PURITAN MILITARY JUSTICE: AMERICAN WAR CRIMES AND THE GLOBAL WAR ON TERRORISM A Dissertation by RONALD P. LORENZO Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY May 2012 Major Subject: Sociology Puritan Military Justice: American War Crimes and the Global War on Terrorism Copyright 2012 Ronald P. Lorenzo PURITAN MILITARY JUSTICE: AMERICAN WAR CRIMES AND THE GLOBAL WAR ON TERRORISM A Dissertation by RONALD P. LORENZO Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Approved by: Chair of Committee, Stjepan Mestrovic Committee Members, Alex McIntosh Larry Oliver Rogelio Saenz Head of Department, Jane Sell May 2012 Major Subject: Sociology iii ABSTRACT Puritan Military Justice: American War Crimes and the Global War on Terrorism. (May 2012) Ronald P. Lorenzo, B.A., Texas A&M University, M.B.A., Sam Houston State University Chair of Advisory Committee: Dr. Stjepan Mestrovic Exploring Puritanical cultural habits in the twenty first century American military, the following study focuses on U.S. Army courts-martial in the Global War on Terrorism. The study uses Emile Durkheim’s original sociological interpretation of crime and deviance. That interpretation is linked with responsibility as described by Durkheim’s follower Paul Fauconnet in Responsibility: A Study in Sociology ([1928] 1978) and with a new cultural reading of Max Weber’s The Protestant Ethic and the Spirit of Capitalism ([1905] 1976). The study is an inductive, descriptive examination of the Puritanical aspects of American military culture based on its treatment of acts labeled as deviant and criminal in the Global War on Terrorism. Four sets of war crimes are included in the study: Abu Ghraib (which occurred in Iraq in 2004), Operation Iron Triangle (which occurred in Iraq in 2006), the Baghdad canal killings (which occurred in Iraq in 2007), and another set of killings which occurred in Afghanistan. My data include primary data collected through participation and observation as a sociologist assisting the defense teams for courts-martial related to all the cases except Abu Ghraib. iv Records of trial, investigation reports, charge sheets, sworn statements, and other documentation are also included in the study as secondary data sources. The study illuminates how unconscious, Puritan cultural habits color and shape both military actions and their perceptions. I explore Puritanism and its influence on military law, responsibility, revenge, “magic” (in its sociological sense), and narcissism. The study concludes with observations and recommendations for changes in U.S. military law. v DEDICATION To my parents, Mary and Roger Lorenzo, and in memory of my best friend, Jason Charles Crawford (July 19, 1971 – January 2, 2009). vi ACKNOWLEDGEMENTS This work could not have been completed without the support and help of many people. I am indebted to my parents, Mary and Roger Lorenzo, whom I regard as my first and best teachers. I could not have finished my studies without their encouragement and support. In following with the Costa Rican custom of dedicating one’s degree to specific teachers, I dedicate my doctorate degree to them. Thanks are also due to my brother Mark, my sister-in-law Heather, and my niece Delilah Marie Lorenzo. Special thanks are due to my Uncle Paul, an attorney, who has been very helpful in answering questions about the law. My thanks go to my family in Costa Rica, especially my Tía (Aunt) Marta and my cousins Marianela and Rebecca. My best friend since high school, Jason Crawford, passed away from his life- long struggle with kidney disease before my studies were complete. Jason had many fine qualities which I valued in our friendship. He loved to read more than anyone else I have met, and his love of reading was inspiring. Jason was also the most optimistic and cheerful person I have known, and he had a great sense of humor. He inspired everyone around him, and he was always supportive of my studies. Jason’s family, Susanne and James Daves-Peterson and Edward Crawford, have also become my friends, and they have also been very encouraging of my studies. I am particularly grateful for Susanne’s insight into the use of Reid-like techniques in pharmacy settings. vii The chairperson and members of my dissertation committee deserve my gratitude and thanks. Dr. Stjepan Mestrovic has been an excellent teacher, mentor, and friend. I am very grateful to Dr. Mestrovic for the opportunities he has afforded me in the way of allowing me to participate in the courts-martial where he has testified as an expert witness. He has always had great faith and expectations of me. I am also thankful for the time, mentorship, and participation of Dr. Larry Oliver, Dr. Alex McIntosh, and Dr. Rogelio Saenz on my committee. My