Saturday, November 07, 2009

The Non-Combatant Status of Major Nidal Malik Hasan

After the Fort Hood massacre, one of my friends was surprised to learn our military bases are actually gun free zones. Another irony of military life. Chances are, if Major Nidal Malik Hasan opened fire off post, there might have been a concealed weapon available. In 1991, a gunman did open fire in a Luby's cafeteria in Killeen - the town outside Fort Hood - and killled 23 people. Suzzanna Hupp, a patron who lost both her parents in that massacre, had left her gun in her car because she did not have a concealed carry permit. As a result of the Luby massacre, Texas reduced the restrictions for concealed carry permits.

Another thing that non-military experienced folks might not be aware of is that as a medical officer, Major Hasan is considered a non-combatant. Despite the image of Frank Burns brandishing a firearm, medical personnel may not use arms against enemy forces acting in conformity with the law of armed conflict. Of course there is that caveat "acting in conformity with the law of armed conflict" - since when has America had an enemy oblige? Nonetheless, the U.S. conforms to the law. Speculation that Major Hasan was conflicted about fighing Muslims is baseless. He wouldn't have been permitted to even if he desired.

Cross-posted in Anatreptic

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