Cultures of Impunity: Eddie Gallagher and the Trump Administration Campaign to Undermine International Law and the Military Justice System

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Friday, December 6, 2019
Author: 
Evan Schleicher
Volume: 
35
Issue: 
12
Abstract: 

On November 21, President Donald Trump tweeted that he would personally intervene to ensure that Edward Gallagher, a Navy Seal convicted of a war crime, would not lose his membership in an elite commando force.[1] In July, Gallagher was convicted of a war crime, posing with a dead body on a battlefield, and President Trump subsequently pardoned him.[2] What is notable about this case is that the Trump administration has intervened repeatedly and actively to undermine the normal course of justice in a case regarding serious alleged war crimes.[3],[4] While this may seem to be part and parcel for a country that many assume acts with total impunity in war, President Trump’s actions are, in fact, a significant deviation from normal standards of practice. An analysis of Trump administration responses to allegations of war crimes reveals a very specific shift in U.S. government policy meant to create a culture of impunity surrounding U.S. soldiers and to undermine what has been an effective domestic military justice system. These actions will undermine the rule of law domestically, damage perceptions of the U.S. military globally, and likely provide a blueprint for justifying war crimes by other global actors.