Conscientious Objector, or War Criminal?

While browsing my blogroll this morning, I noticed an interesting post at The Museum of Left Wing Lunacy about Sgt. Kevin Benderman. Sgt. Benderman is a ten-year veteran of the U.S. Army, where he is a mechanic. He served one tour in Iraq, including the assault on Baghdad. Facing a second tour of duty in Iraq, Sgt. Benderman applied for conscientious objector status in December of 2004. The Army has charged him with desertion, and his commanding officer called him a coward.

I have never been in combat, and am loathe to call a veteran a coward without having been put to the test myself, nor do I feel comfortable commenting on whether or not charging a conscientious objector with desertion is legal or right. I'm simply don't know enough to feel I have an educated opinion to offer.

I do however, have a huge question regarding Sgt. Benderman's claim that his outfit was under orders to open fire on children who were throwing rocks at his unit. Either Sgt. Benderman lied about the event, or someone committed a war crime. We need to get to the bottom of this.

One thing I have learned from reading "mil-blogs" (blogs from military personnel) such as Lt. Smash, Armor Geddon, and Blackfive, is that soldiers have very rigidly defined rules of engagement, which strictly limit the situations where they are authorized to fire a weapon.

I am certain that no unit in any branch of the U.S. military is sanctioned to fire upon rock-throwing children. We aren't French.

If such an order was given, it would be illegally issued and illegal to follow. If so much as a single bullet was fired at these children, a war crime occurred. If Sgt. Benderman fired a shot at these children, he is a war criminal. If anyone else fired, they are also war criminals. The person who issued such an order would also be a war criminal.

Based upon the circumstances described, I would also expect them to be charged with murder as well. Children can't throw rocks very far, perhaps thirty yards at the outside, fifty for a healthy teen. At this ranges the standard M-16s and M-4s will not miss, and children have almost zero chance of surviving a center-mass hit from these weapons at that range.

If Sgt. Benderman is right, his unit is most likely guilty of war crimes. If he is lying, he is guilty of far more serious crimes than desertion.

So which is it, Sgt. Benderman?