10 Needed Steps for Obama to Start Dismantling America's Gigantic, Destructive Military Empire
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That island was the scene of the largest anti-American demonstrations since the end of World War II after the 1995 kidnapping, rape, and attempted murder of a 12-year-old schoolgirl by two Marines and a sailor. The problem of rape has been ubiquitous around all of our bases on every continent and has probably contributed as much to our being loathed abroad as the policies of the Bush administration or our economic exploitation of poverty-stricken countries whose raw materials we covet.
The military itself has done next to nothing to protect its own female soldiers or to defend the rights of innocent bystanders forced to live next to our often racially biased and predatory troops. "The military's record of prosecuting rapists is not just lousy, it's atrocious," writes Herbert. In territories occupied by American military forces, the high command and the State Department make strenuous efforts to enact so-called "Status of Forces Agreements" (SOFAs) that will prevent host governments from gaining jurisdiction over our troops who commit crimes overseas. The SOFAs also make it easier for our military to spirit culprits out of a country before they can be apprehended by local authorities.
This issue was well illustrated by the case of an Australian teacher, a long-time resident of Japan, who in April 2002 was raped by a sailor from the aircraft carrier USS Kitty Hawk , then based at the big naval base at Yokosuka. She identified her assailant and reported him to both Japanese and U.S. authorities. Instead of his being arrested and effectively prosecuted, the victim herself was harassed and humiliated by the local Japanese police. Meanwhile, the U.S. discharged the suspect from the Navy but allowed him to escape Japanese law by returning him to the U.S., where he lives today.
In the course of trying to obtain justice, the Australian teacher discovered that almost fifty years earlier, in October 1953, the Japanese and American governments signed a secret "understanding" as part of their SOFA in which Japan agreed to waive its jurisdiction if the crime was not of "national importance to Japan." The U.S. argued strenuously for this codicil because it feared that otherwise it would face the likelihood of some 350 servicemen per year being sent to Japanese jails for sex crimes.
Since that time the U.S. has negotiated similar wording in SOFAs with Canada, Ireland, Italy, and Denmark. According to the Handbook of the Law of Visiting Forces (2001), the Japanese practice has become the norm for SOFAs throughout the world, with predictable results. In Japan, of 3,184 U.S. military personnel who committed crimes between 2001 and 2008, 83% were not prosecuted. In Iraq, we have just signed a SOFA that bears a strong resemblance to the first postwar one we had with Japan: namely, military personnel and military contractors accused of off-duty crimes will remain in U.S. custody while Iraqis investigate. This is, of course, a perfect opportunity to spirit the culprits out of the country before they can be charged.
Within the military itself, the journalist Dahr Jamail, author of Beyond the Green Zone: Dispatches from an Unembedded Journalist in Occupied Iraq (Haymarket Books, 2007), speaks of the "culture of unpunished sexual assaults" and the "shockingly low numbers of courts martial" for rapes and other forms of sexual attacks. Helen Benedict, author of The Lonely Soldier: The Private War of Women Serving in Iraq (Beacon Press, 2009), quotes this figure in a 2009 Pentagon report on military sexual assaults: 90% of the rapes in the military are never reported at all and, when they are, the consequences for the perpetrator are negligible.