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First Officer Publicly Resists War
By Marjorie Cohn
Citing "deception and manipulation Ö and willful misconduct by the highest levels of my chain of command," Lt. Watada declared there is "no greater betrayal to the American people" than the Iraq war.
The "turning point" for Lt. Watada came when he "saw the pain and suffering of so many soldiers and their families, and innocent Iraqis." He said, "I best serve my soldiers by speaking out against unlawful orders of the highest levels of my chain of command, and making sure our leaders are held accountable." Lt. Watada felt he "had the obligation to step up and do whatever it takes," even if that means facing court-martial and imprisonment.
Lt. Watada asked me to speak about the legality of the war at his press conference.
I cited the Nuremberg Charter, which set forth the three most serious crimes: crimes against the peace, war crimes, and crimes against humanity. The US Army Field Manual 27-10, art. 28, incorporates the prohibition against these three crimes. The United States is committing a crime against the peace, war crimes, and crimes against humanity in Iraq.
The United States Is Committing a Crime Against the Peace in Iraq
The Nuremberg Tribunal called the waging of aggressive war "essentially an evil thing ... to initiate a war of aggression ... is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."
A war of aggression, prosecuted in violation of international treaties, is a crime against the peace. The war in Iraq violates the Charter of the United Nations, which prohibits the use of force. There are only two exceptions to that prohibition: self-defense and approval by the Security Council. A pre-emptive or preventive war is not allowed under the Charter.
Bush's war in Iraq was not undertaken in self-defense. Iraq had not attacked the US, or any other country, for 12 years. And Saddam Hussein's military capability had been effectively neutered by the Gulf War, 12 years of punishing sanctions, and nearly daily bombing by the US and UK over the "no-fly-zones."
Bush tried mightily to get the Security Council to sanction his war on Iraq. But the Council refused to give its stamp of approval. Bush then cobbled together prior Council resolutions, none of which, individually or collectively, authorized the use of force in Iraq. Although Bush claimed to be enforcing Security Council resolutions, the Charter empowers only the Council to enforce its resolutions.
Moreover, the Constitution gives only Congress, not the President, the authority to declare war. Congress cannot delegate that authority to the President. Even if Congress could delegate the war power to the President, it cannot authorize the President to execute an aggressive war.
The United States Is Committing War Crimes in Iraq
Violations of the laws of war, memorialized in the Hague and Geneva Conventions, constitute war crimes.
All four Geneva Conventions have the same article 3, frequently referred to as Article 3 Common. Its terms apply to everyone, not just prisoners of war. It prohibits violence to life and person, murder, mutilation, cruel treatment, torture, and outrages upon personal dignity, particularly humiliating and degrading treatment. These prohibitions are memorialized in the Army Field Manual 27-10, art. 506. The Pentagon is trying to remove Article 3 Common from the newly revised instructions that go with the Manual. The implication is that the Defense Department intends to treat prisoners inhumanely.
Grave breaches of the Geneva Conventions constitute war crimes, for which individuals can be punished under the US War Crimes Act. Willful killing, torture or inhuman treatment, and willfully causing great suffering or great bodily harm are grave breaches.
The torture and inhuman treatment of prisoners in US custody at Abu Ghraib and elsewhere in Iraq are grave breaches of Geneva, and therefore, war crimes. The execution of unarmed civilians at Haditha and in other Iraqi cities are war crimes.
Commanders in the chain of command, all the way up to the commander in chief, can be prosecuted for war crimes if they knew or should have known their inferiors were committing war crimes and failed to stop or prevent them. However, it is unlikely that Attorney General Alberto Gonzales will charge Bush, Cheney or Rumseld with war crimes.
The United States Is Committing Crimes Against Humanity in Iraq
Inhumane acts against a civilian population are crimes against humanity and violate the Fourth Geneva Convention. The targeting of civilians and failure to protect civilians and civilian objects are crimes against humanity.
