A Duty to Disobey All Unlawful Orders
An Advisory to US Troops
by LAWRENCE MOSQUEDA
DOMESTIC
AND INTERNATIONAL LAW
As the United States government under George Bush
gets closer to attacking the people of Iraq, there are several things that the
men and women of the U.S. armed forces need to know and bear in mind as they
are given orders from the Bush administration. This information is provided for
the use of the members of the armed forces, their families, friends and
supporters, and all who are concerned about the current direction of U.S.
policy toward Iraq.
The military oath taken at the time of
induction reads:
"I,____________,
do solemnly swear (or affirm) that I will support and defend the Constitution
of the United States against all enemies, foreign and domestic; that I will
bear true faith and allegiance to the same; and that I will obey the orders of
the President of the United States and the orders of the officers appointed
over me, according to the regulations and the Uniform Code of Military Justice.
So help me God"
The Uniform Code of Military Justice
(UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the
"lawful command of his superior officer," 891.ART.91 (2), the
"lawful order of a warrant officer", 892.ART.92 (1) the "lawful
general order", 892.ART.92 (2) "lawful order". In each case,
military personnel have an obligation and a duty to only obey Lawful orders and
indeed have an obligation to disobey Unlawful orders, including orders by the
president that do not comply with the UCMJ. The moral and legal obligation is
to the U.S. Constitution and not to those who would issue unlawful orders,
especially if those orders are in direct violation of the Constitution and the
UCMJ.
During the Iran-Contra hearings of 1987,
Senator Daniel Inouye of Hawaii, a decorated World War II veteran and hero,
told Lt. Col. Oliver North that North was breaking his oath when he blindly
followed the commands of Ronald Reagan. As Inouye stated, "The uniform
code makes it abundantly clear that it must be the Lawful orders of a superior
officer. In fact it says, 'Members of the military have an obligation to
disobey unlawful orders.' This principle was considered so important that
we-we, the government of the United States, proposed that it be internationally
applied in the Nuremberg trials." (Bill Moyers, "The Secret
Government", Seven Locks Press; also in the PBS 1987 documentary,
"The Secret Government: The Constitution in Crisis")
Senator Inouye was referring to the
Nuremberg trials in the post WW II era, when the U.S. tried Nazi war criminals
and did not allow them to use the reason or excuse that they were only
"following orders" as a defense for their war crimes which resulted
in the deaths of millions of innocent men, women, and children. "In 1953,
the Department of Defense adopted the principles of the Nuremberg Code as
official policy" of the United States. (Hasting Center Report, March-April
1991)
Over the past year there have been
literally thousands of articles written about the impact of the coming war with
Iraq. Many are based on politics and the wisdom of engaging in an international
war against a country that has not attacked the U.S. and the legality of
engaging in what Bush and Rumsfield call "preemptive war." World
opinion at the highest levels, and among the general population, is that a U.S.
first strike on Iraq would be wrong, both politically and morally. There is
also considerable evidence that Bush's plans are fundamentally illegal, from
both an international and domestic perspective. If the war is indeed illegal,
members of the armed forces have a legal and moral obligation to resist illegal
orders, according to their oath of induction.
The evidence from an international
perspective is overwhelming. The United States Constitution makes treaties that
are signed by the government equivalent to the "law of the land"
itself, Article VI, para. 2. Among the international laws and treaties that a
U.S. pre-emptive attack on Iraq may violate are: · The Hague Convention on Land
Warfare of 1899, which was reaffirmed by the U.S. at the 1946 Nuremberg
International Military Tribunals; · Resolution on the Non-Use of Nuclear
Weapons and Prevention of Nuclear War, adopted UN General Assembly, Dec 12,
1980; · Convention on the Prevention and Punishment of the Crime of Genocide;
December 9, 1948, Adopted by Resolution 260 (III) A of the UN General Assembly;
· Geneva Convention relative to the Protection of Civilian Persons in Time of
War, Adopted on August 12, 1949 by the Diplomatic Conference for the
Establishment of International Conventions for the Protection of Victims of
War; · Convention on the Prohibition of Military or any Other Hostile Use of
Environmental Modification Techniques, 1108 U.N.T.S. 151, Oct. 5, 1978; · The
Charter of the United Nations; · The Nuremberg Principles, which define as a
crime against peace, "planning, preparation, initiation or waging of a war
of aggression, or a war in violation of international treaties, agreements, or
assurances, or participation in a common plan or conspiracy for accomplishment
of any of the forgoing." (For many of these treaties and others, see the
Yale Avalon project at www.yale.edu/lawweb/avalon/imt/imt.htm.
Also see a letter to Canadian soldiers sent by Hamilton Action for Social
Change at http://www.hwcn.org/link/hasc/letter_cf.html)
As Hamilton Action for Social Change has
noted "Under the Nuremberg Principles, you have an obligation NOT to
follow the orders of leaders who are preparing crimes against peace and crimes
against humanity. We are all bound by what U.S. Chief Prosecutor Robert K.
