Iraq: Stone thrower becomes dead 'unlawful combatant'

Is a stone thrower an 'unlawful combatant'? Can British troops murder stone throwers with impunity? Looks like it...

Sergeant Steven Roberts was shot dead at Az Zubayr, Iraq on 24 March 2003. This was a case of so-called 'friendly fire' - the soldiers had been aiming their weapons at rock-throwing civilian Mr Zaher Zaher. The media unsuprisingly have focused on issues around the killing of Sergeant Roberts. The dead Mr Zaher has received comparatively little attention. The Guardian's coverage here is typical. To get an account of the circumstances surrounding the shooting dead of the already wounded and unarmed Iraqi we had to turn to the Crown Prosecution's own website - which details a clear breach of the Geneva Convention - although the CPS do not quite see it like that because they claim it could be argued that when Mr Zaher started [foolishly/bravely] chucking rocks at the heavily armed British troops and tanks he became.... an 'unlawful combatant' - putting the unfortunate rock-thrower into the same category as al Qaeda and the Taliban:

Findlaw - According to Defense Secretary Rumsfeld, the Taliban and al Qaeda fighters currently being held captive at the United States Naval Base at Guantanamo Bay, Cuba, are not prisoners of war, but "unlawful combatants." What's the difference?

The short answer is that a prisoner of war is entitled to the protections set forth in the 1949 Geneva Convention. In contrast, an unlawful combatant is a fighter who does not play by the accepted rules of war, and therefore does not qualify for the Convention's protections.Link

Wikipedia - An unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) is a person who is accorded neither the rights a soldier would normally have under the laws of war, nor the civil rights a common criminal would normally have.

Unlawful combatants do retain rights under the Fourth Geneva Convention so that they must be "treated with humanity" Link

It is clear that lethal force was used against a 'rock'[stone]thrower. Not satisfied with seriously wounding him, the troops chose to finish him off because they 'perceived that Mr Zaher still posed a threat'.

Below we have posted the CPS account of events relating to the death of Mr Zaher. Read the item in full via the link below - including the premise that he became an unlawful combatant upon picking up a few rocks/stones.

...The Attorney General asked the CPS to review the case in September 2004 and this was carried out by an experienced senior lawyer at the CPS. On the evidence then available to him it appeared that British soldiers had shot an unarmed Iraqi civilian, Mr Zaher, a number of times, even after he had already been severely injured and in no position to pose a threat to anyone.

...On Sunday 24 March 2003, a troop of three Challenger battle tanks, part of the 2nd Royal Tank Regiment, were involved in a road block on the outskirts of Az Zubayr, Iraq, to stop and search vehicles for weapons.

Shortly after 6.00 am, Mr Zaher approached the tanks throwing rocks, firstly at the tanks and then at Sergeant Roberts who was standing alone outside his tank. Sergeant Roberts put out his hand, apparently as a signal for Mr Zaher to stop, but he did not do so. Sergeant Roberts drew his pistol and aimed it at Mr Zaher but although it appears that he fired one shot, the pistol malfunctioned and Mr Zaher continued to approach him, throwing more rocks. Sergeant Roberts apparently tried to clear the jam as Mr Zaher advanced.

...A soldier in one of the tanks opened fire, apparently as warning shots, but Mr Zaher did not stop. Soldiers from two of the tanks then fired a number of shots at Mr Zaher. One of those weapons was set to fire at targets a considerable distance away and was not accurate at close range. Although Mr Zaher was hit and severely injured in the arm two of the bullets struck Sergeant Roberts in the torso and he fell to the floor, fatally wounded.

As soldiers dismounted from the tanks to give assistance to Sergeant Roberts, Mr Zaher got up holding a rock and started towards him again. One soldier, who had gone to assist Sergeant Roberts, said he feared that Mr Zaher was about to attack again so he fired his pistol several times and Mr Zaher again fell to the floor. According to some of the soldiers, despite his injuries, Mr Zaher again got up to advance on Sergeant Roberts, and holding a rock. The soldier who was attending to Sergeant Roberts, perceived that Mr Zaher still posed a threat and directed another soldier to shoot Mr Zaher. On this occasion he did not get up. British medical staff attended and Sergeant Roberts and Mr Zaher were declared dead at the scene. Read in Full