Quote:
Originally Posted by Fusilier
I think mens rea needs to be considered. Mens rea is the term for criminal intent. So the soldier in your first example may not be considered a war criminal since it wasn't a deliberate attempt.
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Too bad. The soldier in the first example stood a courts martial for his action. He was found not guilty, but it should never have passed the Article 32 hearing, let alone go to a c/m. Everybody involved thought that insurgents were all that was left in the building complex. Still, this is the Poltically Correct Army!