CAAF has released its opinion in United States v. Maynulet, which is available here. CAAF rejects a mistake of law challenge to an Army captain’s shooting of a wounded Iraqi soldier. The captain maintained that he interpreted a portion of the ROE briefing indicating that that “unnecessary suffering” should be avoided as permitting a mercy killing. CAAF held that a mistake of law defense is unavailable in this situation and emphasized that the ROE briefing also directed: “Do not engage anyone who has surrendered or is out of battle due to sickness or wounds.”
Judge Baker wrote for a unanimous court.