Who is really responsible?

The BBC is reporting that the military's investigation of a Marine rampage in Iraq is almost concluded. The real question here is who can be to blame? The Marines involved could face murder charges in addition to the more martial charges of dereliction of duty and dishonorable actions, but why? Obviously, their actions are intolerable, but why is it that the institution that trained them to kill and conditioned their disregard for human life thinks it is justified in punishing the individuals responsible and not punishing the institution itself. The Foucaultian concept of "man as machine" should absolve them of individual responsibility for their actions, because their ethics were intentionally redefined in order allow them to commit such acts. The scapegoating of US soldiers in the interest of diplomacy does not have any utility. These acts will not be prevented by punishing individuals when they are essentially unable to distinguish right from wrong due to the muddling of morality present in war-time circumstances. I don't have an answer for this. I think the soldiers should be charged with murder and punished, but allowing the US government to try them is still an act of injustice. The US government needs to be held responsible for their actions as well. There needs to be a way to distinguish the degrees of accountability at all levels of the heierarchy, and hold each level accountable for its autonomous actions and pass off accountability due to indistinct orders and ethics to the next higher level. If we were to follow this model, the trials for torture at Abu Ghraib, intelligence leaks from Scooter Libby and this situation would all end up indicting the neoliberal regime for encouraging a criminal militant state. Current methods are inherently undemocratic and sorely inadequate.