The dropping of 2,000-pound bombs in residential areas of Baghdad during "Shock and Awe" were crimes against humanity. The indiscriminate US attack on Fallujah, which was collective punishment in retaliation for the killing of four Blackwater mercenaries, was a crime against humanity. The destruction of hospitals in Fallujah by the US military, its refusal to let doctors treat patients, and shooting into ambulances were crimes against humanity. Declaring Fallujah a "weapons-free" zone, with orders to shoot anything that moved, was a crime against humanity.
Supreme Court Justice Robert Jackson was the chief prosecutor at the Nuremberg Tribunal. He wrote: "No political or economic situation can justify the crime of aggression. If certain acts in violation of treaties are crimes they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."
The Uniform Code of Military Justice, in articles 90-92, sets forth the duty of military personnel to obey lawful commands. The Nuremberg Principles, which are part of US law, provide that all military personnel have the obligation not to obey illegal orders. The Army Field Manual 27-10, sec. 609 and UCMJ, art. 92, incorporate this principle. Article 92 says: "A general order or regulation is lawful unless it is contrary to the Constitution, the law of the United States Ö"
The Bush administration is committing crimes against the peace, war crimes and crimes against humanity in Iraq. Lieutenant Ehren Watada is correct when he says this is an illegal war. I salute his courage.
First Officer Publicly Resisting War Gains National Support
By Sarah Olson
Thursday 08 June 2006
When 27-year-old US Army First Lieutenant Ehren Watada announced his refusal to deploy to Iraq yesterday, he did so surrounded by veterans, military family members, and members of the religious and anti-war communities. News of Watada's intent to refuse his orders to deploy to Iraq has galvanized anti-war communities around the country, many of which are already calling for a series of demonstrations in support of Watada's actions. And others they hope will be inspired to refuse deployment to Iraq as well.
At a press conference in Tacoma, Washington, Watada announced his view that the war in Iraq is immoral and illegal, and his intent was to refuse to deploy to fight that war. Watada said, "It is my duty as a commissioned officer of the United States Army to speak out against grave injustices. I stand before you today because it is my job to serve and protect soldiers, the American people and innocent Iraqis with no voice." Watada went on to say that his participation in the Iraq war would make him party to grave moral injustice and war crimes.
While Watada may face a court martial for his decision to refuse to deploy to Iraq, he has also received significant support from veterans' organizations. Members of Iraq Veterans Against the War, the War Resisters League, and many chapters of Veterans for Peace have all come to Watada's defense.
Ann Wright is a retired US Army colonel and US diplomat who resigned her position in 2003 in protest of the war in Iraq. She says that after spending 29 years in the military she understands how significant it is for an officer to disobey not just his direct orders, but also everything he has been trained to do. Wright says the entire military establishment is based on order and discipline, and for an officer to defy this system based on his personal beliefs takes an enormous amount of bravery. But she also says it's important for Watada, as a Lieutenant, to speak publicly. "People need to know there are these brave young men and women who are standing up and who are willing to go to jail because of what they believe." She says people in the US must understand that the military isn't united in its support for the war in Iraq.
Camilo Mejia is an Iraq war veteran who spent more than 7 years in the Army. When his conscientious objector status was denied in 2004, he spent nearly a year in prison rather than return to Iraq. He says Watada's public stand is admirable and should be commended. "The Pentagon recently reported 8,000 cases of desertion. These are people in the military who are saying 'no' to their units and the war, but where are they? It takes a special kind of individual to break the silence and risk all for a bigger cause."
Mejia hopes Lieutenant Watada's stand inspires others to refuse their orders as well. "It's going to take regular people to realize that they don't have to be in the army and refuse orders to make a difference," Mejia said. "The stance Ehren is taking is inspiring, but others need to take more responsibility and realize that they have power, too, and then they have to use that power."
Members of religious communities have long opposed the war in Iraq on moral grounds. Jim Davis is a United Methodist minister who attended Watada's press conference yesterday to support his stand. Davis says the war in Iraq violates traditional Christian just-war principles and is an ongoing moral issue for all Christian citizens in the United States. Davis calls on people around the country to support Lieutenant Watada.