Jackson declared in 1948: [T]he very essence of the [Nuremberg] Charter is that
individuals have intentional duties which transcend the national obligations of
obedience imposed by the individual state." At the Tokyo War Crimes trial,
it was further declared "[A]nyone with knowledge of illegal activity and
an opportunity to do something about it is a potential criminal under
international law unless the person takes affirmative measures to prevent
commission of the crimes."
The outcry about the coming war with Iraq
is also overwhelming from legal experts who have studied this in great detail.
By November of 2002, 315 law professors
had signed a statement entitled "A US War Against Iraq Will
Violate US and International Law and Set a Dangerous Precedent for Violence
That Will Endanger the American People."
Other legal organizations such as the
Lawyers' Committee on Nuclear Policy and the Western States Legal Foundation
have written more extensive reports, such as that by Andrew Lichterman and John
Burroughs on "War is Not the Path to Peace; The United States, Iraq, and
the Need for Stronger International Legal Standards to Prevent War." As
the report indicates "Aggressive war is one of the most serious
transgressions of international law." In fact, at the Nuremberg trials,
the issue was not just individual or collective acts of atrocities or brutal
actions but the starting of an aggressive war itself. U.S. Supreme Court
Justice Robert L. Jackson stated,
"We must make clear to the Germans
that the wrong for which their fallen leaders are on trial is not that they
lost the war, but that they started it. And we must not allow ourselves to be
drawn into a trial of the causes of the war, for our position is that no
grievances or policies will justify resort to aggressive war. It is utterly
renounced and condemned as an instrument of policy." (August 12, 1945, Department of State Bulletin.
)
In another report written by the same
authors and also by Michael Ratner, President of the Center for Constitutional
Rights, New York, and Jules Lobel, Professor of Law at the University of
Pittsburgh entitled "The United Nations Charter and the Use of Force
Against Iraq," the authors note that:
"Under
the UN Charter, there are only two circumstances in which the use of force is
permissible: in collective or individual self-defense against an actual or
imminent armed attack: and when the Security Council has directed or authorized
use of force to maintain or restore international peace and security. Neither
of those circumstances now exists. Absent one of them, U.S. use of force
against Iraq is unlawful."
The authors were specifically referring to
Article 51 of the UN Charter on the right to self-defense. Nothing that Iraq
has done would call that provision into effect. The report also states that:
"There
is no basis in international law for dramatically expanding the concept of
self-defense, as advocated in the Bush Administration's September, 2002
"National Security Strategy" to authorize "preemptive"--really
preventive--strikes against states based on potential threats arising from
possession or development of chemical, biological, or nuclear weapons and links
to terrorism. Such an expansion would destabilize the present system of UN Charter
restraints on the use of force. Further, there is no claim or publicly
disclosed evidence that Iraq is supplying weapons of mass destruction to
terrorist.
The Bush administration's reliance on the
need for "regime change" in Iraq as a basis for use of force is
barred by Article 2(4) of the UN Charter, which prohibits "the threat or
use of force against the territorial integrity or political independence of any
state." Thus the rationales being given to the world, the American public,
and the armed forces are illegal on their face. (For a copy of this report see www.lcnp.org/global/iraqstatement3.htm)
It is important to note that none of the
authors cited thus far or to be cited have any support for Saddam Hussein or
the Government of Iraq whatsoever. They and others who do not support an
illegal war in Iraq believe that government of Saddam Hussein is corrupt, vile,
and contemptible. So is the leadership and governments of many of our
"allies," such as Saudi Arabia and Pakistan-governments that the
United States may very well attack within the next decade. It is important to
remember that Saddam Hussein was an important "ally" during the 1980s
and that many of the weapons that may be faced by our armed forces will bear a
"Made in the USA" label. The issue here is not the "evil' of
Saddam Hussein, nor the international community doing nothing, but an illegal
march to war by the Bush administration.
Even former House Majority Leader Dick
Armey, a very conservative Republican from Texas, has warned that an
"unprovoked attack against Iraq would violate international law and
undermine world support for President Bush's goal of ousting Saddam
Hussein." Armey explicitly states "If we try to act against Saddam Hussein,
as obnoxious as he is, without proper provocation, we will not have the support
of other nation states who might do so. I don't believe that America will
justifiably make an unprovoked attack on another nation. It would not be
consistent with what we have been as a nation or what we should be as a
nation." (Chicago
Tribune, August 9, 2002, available at
Other articles demonstrating the illegality of this
war can be found at here.
In addition to the violations of
international laws, which have been incorporated into U.S. law, the impending
attack on Iraq is a direct violation of national law as Bush claims that he has
the authority to decide whether the U.S. will go to war or not. The U.S.
