Sergeant Evan Vela, a U.S. army sniper, was sentenced to 10 years in prison on Feb. 10 for murder without premeditation after killing an Iraqi civilian and planting evidence on him.On May 11, 2007, Sgt. Vela shot Genei Nasir al-Janabi, after al-Janabi spotted Vela and five other U.S. snipers hiding near the town of Iskandariya, southwest of Baghdad. After he shot al-Janabi, Vela planted an AK-47 on his body.
Vela admitted to killing Mr. al-Janabi but claimed it was an accident, blaming sleep deprivation and post-traumatic stress. The defense argued Vela had slept less than five hours in three days while out in hostile territory. Vela and the other snipers testified they traveled all night through swamps and canals, enduring extremely high temperatures and were administering IVs to each other to remain hydrated.
“Our military is pushed and stressed beyond breaking point,’ said Robert Duncan, associate professor of political science. “You cannot have that kind of stress and not have it affect you. Some of these soldiers are on their second and third tours. We’ve been in Iraqi longer than World War II.”
Vela’s defense also claimed he lied about the incident afterwards partly due to his post-traumatic stress disorder (PTSD). Vela had initially been charged with premeditated murder and faced a possible life sentence, but the situation has changed since his court martial in Baghdad.
“It’s a simple case,” said Capt. Jason Nef, one of the two military prosecutors, to CNN News. “The reason is because Vela confessed on the stand that he lied. He confessed he killed an unarmed Iraqi.”
Vela’s commanding officer, Staff Sgt. Michael A. Hensley, testified that he ordered Vela to kill al-Janabi after the snipers had fallen asleep, and woke to find al-Janabi squatting three feet away from them. Hensley said that he ordered the man to lie on the ground when al-Janabi began yelling. Hensley testified that a group of “military-aged men” began to gather 100 yards away, and he ordered Vela to kill al-Janabi because it was the only way to keep the sniper hide-out from being discovered in hostile territory.
“I don’t remember pulling the trigger. I don’t remember the sound of the shot,” Vela said at his trial, according to CNN News. “It took me a few seconds to realize that the shot came from my pistol.”
Sgt. Vela will be transferred to a U.S. military base in Kuwait, and remain there until the military decides on a permanent U.S. incarceration site. Vela was also sentenced to forfeit all pay and allowances, and will receive a dishonorable discharge. His case is automatically referred to a military appeals court, according to MSNBC News.
Sgt. Hensley and Spc. Jorge G. Sandoval Jr., the two commanding officers of the six-man sniper force, have faced similar charges in al-Janabi’s death as well as two other killings.
During this trial, both men were acquitted of murder but convicted of planting evidence. Hensley was sentenced to 135 days confinement, received a letter of reprimand and a reduced rank to sergeant. Sandoval was sentenced to five months in prison, pay withheld, and with rank reduced to private.
In the end, Vela is ultimately held responsible the law for the murder of al-Janabi because of the Nuremberg Laws. The Nuremberg Laws state that a soldier is responsible for his or her behavior; there is no exemption because of the pressure of a superior. A soldier is still obligated to uphold a code of conduct.
“They’ve got the wrong guys on trial,” Duncan said. “They prosecuted the grunts, every time there’s a situation like this they should be trying the generals, the secretary of defense, the president – they’re the ones who got us into this war.”
However, these cases are not isolated incidents. According to the World Socialist Web site, figures indicate that Iraqi civilians are shot at by U.S. forces at least every three hours, as of July 2007. The rate at which civilians are fired upon has sharply risen with the increase of American operations in densely populated residential areas of Baghdad and other cities. Between 2006 and 2007 an estimated 429 Iraqi civilians were killed or wounded at checkpoints or near military patrols and convoys.
“I think Iraqis are swept under the rug,” said Shaina Anderson, a senior who has worked at the Multicultural Resource Center for three years. “We don’t see them as people or individuals.”
A number of factors could possibly contribute to civilian deaths caused by U.S. troops: sheer fear of being killed themselves, the brutalization of military personnel who are exposed to constant death and violence, and the general devaluation of Iraqi lives by military propaganda.
“One of my concerns with soldiers involved in combat, whether our guys or theirs, is that military training allows people to dehumanize the enemy,” said Max Carter, director of the Friends Center and Campus Ministry coordinator. “(The enemy) is a stereotype . they’re not people with wives, children, a job.”
Despite these factors, there are those who feel the responsibility lies with he who pulled the trigger.
“Regardless of how aware or conscious (Vela) was, you are responsible for your actions,” Anderson said. “Sleep deprivation could have been a contributing factor, but I don’t see how that could effect his decision.