Special Forces Soldiers Charged with the Murder of Afghan man

There have been numerous cases in the news about soldiers in Iraq being charged for the unauthorized killings of Iraqi civilians.  Recently, two Special Forces soldiers in Afghanistan were charged with the murder of an Afghanistan man outside his home but the news coverage has been significantly less.  The New York Times was the primary news source to report on the trial of Green Berets, Staffel and Anderson.  The group of twelve Special Forces soldiers present at the shooting of Nawab Buntangyar are maintaining that the incident was consistent with the American rules of engagement and Buntangyar was an enemy combatant.  (International Herald Tribune) Originally Staffel and Anderson were charged in June with premeditated murder, but after an investigation by Army's Criminal Investigation the incident was found to be "justifiable homicide."  (IHT) Mark Waple, the civilian lawyer for Staffel, said that "Major General Kearney, who commands all American special operations troop in Afghanistan at the time, proceeded with the murder charges against the two soldiers anyway."  (IHT)

Last week in Fort Bragg, North Carolina, presiding officer, Colonel Kevin A. Christie inquired as to why Maj. Gen. Kearney went ahead with the charges. (NY Times)  In addition, Col. Christie focused intensely on "[the risk of] trying to fight a war in Afghanistan with aggressive measures in an 'unconventional war' versus the risk of losing the larger strategic battle for hearts and minds of Afghan civilians." (NY Times)  These concerns were evident in his questioning of Major Matthew McHale about the prospective repercussions of the soldiers shooting of Mr. Buntangyar. (NY Times) Specifically, the concern was that the police force, which the American soldiers have been trying to establish as an "independent and trustworthy" institution in Afghanistan. (NY Times) The New York Times article quoted Major McHale as conceding to Col. Christie's concerns but "[the police] were unreliable and sloppy and on the day of the shooting the police had locked their radios and keys in vehicles at home."  Bill O'Reilly commented for Fox News that for Major Kearney to go ahead with the charges after the two special forces soldiers had been cleared of wrongdoing was wrong and called on Americans to "zero in on this [issue because] the USA is fighting a brutal war against terrorists, who don't wear uniforms and delight in killing women and children."  (Fox News)  Mr. O'Reilly claims Nawab Buntangyar was a terrorist and a killer and that the killing should be justifiable. (Fox News)

For more information, please see:

"Hearing in Killing of Afghan Puts Army War Effort on Trial" New York Times September 20, 2007

"Army will Examine Special Forces Killing" International Herald Tribune September 17, 2007

"Harming Our Troops" Fox News September 20, 2007