Monday, April 30, 2012

Pirate or Hostage Negotiator

I have mixed feelings about the news in this article and worry this verdict may have the unintended consequence of politicizing and squelching the role of hostage negotiation, increasing the likelihood a hostage will be tortured and/or executed.

Jury convicts Somali man of piracy in US yacht, German ship hijackings
Washington Post, April 27, 2012

A Somali man was convicted of piracy on Friday for his role as a hostage negotiator in the hijacking of a German merchant vessel and U.S. yacht. The four Americans aboard the yacht were shot to death by pirates, and the crew on the other vessel was tortured to get a higher ransom.

Mohammad Saaili Shibin was convicted of the 15 charges he faced, including kidnapping, hostage-taking and weapons charges. He faces a mandatory life sentence. [...]

At issue is whether piracy is defined solely as robbery at sea ... or whether it involves a broader more contemporary definition that includes facilitating a pirate attack as prosecutors believe.

U.S. law refers to piracy only “as defined by the law of nations.”
At first glance, the case seems black and white - the defendant is a pirate. But this particular pirate is a hostage negotiator acceptable to and employed by other pirates. Chicken or the egg - which came first - hostage negotiator or pirate?

If a kidnapper demands a certain negotiator (for whatever reasons) is that negotiator now subject to arrest and prosecution? Does this mean hostage negotiators may only represent the victim? How much time will be lost negotiating whether or not the negotiator is acceptable to both sides?

Does this precedence place hostage negotiators in a lose-lose position?

Kidnapping is an abhorrent practice. The reality is the act itself hurts the victim and the victim's family and friends. But taking it out on hostage negotiators, regardless of how loathsome their clients may be, seems like a slippery slope to hell.

Wednesday, April 25, 2012

US Army FOIA Reading Room

Poking around the the US Army FOIA Electronic Reading Room. Great resource for researchers provided information has been released by FOIA.

US Army FOIA Electronic Reading Room

Among available documents is the Army Regulation AR-15-6 Informal Investigation Report for the abduction of two troops in Iraq. An AR-15-6 is a fact-finding investigation first undertaken when someone is reported missing. At least, that's the way it is supposed to work.

Memorandum for Record pertaining to Army Regulation 15-6 Investigation regarding PFC Thomas L. Tucker and PFC Kristian Menchaca June 18, 2006

Investigation into the 16195JUN06 attach on B/1-502 IN/2-101 AA, resulting in the death of one Soldier and duty status whereabouts unknown (DUSTWUN) of PFC Thomas L. Tucker and PFC Kristian Menchaca
I wonder if it is possible to file an FOIA for the AR-15-6 for each and every American who has gone missing in Iraq.

Related Reading

Memorandum - Subject: Army Directive 2010-02
(Guidance for Reporting Requirements and Redacting Investigation Reports of Deaths and Fatalities)
John McHugh, Secretary of the Army, March 26, 2010

DD Form 2812
Commander's Preliminary Assessment and Recommendation Regarding Missing Person
November 1999

Wednesday, April 11, 2012

The Fate of Bob Hamza Part 2

Update:

Bob Hamza also known as Bob Hamzy went missing on November 6, 2004. His last known location was Tikrit just after leaving FOB Danger.

There was one ransom call from the 20th Revolutionary Brigade about 10 days after he went missing. Several years later, in 2008, someone claimed he knew where Bob Hamza was and that he had his watch. Unfortunately, that person never returned or responded when asked a proof of life question. There has been no further contact.


...

Since 2003, at minimum, 45 Americans went missing in Iraq. [1]

Of those 45, 19 are believed missing, and of those 19, the names of 8 are unknown, 2 names are known but dates of incident are not. Meanwhile, only 3 individuals are publicly listed at Defense POW/Missing Personnel Office (DPMO).

One of those who went missing in Iraq is Bob Hamza.

List of Missing Americans that appeared
in Army Times in December  2011
In January 2011, a news article on the efforts of the Joint Personnel Recovery Division was accompanied by a photo of a missing person flyer for Iraq.

While the actual text was difficult to read and make out, Bob Hamza was identified as one of the three men shown on the flyer. The other two men were Iraqi Americans, Abbas Kareem Naama abducted on September 27, 2005 and U.S. Army Staff Sgt. Ahmed al-Taie abducted on October 23, 2006, his remains identified February 2012.

Several months later, with an alternative spelling, a New York Times article listed 'Bob Hamze' as a missing American. In December 2011, his name appeared again at Army Times on another list of missing Americans, one provided by Colonel Raymond Steeley who supervised Personnel Recovery Division.

