Press Release: FOIA Request Hearing (Giuliana Sgrena shooting)

For Immediate Release


Date: Friday, March 21, 2007


Re: FOIA Hearing, MOTION FOR SUMMARY JUDGMENT FILED IN THE U.S.
District Court for the Northern District of California, San Francisco
Division

Monday March 26th, 2:00 p.m.

Judge Patel, Courtroom 15, 18th Floor
US District Court, 450 Golden Gate Ave.
San Francisco, CA


Attorneys
Colleen Flynn
213-252-9444
213-252-0091
colleen_ucsc@hotmail.com

Chris Ford
213-487-8000
213-487-8001
cfordlaw@earthlink.net

W. Gordon Kaupp
415-285-8091
415-285-8092
gordonk@hotmail.com

Plaintiff
Marguerite Hiken
415-566-3732
mlhiken@mlt.info



San Francisco -- For over two years, the government has been keeping
the Rules of Engagement (ROE) for the U.S. Military's shooting on the
car carrying Italian journalist Giuliana Sgrena and for its assault
on the city of Fallujah from public scrutiny. On Monday, the U.S.
District Court in San Francisco will hold a hearing on the National
Lawyers Guild Military Law Task Force's lawsuit against the
Department of Defense seeking release of these ROE.

Why is the government stonewalling the release of this information?

The killing of Nicola Calipari, the shooting of Giuliana Sgrena, and
the utter destruction of a city inhabited by over 400,000 civilians
were all effectuated under the guidelines set forth in the ROE we are
requesting. These events underscore the fact that the ROE are not
fulfilling their purpose. The American people should know what
instructions our GIs are given when they engage in the sort of
conduct seen in and around Fallujah at that time.

Some of the questions that need to be answered are:

Why is the MLTF (Military Law Task Force) bringing this FOIA claim?
What are Rules of Engagement?
Do soldiers take them seriously?
Are they a worthwhile guide to soldiers' actions in combat?
How do they specifically help a soldier in combat areas?
Are they open ended? Do they prevent the sort of abuse that has
taken place and continues to take place regularly in Iraq?
_____________________________



Attached is an unclassified "Rules of Engagement (ROE)" given to the
NLG MLTF by a GI who was deployed to Iraq. We believe that this
document is similar to the ones used by the military to justify the
slaughter of civilians in Fallujah; the killing of the Italian
bodyguard to journalist Giuliana Sgrena; and, the indefensible
murders of prisoners at Abu Ghraib and Guantanamo.

You will notice that the government's response to inquiries about
each of the atrocities mentioned above is to indicate that the
soldier's conduct fell "within the ROE." While the military will not
provide the public with the specific ROEs used in the locations
described above, it is obvious that these rules are so broad and
meaningless as to provide an excuse for any killing whatsoever by any
GI fighting in a war zone.




________________________________________________________________________
______

UNCLASSIFIED

APPENDIX 1 (ROE CARD) TO ANNEX E (RULES OF ENGAGEMENT) TO FIRST ARMY
EXORD 05-07 (SUPPORT OF MOBILIZATION, TRAINING, AND DEPLOYMENT OF 48
BCT)



NOTHING ON THIS CARD PREVENTS YOU FROM USING DEADLY FORCE TO DEFEND
YOURSELF.



1. Enemy military and paramilitary forces may be attacked subject to
the following instructions:

a. Positive Identification (PID) is required prior to engagement. PID
is ‘reasonable certainty’ that your target is a legitimate military
target. If no PID, contact your next higher commander for decision.

b. Do not engage anyone who has surrendered or cannot fight due to
sickness or wounds.

c. Do not target or strike any of the following except in self-
defense to protect yourself, your unit, friendly forces, and
designated persons or property under your control:

· Civilians

· Hospitals, mosques, churches, shrines, schools, museums,
national monuments, and any other historical and cultural sites

d. Do not fire into civilian populated areas or buildings unless the
hostile force is using them for hostile purposes or if necessary for
your self-defense.

e. Minimize collateral damage.



2. You may use force, including deadly force, to defend yourself from
persons who commit or are about to commit hostile acts against you.
You may use the same level of force to protect the following:

· your unit, and other friendly forces (including Iraqi police
and security forces)
· Enemy prisoners of war and detainees
• Civilians from crimes that are likely to cause death or serious
bodily harm, such as murder or rape
• Designated organizations and/or property, such as personnel of the
Red Cross/Red Crescent, UN, and US/UN supported organizations.



Warning before firing

You may, time permitting, give a warning in a loud clear voice:

KIFF – ARMICK (Stop or I’ll shoot)

ERMY SE-LA-HAK (Drop your weapon)



3. You may detain civilians if they interfere with mission
accomplishment, possess important information, or if required for
self-defense.

• Treat all persons and their property with respect and dignity.
• Iraqi security forces and police are authorized to carry weapons.



4. Necessary force, including deadly force, is authorized for the
protection of some types of property including the following:

• Public utilities
• Hospitals and public health facilities
• Electric and Oil infrastructure
• Coalition and captured enemy weapons and ammunition
• Financial institutions
• Other mission essential property designated by your commander



REMEMBER

• Attack only hostile forces and military targets.
• Avoid fratricide—be aware of nearby units and Iraqi police and
security forces
• Spare civilians and civilian property, if possible.
• Do not loot or steal.
• Conduct yourself with dignity and honor.
• Comply with the Law of War. If you see a violation, report it.
• YOU ALWAYS HAVE THE RIGHT TO USE NECESSARY FORCE, INCLUDING DEADLY
FORCE, TO PROTECT YOURSELF AND OTHERS.

These ROE will remain in effect until your commander orders you to
transition to different ROE.