Davis wanted Watada to know that religious communities, "Stand with you today in support of your act of conscience as you have sought to do that which is right. We solute you for your courage to take a moral stance. We salute you for your compassion for soldiers and families affected by this war and for your call to bring the troops home."
While Watada is making a very personal stand against the war, his family is supporting him through his decision. Robert Watada told the Honolulu Advertiser, "My son has a great deal of courage, and clearly understands what is right, and what is wrong. He's choosing to do the right thing, which is a hard course."
Loren Watada is Ehren's older brother. He traveled to Washington state Wednesday to support his brother during his press conference in Tacoma. He says he respects his brother's actions and is behind him one hundred percent. He fails to see the crime that he is committing. "What crime has he committed? They're talking about incarcerating him in prison, but he's not a criminal. There is no crime he has committed against our society or our country. He's standing by his beliefs and saying that the war is an illegal war. To me, that's not a crime."
Anti-war organizations have launched a campaign to thank Lieutenant Watada for his actions and to stand with him in his resistance to what he says is an immoral and illegal war. David Solnit, a long-time organizer in the peace movement said, "There is an umbrella of his family and friends that supports these courageous actions to support our troops, the American people and US international law." Many in the anti-war movement see this as a much needed inspiration to those who feel that nothing can be done to stop the Iraq war.
Family and friends of Lieutenant Watada have launched a national campaign to support his actions and to encourage other military personnel to do the same. Anti-war activists are planning coordinated national actions set to begin at the end of June in support of Watada's anticipated refusal to deploy to Iraq. For more information, visit the web site: http://www.thankyoult.org.
Open Letter From Mother of Lt. Ehren Watada, Resister of Illegal War
By Carolyn Ho
Thursday 22 June 2006
I am the mother of Lt. Ehren Watada, an officer stationed at Ft. Lewis. He is part of a Stryker brigade unit that deployed today to Iraq. Despite an unflinching commitment to his men and to democratic ideals, he chose not to accompany his men. His decision came through much soul-searching and through research and consultation with experts across disciplines, inside and outside of the military and the government.
After weighing the evidence, he came to the conclusion that he could no longer be silent while atrocities were committed in the name of democracy. He could no longer be a tool of an administration that used deception and lies to make the case for pre-emptive war.
As a member of the armed forces, sworn to uphold the US Constitution, he refuses to blindly participate in a war of aggression, an illegal war that undermines who we are as a nation and violates international law. Implicit in his oath as an officer is the duty to disobey all unlawful orders, for to carry out these orders renders him an accomplice to a criminal act. Furthermore, to order his men to participate in a war of aggression multiplies his guilt a thousandfold. His conscience will not permit him to do so. He believes that he can best serve them by taking a stand against the war. In so doing, he demonstrates that one does not relinquish the freedom to choose what is right, even in the military, and that the freedom to choose what is right transcends the allegiance to man and institutions.
As a mother, I have evolved from fearing for his safety and for his future to the realization that there is a higher purpose to all that has transpired. My son no longer stands at the crossroads. He has chosen "the road less traveled." Come what may, he is committed to staying the course.
I invite you to affirm your support of Lt. Ehren Watada on June 27th, National Day of Action. On this day, groups across the country will participate in peaceful demonstrations, prayer services, candlelight vigils, parades, leafleting, visitations to recruitment stations to provide counsel to prospective recruits, etc. Please contact your local organization for details.
For updates on news and actions regarding Lt. Watada, please check out: www.thankyoult.org or www.couragetoresist.org.
My deepest thanks,
Statement in Support of First Lieutenant Ehren Watada
By Debbie Clark
Thursday 29 June 2006
Delivered at a press conference at the King Center, Atlanta, Georgia, June 27, 2006.
It is my great honor and duty to be here today to share with others my support for the action of First Lieutenant Ehren Watada in disobeying an unlawful order to serve in a war that is both immoral and illegal, as well as to show my support for all military service members and their families who are now resisting this war.