Each time, no further information was provided beyond Hamza's name.

Abu Hamza

A former Iraq contractor recently learned of the mystery surrounding Bob Hamza. The contractor knew Hamza in passing, was quite surprised to learn he is listed as missing and was even more surprised to learn he was an American citizen.

Bob Hamza (or Bob Hamze) was more generally known as Abu Hamza. The honorific title of 'abu' implying he was a father and more than likely had a son. Hamza spoke English well, was friendly and intelligent.

In the fall of 2004, Hamza was working as a vendor for the souvenir market set up at the Morale, Welfare and Recreation Center (MWR) at FOB Danger in Tikrit [2]. FOB Danger was one of the former  Presidential Palaces of Saddam Hussein. The market or bazaar served US personnel stationed at the base, selling cds, dvds, clothes, local souvenirs, and other such items.

Aerial photo of FOB Danger from the Photo Gallery of the 7th Infantry Regiment Association
Incident

On or about November 19, 2004, Hamza left FOB Danger in a vehicle with a man who may have acted as his driver and a woman who worked at the MWR as a masseuse or massage therapist. The woman may have been related to Hamza, quite possibly his wife. There was an impression they may have had ties to the Iraqi Kurdish community.

Some time after leaving the base, the vehicle was stopped by unidentified assailants, they were abducted and killed. It was believed they were targeted by violent religious extremists - 'Jihadis' - because they worked on base.

After the incident, the word around the 'water cooler' was that they were tortured and executed, with evidence of specific mutilation done to their bodies. The mutilation was said to be horrific and clearly intended to convey a message.

The former Iraq contractor remembers the events as having taken place all within a very short period of time, and believes Hamza was murdered the very same day he was abducted. It was generally assumed that Hamza's body was among those recovered.

And yet, Personnel Recovery Division lists Bob Hamza as missing.

SIGACT

Searches of WikiLeaks SIGACT reports [3] do not yield any incident reports for the initial abduction, discovery or recovery of the bodies by US personnel in the appropriate time period. Checking the WITS database [4] and the State Department annual reports for Deaths of Citizens Abroad [5] also comes up empty. Unfortunately, statistical data from the annual reports of the National Counterterrorism Center (NCTC) [6] begins with 2005, a year after Hamza's abduction. Casualties listed at Iraq Body Count returned no results from the appropriate time frame. [7]

It's worth noting that on November 22, 2004, the Joint Coordination Center (JCC) in Tikrit received a graphic and threatening propaganda letter, quoted below in full. [8] Compelling evidence that the threat of violence from religious extremists in Tikrit for someone like Bob Hamza was very real.

Meanwhile, the name of Bob Hamza and the approximate incident date have been added to the table of Americans Missing in Iraq.

Questions

For those who knew him in Iraq, Bob Hamza is believed to be deceased and long buried. So why is Bob Hamza listed on a missing person flyer? News reports indicate he was a US citizen, and yet, for those who remembered him from Iraq, they did not recall Hamza advertising he was an American. Quite possibly he kept quiet for operations security (opsec) reasons. And yet, it's odd that as an American citizen no SIGACT report appears to have been filed on his behalf.

It's possible Bob Hamza shares a fate similar to that of Major Troy Gilbert - authorities know Gilbert is deceased from the partial remains that were found at the crash site where his jet went down. However, the majority of his actual body was taken by hostile parties before it could be recovered by US Personnel. Hence, his 'missing' status.

Was this too the fate of Bob Hamza?

USAF Major Jimmy Smith holds a flyer which includes missing American Bob Hamza, left.
While the caption is difficult to read, it appears to say:
Bob Hamza aka Babi Chadi Abu Hamza Disappeared 17 NOV 04
Source: msnbc.com
Additional Reading

Americans Missing in Iraq - chart with name, incident date, status

Bob Hamza - missing - Part 1
January 23, 2011

Missing Men
August 8, 2011

Search for Iraq-born soldier still ongoing - see side bar chart of missing Americans
By John Ryan, Army Times, December 27, 2011

SIGACT Report

Text of a report citing inflammatory propaganda distributed in the Tikrit area within the same time frame as the abduction and brutal murder of Bob Hamza and his two colleagues. Worth noting references to being a client, palaces, rape, blasphemy or disrespect of God, infidels, and the coming of wrath.

Coincidence or something more?


SIGACT Report
2004-11-22 12:12

AT 1210C, THE AD [Air Defense] ___ JCC RECEIVED THE FOLLOWING ___:

IN THE NAME OF THE MOST MERCIFUL, MOST GRACIOUS (AND THE VICTORY ___ GOD).

