A Spanish judge has issued an arrest warrant for three U.S. soldiers for their actions during combat in Iraq.

A Spanish journalist and Ukrainian cameraman were killed in Baghdad when a U.S. tank fired on their hotel during hostilities in April 2003. An investigation by the U.S. military cleared the soldiers of wrongdoing in the deaths. The military has maintained that the soldiers believed they were being fired upon from the hotel.

Reporters who travel into a war zone understand the risks they are taking. The situation is often unpredictable and always dangerous. No military force can guarantee people’s safety when they are near fighting.

At the same time, the U.S. military has not been aggressive in investigating the deaths of journalists at American hands.

That does not, however, extend to a Spanish judge the ability to arrest U.S. soldiers for their actions while in uniform in Iraq. Spain has no jurisdiction there or over U.S. forces. By invading and occupying Iraq, the U.S. has made itself responsible for securing the country and shares the responsibility with the local government for criminal complaints there.

The Spanish judge’s actions reinforce the fears of many that institutions like the International Court of Justice are vulnerable to abuse by foreign governments with a bone to pick against U.S. policies. The move threatens to drive a further wedge between the United States and Europe at a time when cooperation is as important as ever.