Lt. Watada's refusal to obey orders to deploy to Iraq with his unit was not made lightly. It came about through much soul-searching and research that led him to the irreversible conclusion that to participate in this unlawful war of aggression would make him an accomplice to a criminal act.
Lt. Watada is the first commissioned officer to refuse orders to Iraq and is also the first soldier to do so who is not a conscientious objector. His decision is based on legal grounds as well as moral, with the recognition that a soldier has not only the duty to obey all lawful orders, but also the moral and legal obligation to disobey any unlawful order.
Lt. Watada's mother described her son as having "an unflinching commitment to his men and to democratic ideals" and said that he believes that he can best serve them by taking a stand against the war.
"In so doing," she said, "he demonstrates that one does not relinquish the freedom to choose what is right, even in the military, and that the freedom to choose what is right transcends the allegiance to man and institutions."
Lt. Watada is doing the right thing. As a US Army veteran myself of eight years' active duty, with five years in the military police and three years as a special agent in the US Army Criminal Investigation Command, and as a former soldier who remembers very well being explicitly trained by the Army that it is the duty of a soldier to disobey any unlawful order and to comply with the Geneva Convention, I honor Lt. Watada for the courage to be true to his conscience and true to his oath of office as a commissioned officer to support and defend the Constitution and bear true faith and allegiance to the same.
Refusing to participate in an unjust and illegal war is an act of conscience that is also an affirmation of the rule of law. No soldier owes absolute allegiance to any military system. The legal authority of military command is grounded in the rule of law, which is based on the Constitution and the Uniform Code of Military Justice.
The Constitution has requirements for what branch of government has the power to declare war and for what purpose - which is specified as being for the defense of the United States - and also makes any treaties adopted by the United States the law of the land.
There is a point at which one's conscience and understanding of the US Constitution, the United Nations Charter, the Nuremberg Principles, and the Geneva Conventions require an individual to make the conscious decision to obey or not to obey what he believes to be an unlawful order.
With great courage, Lt. Watada made that decision.
There is one veteran who was not able to be here today to show his support for Lt. Watada, but who would have liked to. He is a veteran of Operation Desert Shield and Desert Storm, now retired, US Air Force Major Kelley G. Culver, of Augusta, Georgia.
Major Culver has provided a statement in support of Lt. Watada, which I will relay on his behalf:
The true purpose of this war was obvious. The US had been a supporter of Saddam Hussein's government in the years prior to the war, and had previously turned a blind eye to Hussein's activities. Suddenly in 1990, the United States was outraged at his actions. We went to war on a tapestry of lies.
The current war in Iraq was also started on a tapestry of lies. Neither the situation in 1990 nor the situation today justifies the loss of American military men and women.
In 1990, I opposed the war in the Persian Gulf, but I deployed and served in spite of my objections. My reasons, simply put, were that I had a career at stake. To refuse to deploy would have ended that career. I was not willing to pay that price.
Today, we assemble in support of Lt. Ehren Watada, who, realizing the illegal nature of the war in Iraq, has chosen to do what I could not do 16 years ago. People will call him a coward for his actions, but I can assure you, this is the action of a brave man.
Today I add my support to the cause of Lt. Watada and I thank him for taking the stand that I was unable to take myself.
- Kelley G. Culver, Major, USAF (Retired)
Conduct Unbecoming
By Cindy Sheehan
I don't know Lt. Ehren Wataba, but I know his mother, and spoke at length with her back in May in Hawaii about how Ehren morally did not want to go to Iraq and how he was being harassed by other members of his unit for his beliefs that the war in Iraq was wrong and that he didn't want to kill innocent people for BushCo.
Ehren tried everything he could within regulations and legal means to be excused from going over to the war crime in Iraq and becoming a war criminal himself; nothing worked, so he refused to be deployed with his unit.
Today he was charged with missing movement, contempt towards officials and conduct unbecoming an officer and a gentleman. Conduct unbecoming an officer and a gentleman! Are they kidding me? Are they kidding the world and hiding behind an ancient code while they are pretending that anything about Iraq or our government is "gentlemanly?"