dissertation was written with the unique experience of having participated in the legal defense of U.S. Army soldiers as a sociologist. I am indebted to the dedicated lawyers who allowed me to participate in their teams. Several scholars corresponded with me during my research and provided me with reading recommendations. I owe thanks to Dr. Gary Solis for his correspondence with me and for book recommendations. Dr. James Weingartner, Emeritus Professor, has written about American war crimes during the Second World War. His article on the mutilation of Japanese war dead during World War II was useful in drawing parallels between these contemporary killings and similar events during World War II. Dr. Weingartner’s article on the Biscari massacre also helped illuminate aspects of all of these contemporary war crimes. Dr. Roger Beaumont, Emeritus Professor, taught me a military history class of World War II as an undergraduate that has been invaluable in my studies. Much of this work is informed by the book Responsibility by Paul Fauconnet ([1928] 1978). I have special thanks for those who made available the only extant, viii typewritten English translation of the book made decades ago by law professor William Jeffrey, Jr. My special thanks are due to the estate of William Jeffrey Jr. for permission to access his translation, and to the University of Cincinnati law library and its director, Dr. Kenneth Hirsh, who made the work available. Of course, my thanks are due to the late William Jeffrey, Jr. Thanks are also due to Father Leon Strieder for his encouragement to finish my dissertation. In 1994, as an observer, I was fortunate and privileged to attend his dissertation defense for the degree of Doctor in Sacred Literature in Rome, Italy. The experience formed a point of reference in my own academic endeavors. Finally, I owe my gratitude to Texas A&M University for the research opportunity. I am grateful for the help and support of the sociology department. I am thankful also to the Sterling C. Evans and Cushing libraries of Texas A&M University and their librarians – especially the reference, government, map room, legal, and special collection librarians – for their assistance. ix NOMENCLATURE 372nd 372nd Military Police Company AO Area of Operation AR 15-6 A formal or informal investigation in the U.S. Army Article 32 A military hearing roughly equivalent to a civilian grand jury BDE Brigade; an army unit consisting of several battalions BN Battalion; an army unit consisting of several hundred soldiers CIC or CID United States Army Criminal Investigation Command, still known by the acronym for the Criminal Investigation Division COIN Counter Insurgency Company An army unit consisting of several platoons; several companies together compose a battalion COP Combat Outpost DHA Detainee Holding Area E-1 or PV1 Private; lowest U.S. Army enlisted rank; rank for recruits and soldier-prisoners E-2 or PV2 Private E-3 or PFC Private First Class E-4 or SPC Specialist; Not a non-commissioned officer rank E-4 or CPL Corporal; Lowest rank for non-commissioned officers E-5 or SGT Sergeant x E-6 or SSG Staff Sergeant E-7 or SFC Sergeant First Class E-8 or MSG Master Sergeant E-8 or 1SG First Sergeant; Highest ranking sergeant in a company of soldiers E-9 or SGM Sergeant Major E-9 or CSM Command Sergeant Major EFP Explosively Formed Projectile or Explosively Formed Penetrator; a type of IED (see below) used in Iraq and Afghanistan against the U.S. military and capable of penetrating or destroying heavily armored vehicles FM Field Manual FOB Forward Operating Base GTMO Guantanamo Bay Naval Base, also used in reference to various detention facilities at the base since 2003 HMMWV High Mobility Multipurpose Wheeled Vehicle or Humvee IED Improvised Explosive Device; a homemade bomb usually planted roadside and used in Iraq and Afghanistan against U.S. military personnel and vehicles INP Iraqi National Police IO Investigating Officer IP Iraqi Police xi IRA Irish Republican Army; a name used by various insurgent groups in Ireland throughout the 20th century and into the present JAG Judge Advocate General's Corps; The military’s legal branch LCDR Lieutenant Commander; Navy rank (O-4) equal to Army Major mTBI Mild Traumatic Brain Injury MG Major General MI Military Intelligence MJ Military Judge MP Military Police MRE Meal, Ready-to-Eat; U.S. military rations NAMA Nasty Ass Military Area O-1 or 2LT Second Lieutenant; lowest U.S. Army commissioned officer rank O-2 or 1LT First Lieutenant O-3 or CPT Captain O-4 or MAJ Major O-5 or LTC Lieutenant Colonel O-6 or COL Colonel O-7 or BG Brigadier General OEF Operation Enduring Freedom; the U.S. led war in Afghanistan OIF Operation Iraqi Freedom; the U.S.