.S. forces from prosecution for their future crimes.

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When I spoke with Tariq Aqrawi, Iraq's ambassador to the United Nations, at a recent international human rights film festival in Vienna, he told me that if they granted immunity to Americans, they would have to do the same for other countries as well.

Manning faces more than 30 charges, including violations of the Espionage Act and "aiding the enemy" which could carry the death penalty (though prosecutors say they won't seek it). After a seven-day hearing, during which the prosecution presented evidence that Manning leaked cables and documents, there was no evidence that leaked information imperiled national security or that Manning intended to aid the enemy with his actions.

On the contrary, in an online chat attributed to Manning, he wrote, "If you had free reign over classified networks … and you saw incredible things, awful things … things that belonged in the public domain, and not on some server stored in a dark room in Washington DC … what would you do?"

He went on to say, "God knows what happens now. Hopefully worldwide discussion, debates, and reforms. I want people to see the truth … because without information, you cannot make informed decisions as a public."

Manning has been held for 19 months in military custody. During the first nine months, he was kept in solitary confinement, which is considered torture as it can lead to hallucinations, catatonia and suicide. He was humiliated by being stripped naked and paraded before other inmates.

The U.S. government considers Manning one of America's most dangerous traitors. Months ago, Obama spoke of Manning as if he had been proved guilty, saying, "he broke the law." But Manning has not been tried, and is presumed innocent in the eyes of the law.

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If Manning had committed war crimes instead of exposing them, he would be a free man today. If he had murdered civilians and skinned them alive, he would not be facing a charge that carries the potential of the death penalty.

Besides helping to end the Iraq war, the leaked cables helped spark the Arab Spring. When people in Tunisia read cables revealing corruption by the ruling family there, they took to the streets.

If Manning did what he is accused of doing, he should not be tried as a criminal. He should be hailed as a national hero, much like Daniel Ellsberg, whose release of the Pentagon Papers helped to expose the government's lies and end the Vietnam War.

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About the Author


Marjorie Cohn is a professor at Thomas Jefferson School of Law, past president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her latest book is "The United States and Torture: Interrogation, Incarceration and Abuse." See www.marjoriecohn.com

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