TO THE PEOPLE OF ___, AFTER WE HAVE GOTTEN TIRED OF TRYING TO PREVENT YOU FROM COOPERATING WITH THE ___ OCCUPATION; WHICH HAS COME TO RAPE YOUR HONOR, TAKE YOUR WEALTH AND ENSLAVE YOU. THIS HAS HAPPEN BECAUSE OF YOUR YOUR IGNORANCE.

YOU ___ HAS MADE YOU A CLIENT, YOU ARE SO GOOD AT IT NOW. YOU ARE ALMOST PROFESSIONALS AT WHAT YOU DO; JUST LIKE THE BIG AGENCIES AND TRAITORS ALL OVER THE WORLD. YOU SOLD YOUR LAND, HONOR, PRINCIPLES, AND RELIGION.

WE HAVE WARNED YOU BEFORE, YOU DID NOT GIVE UP THE ___, BLASPHEMY, AND DISGRACE. THEREFORE, INSTEAD OF SETTING FIRE UNDERNEATH THE FEET OF THE ___, THE ___ AND INFIDELS...YOU STARTED TO BUILD PALACES, SO THAT THEY ___ DESTROYED BY OUR FIRE. WE ___ WHERE THEY ARE, EVEN IF THEY ARE PROTECTED VERY WELL.

YOU TOO ARE THE TRAITORS AND SPIES, WHO SOLD YOU PRINCIPLES AND RELIGIONS FOR THE PLEASURE OF LIFE. WE ADVISED YOU TO NOT GET CLOSE TO THE ___, YOU DID NOT HEED OUR ADVISE.

THEREFORE, OUR WRATH IS COMING TO YOU. WE ___ NO MERCY ON YOUR OLDEST OR YOUR YOUNGEST. WE ___ HEARTS IN YOUR CHESTS, AND MAKE AN EXAMPLE OF YOU. "AND WE ' ___ THEM, BUT THEY ___ THEMSELVES BY THEMSELVES"

GOD HAS SPOKEN THE TRUTH
Oddly enough, the basis for blasphemy and its punishment (death by stoning) is from the Holiness Code of Leviticus 24:14-24:16 in the Torah or Old Testament. Blasphemy and its punishment are not found in the Qur'an. As a result, in Islam, blasphemy is a sin that has to be declared by a jurist or religious leader.

References

[1] See chart at Americans Missing in Iraq

[2] FOB Danger was handed over to the Iraqi Government in November 2005.

[3] Iraq War Logs - SIGACT reports from WikiLeaks

[4] Worldwide Incidents Tracking System - searchable database of the NCTC

[5] Death of US Citizens Abroad by Non-Natural Causes - sortable database of the US Department of State

[6] NCTC Reports on Terrorism - filed by year

[7] Iraq Body Count - deaths of Iraqi civilians page 245 for November 2004

[8] ACTS OF ___ IVO AD ___: NO INJ/DAMAGE, SIGACT Report, 2004-11-22 12:12

Wednesday, April 04, 2012

Haqi al-Shemary

Came across an Army Times article about Staff Sgt. Ahmed al Taie that was accompanied by a list of missing Americans. Surprised to learn yet another new name - Haqi al-Shemary. No details are known, including date of incident.

Search for Iraq-born soldier still ongoing
By John Ryan, Army Times, December 27, 2011

MISSING AMERICANS

Eleven Americans who went missing in Iraq have not been found, according to Col. Raymond Steeley, who supervised the Personnel Recovery Division there.

They are:

Staff Sgt. Ahmed Altaie
Jeffery Ake
Aban Elias
Abbas Kareem Naama
Neenus Khoshaba
Bob Hamze
Dean Sadek
Timothy Bell
Kirk Von Ackerman
Haqi al-Shemary
Hussain al-Zurufi
So, who is Haqi al-Shemary? Nothing comes up in search queries.

Also included in the article was a mention to those who went missing during the war - which I assume is prior to May 1, 2003 when President Bush announced a formal end to hostilities:
During the Iraq War, 58 Americans and foreign persons of interest were declared missing or captured in Iraq. Army officials did not say how many of them were recovered.
Current count - and still rising - is 45 on the chart of Americans Missing in Iraq. Of those 45, 19 are thought to be missing, 11 names are unknown, 3 names are known but dates of incident are not.

I guess I just don't understand why the United States government isn't more forthcoming about who exactly is missing. Why is that?