How about looking at the Commander in Chief of our armed forces, George Bush, for one? George Bush is a dry drunk who runs our country like he ran all of his failed businesses - with an attitude that if he screws up, his daddy, or his daddy's friends, will bail him out. He has already said that the problem of Iraq will be solved by "future presidents" which absolves and excuses him from cleaning up the murderous mess that he has made.
George Bush and his daddy used their contacts to get him a spot in the Texas Air National Guard during Vietnam. When he was transferred to the Alabama Air National Guard he never showed up to complete his military commitment to the United States. Now I have no problem with Georgie, or "I had other priorities" five-deferment Dicky, getting out of going to the war crime in Vietnam, but to grow up and strong arm your way into the CIA to fix intelligence and to deceive a country and play on its fears to lead us into another war crime is inexcusable and cowardly.
To also underscore what a "gentleman" our president is, when he was asked about meeting with me when we were camped outside of his ranch, within spittin' distance, he said that he "had to get on with his life." How nice that George is able to get on with his life! Wish I had that option. It's so nice that George can "get on with his life" when he has sent so many off to lose theirs and steal the lives of others. George can be very flippant about it because he has no flesh and blood in harm's way and he never attends any funerals or allows any pictures of flag-draped coffins to offend his sensibilities so he can get on with his life bike riding or destroying the world.
Donald "you go to war with the army you have, not the army you want" and he of the famous machine-signed condolence letters Rumsfeld is Lt. Wataba's civilian leader in the Pentagon. Donny has constantly and consistently ignored advice for more troops from generals in the field and we can be sure that when he makes his unannounced visits to Iraq he travels in heavily armored vehicles and is far better protected than our troops, even when he moves about DC. I have an idea! How about not sending our young people off to fight, die and kill innocents in an illegal and immoral war whether they are prepared or not!
We have already mentioned "5 Deferment Dick" and his Doctrine of the Insurgency Last Throes - what more can be said of the ungentlemanly conduct of our nation's shadow president? How about when he told Sen. Patrick Leahy of Vermont to go and "f**k" himself on the Senate floor? How about mistaking your best friend for a dove and shooting him in the face while allegedly intoxicated and waiting until 24 hours to report it so there would be no evidence of the intoxication? How about the coincidence of the company that he used to run being awarded billions of no-bid contracts in the Iraq war crime? Just his ever present sneer with the raising of one eyebrow as if he is incessantly smelling something awful is distinctly ungentlemanly!
There are so many examples of Ungentlemanly Conduct in BushCo that the examples could fill pages and pages. How about allowing the people of New Orleans to hang off their houses while George plays guitar and eats birthday cake with John McCain? How about when Press Secretary Tony Snow was asked about the unnecessary and tragic number of 2500 when that casualty number was reached and he said, "It is only a number." How about all of the administration lying about mushroom clouds and terrorism in Iraq with colored pie charts and pointing sticks? The list goes on. The list goes on.
Everyone, male or female, in the Bush Regime should be charged with Ungentlemanly Conduct which is Article 133 of the Uniform Code of Military Justice (UCMJ). Lt. Wataba should be set free and allowed to carry on with his life because it is also in the UCMJ that a soldier has a duty to disobey an unlawful order, and from our own Constitution to international law, everything about Iraq is unlawful (UCMJ ART. 90-920).
Lt. Wataba also took an oath to defend our country from all enemies "foreign and domestic" and one doesn't have to cross any international borders to find the enemies of freedom and of life that we all have to be defended from.
Thank you, from the bottom of my heart, Lt. Ehren Wataba, for doing your duty.
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Yesterday, US Army First Lieutenant Ehren Watada became the first officer to publicly state his refusal to obey an order to deploy to Iraq. Lieutenant Watada said at a press conference in Tacoma, Washington, that "The war in Iraq is in fact illegal. It is my obligation and my duty to refuse any orders to participate in this war." He stated, "An order to take part in an illegal war is unlawful in itself. So my obligation is not to follow the order to go to Iraq."