Should we extradite Pfc. Lozano to Italy to stand trial for potential war crimes?

[Selatius]

ROME - A judge Wednesday ordered a U.S. soldier to stand trial in absentia for the fatal shooting of an Italian intelligence agent at a checkpoint in Baghdad, the prosecutor said.

Spc. Mario Lozano is indicted for murder and attempted murder in the death of Nicola Calipari, who was shot on March 4, 2005, on his way to the Baghdad airport shortly after securing the release of an Italian journalist who had been kidnapped in the Iraqi capital, prosecutor Pietro Saviotti said.

Another agent, who was driving the car, and the journalist, Giuliana Sgrena, were wounded.

"This looks to me like the first step on a long road toward truth and justice, and I hope justice will come in the end," said a visibly emotional Rosa Calipari, the agent's widow.

http://news.yahoo.com/s/ap/20070207/ap_on_re_eu/italy_iraq_us

The maximum sentence could be life in prison if Lozano is convicted.

The question:

Should we extradite Pfc. Lozano to Italy to stand trial?

The last option may need some explaining. Germany has a universal jurisdiction clause written into their constitution dealing with war crimes. The crime doesn't have to be committed on German soil for the clause to take effect. The clause only takes effect if the ones guilty of war crimes are not tried by their home governments; however, if the home government fails to bring charges against the suspects, the clause allows a court case to be brought in German court against those suspects.

To date, there's a case in German court right now accusing Rumsfeld and others in the administration of being guilty of war crimes. Unfortunately, US corporate news outlets have either not reported this development or reported on it very little. If convicted, the German courts may request the US government to extradite the guilty.

[KoKo]

1. I thought this case had died...US said it was an Accident and

it was discussed here on DU for awhile then dropped out of sight.
Interesting, after reading article that the US thought their investigation showed an accident..but the Italians kept after it.

[Selatius]

3. The US said it was a dead issue, but the Italian gov't drew a different conclusion

This is likely the result of that different conclusion, a formal trial. The evidence says something, and the two parties interpreting the evidence (The US gov't and the Italian gov't) drew different conclusions. Either somebody is in denial about the evidence, or the evidence itself is insufficient to convict and that Italy is simply biased in favor of its slain agent. The trial itself would allow the evidence to be seen by all.

[Solo_in_MD]

5. You do not try soldiers in a foreign civilian court for fog of war incidents

The original claims of the tin foil hat hat wearing conspiracy buffs were debunked. The only reason an Italian prsecutor even has names is the US investigation that cleared them.

The US will not extradite the person. The Italians do not have custody of the physical evidence. This will be an in absentia farce with no defense being presented.

[The Stranger]

2. Can someone explain to me the reason for not seeing justice done?

[eagler]

4. True justice would be to petition the Hague to indict

Bush for war crimes.

[The Stranger]

6. How is that in conflict with extraditing in the case of possible murder of a journalist?

[The Stranger]

7. Any of the other 13 "no" votes want to take a crack at it?