What Message did Captain Semrau's Court Martial Send?

by Karl Gotthardt - albertacowpoke | October 6, 2010 at 01:05 am

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Court Martial Sends Message to Canadian Soldiers that there is no grey area in a War Zone.

Captain Robert Semrau, who has had his life on hold, for over two years, was sentenced to dismissal from the Canadian Forces and Reduction in Rank to Second Lieutenant yesterday.

The Geneva Conventions are quite clear on this issue, and were applied to the letter of the law by Judge Lieutenant-Colonel Jean Perron.

The Judge told Semrau that he no longer deserved the uniform of the Canadian Forces and that his actions were disgraceful.

According to testimony during the trial, Semrau was on a patrol, with his Operational Mentor Liaison Team (OMLT), in support of the Afghan National Army. The patrol was ambushed, attack helicopters were called in support and the insurgent in question was shot out of a tree.

The Afghan Company Commander, who had first come upon the Taliban insurgent, had left the man for dead. According to the Afghan commander, the Taliban was 98% dead.

What happened after that was the subject of the court martial. According to two members of Semrau's OMLT, Captain Semrau send then away and told them that they didn't need to see this. Two shots were heard and apparently Semrau mercy killed the Taliban fighter.

While Captain Semrau did not testify in his trial, apparently the situation was too dangerous to call in a medical evacuation, thus Semrau's action.

The trial saw a grainy cell phone video, which basically revealed nothing. Other than two expended empty casings there was no physical evidence nor was the body of the insurgent recovered.

Semrau was charged with Murder, Negligent performance and duty and Disgraceful Conduct. While found not guilty on murder and Negligent Performance of Duty, the Court Martial found Captain Semrau guilty of Disgraceful Conduct.

The Judge, Lieutenant-Colonel Jean Guy Perron told Semrau: “Your behaviour is unacceptable and will not be tolerated.” He also said that his behaviour was a serious breach of discipline and that soldiers cannot be expected to be disciplined, if their officers are not.

The message is a chilling one for Canadian soldiers. According to Warfare Expert John Thompson this sentencing sends a chilling, if not paralyzing message to Canadian soldiers.

“It tells them, ‘No matter what you do, your judgment is going to be questioned by people who are total strangers to your situation.’ It tells them to be boy scouts in uniforms,” he said. “‘Don’t do anything. Don’t fight. Don’t stick your neck out. Stay behind the barbed wire and do nothing.’”
Mr. Thompson, who called the sentence “severe” and “way, way out of line,” said this internal dialogue will stem from a very real fear of being “court-martialed by people who have never been in combat.”

While Mr. Thompson's analysis of this sentence may be severe, he does have a point. The point is that situations are never clear cut on the battlefield. In order to judge Captain Semrau's actions of that day, one has to walk a mile in his shoes.

No one can know what went through Captain Semrau's mind during the split seconds he had to make this decision. The decision appears, by all indications, to have been one of compassion and not anger or hate.

Is the message send by the outcome of this Court Martial the message we want to send to our men and women in uniform? It was us that put them in that situation in the first place.

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Florence Sheehan (not verified)

at 02:55 on October 6th, 2010

I totally agree with Mr.Thompson's remarks. My thoughts are if you're going to judge me be sure you're beside me in the battlefield. Don't be an armchair judge that knows nothing of my fate there. I agree no one knows what Captain Semrau was feeling or thinking at that moment. Maybe he was putting himself in that man's situation, thinking what would I want someone to do. To me the message sent says play war and don't get caught doing anything humane. Thank you for this story...appreciate it .

Karl Gotthardt - albertacowpoke

at 06:18 on October 6th, 2010

Thanks for commenting Florence. Appreciate it. Agree.

marianmo

at 06:03 on October 6th, 2010

it is difficult to know exatly what happened, but he was exonerated from the murder charge and neglegent duty charge as well. I agree that the message to other soldiers is not good............i dont think you can put into a rule book directions on how to deal with each and every situation in the battlefield...all we can do is to make sure soldiers have the military and moral training to do what is right

Karl Gotthardt - albertacowpoke

at 06:23 on October 6th, 2010

You can get a pretty good picture on what happened. The video also indicates that the insurgent was all but lifeless. The Afghan Captain called him 98% dead. There was no real physical evidence. I don.t even know if the shells were matched to Semrau's rifle.

The rest is based on evidence of the two Corporals. His Warrant Officer says he never heard any of that. So, short of interviewing the Court Martial Panel it is hard to get a clear picture and how they evaluated the evidence.

NowPublic Staff

at 08:01 on October 6th, 2010

Interesting comments - I believe he will be discharged from the military "without disgrace" which means he will be eligible to re-join the Army

Karl Gotthardt - albertacowpoke

at 08:14 on October 6th, 2010

Thanks for commenting. While he can reapply to rejoin, it won't be that simple. His discharge in all likelihood will be under Queen's Regulations and Orders Item 5.d., which stipulates services no longer required. This is different from a 4.c., which is a voluntary release.

Unless the Chief of Defence Staff sets the sentence aside, I doubt that Captain Semrau will ever be seen in a regular force uniform again.

"thirty-aught-six" (not verified)

at 12:03 on October 6th, 2010

Semrau was scapegoated plain and simple and while it is a black mark on the CF DND it is a mark of shame on his Companies unwillingness to defend him loudly in public and in the Courts. { What did you do in the war Daddy? Nothing. I was unwilling to fire on the "enemy" for fear of being charge with manslaughter by the very people who sent me to fight.}

Karl Gotthardt - albertacowpoke

at 12:19 on October 6th, 2010

Thirty-aught-six, while I understand where you're coming from, the Canadian Forces went through hell over the deed of two soldiers that killed a Somali teenager. The issue was so politicized that a complete Regiment (the Canadian Airborne Regiment) was disbanded.

In that instance there was a failure of leadership on the ground in Somalia and some political cover-up to protect our first female Prime Minister.

Last year there were unproven allegations of prisoner abuse after Canadian prisoners were handed over to Afghan authorities. Again opposition parties tried to make hay of it. Canada has no capability in numbers to hold prisoners in Afghanistan for any length of time and handing them over to to U.S. Forces would have been political suicide. You get my drift? I hope.

The hazard of living in a democratic society is just that. What is interesting in the Semrau case though, is that he has overwhelming support from Canadian society. I am sure had he been tried by a civilian court he would be a free man today.

"thirty-aught-six" (not verified)

at 13:55 on October 6th, 2010

In my opinion I don't believe the Somali incident, nor the Afghans treatment of prisoners after the CAF handover is equatable to the Semrau case. Though I do see the disbandment of the venerable Canadian Airborne Regiment part and parcel of the extreme PC "solution" to answer a legal matter. The level of intent is not IMHO relative. Politically correct decisions need to be exercised with a common sense, rule of law approach and not a political CYA approach.

Karl Gotthardt - albertacowpoke

at 14:17 on October 6th, 2010

In your honourable opinion you are correct of course. I saw people within the Canadian Forces cheering when the Airborne Regiment was disbanded. There weren't very many General Officers, at the time, speaking out on this ill-perceived decision.

While neither the Somali and alleged ill-treatment of prisoners are not equitable to the Semrau case, I mentioned it to give an idea of what the decision process must have been. Whether we like it or not, CYA is well and alive.