Constitution is very explicit on this point. Only the Congress has the
authority to declare war, Article 1, section 8, Par. 11. Congress does not have
the right to give that power away, or to delegate that power to the president
or anyone else. The President as the "Commander in Chief" (Article 2,
section 2, Par. 1) can command the armed forces in times of peace and war, but
he does not have the authority to declare the war or determine if that war is
to occur, especially if he is engaged in illegal conduct in violation of the
Constitution itself or his oath of office. The Constitution spells out very
clearly the responsibility of the President and his oath, "I do solemnly
swear (or affirm) that I will faithfully execute the office of President of the
United States, and will to the best of my ability, preserve, protect and defend
the Constitution of the United States." (Article 2, section 2, Par. 8).
The President also has the primary duty to make sure "that the laws be
faithfully executed," (Article 2, section 3).
The vaguely worded resolution passed by
the Congress in October was both illegal and an act of cowardice, as noted by
Senator Robert Byrd of West Virginia. Byrd's remarks were made on the floor of
the Senate on October 3, 2002. In part he said:
"The
resolution before us today is not only a product of haste; it is also a product
of presidential hubris. This resolution is breathtaking in its scope. It
redefines the nature of defense, and reinterprets the Constitution to suit the
will of the Executive Branch. It would give the President blanket authority to
launch a unilateral preemptive attack on a sovereign nation that is perceived
to be a threat to the United States. This is an unprecedented and unfounded
interpretation of the President's authority under the Constitution, not to
mention the fact that it stands the charter of the United Nations on its
head."
The full texts of his remarks are well worth
reading, not only on the
illegality of the war but also the illegality of Congress in abandoning its
duty under the Constitution.
MORAL
CODES AND LAWS
The United States is a secular country
with a great variety of religions, which are adhered to by the majority of the
people. Political leaders who claim to speak in the name of God are rightfully
looked upon with suspicion, whether they are foreign leaders or the president
of the United States. This is especially true when the issues are those of war
and peace. Nevertheless, the U.S. often blends the border on issues of Church
and State, including in public oaths, such as the oath which is taken at the time
of induction. This author will not claim to know the will of God, but it is
valuable to examine what the religious leaders of the country are saying about
this war. Virtually every major religion in the United States has come out
against the Bush plans for war. Again this is not because of any support for
Saddam Hussein, but rather the Bush plans do not meet any criteria for the
concept of "just war." One would expect this from the religions that
are respected and pacifist, but it also true from those who have supported past
U.S. wars, and even have Chaplains in the service. Below is a sample of the
analysis of U.S. religious leaders:
Catholic
We respectfully urge you to step back from
the brink of war and help lead the world to act together to fashion an
effective global response to Iraq's threats that conforms with traditional
moral limits on the use of military force. US Conference of Catholic Bishops,
Letter to President Bush, Sept. 13, 2002.
Episcopalian
The question for us now must be: what is
our role in the community of nations? I believe we have the capacity within us
to help lead our world into the way of justness and peace. The freedoms we
enjoy as citizens of the United States oblige us to attend not only to our own
welfare, but to the well-being of the world around us. A superpower, especially
one that declares itself to be "under God," must exercise the role of
super servant. Our nation has an opportunity to reflect the values and ideals
that we espouse by focusing upon issues of poverty, disease and despair, not
only within our own nation but throughout the global community of which we are
a part. The Presiding Bishop's statement on military action against Iraq,
September 6, 2002.
Jewish International cooperation is far,
far better than unilateral action, and the U.S. must explore all reasonable
means of attaining such support. Non-military action is always preferable to
military action, and the U.S. must fully explore all options to resolve the
situation through such means. If the effort to obtain international cooperation
and support through the United Nations fails, the U.S. must work with other
nations to obtain cooperation in any military action. Union of American Hebrew
Congregations, Executive Committee Decision on Unilateral Action by the U.S.
Against Iraq.
Lutheran
While we are fully aware of the potential
threat posed by the government of Iraq and its leader, I believe it is wrong
for the United States to seek to over-throw the regime of Saddam Hussein with
military action. Morally, I oppose it because I know a war with Iraq will have
great consequences for the people of Iraq, who have already suffered through
years of war and economic sanctions. Further, I believe it is detrimental to
U.S. interests to take unilateral military action when there is strong
international support for weapons inspections, and when most other governments
oppose military action. I also believe that U.S. military action at this time
will further destabilize the region. I call upon members of our congregations to
be fervent in prayer, engaged in conversation with one another and with our
leaders. In the final analysis, we must stand unequivocally for peace. ELCA
Presiding Bishop Mark S. Hanson's Statement on Iraq Situation, August 30, 2002.
Methodist United Methodists have a
particular duty to speak out against an unprovoked attack. President Bush and
Vice-President Cheney are members of our denomination. Our silence now could be
interpreted as tacit approval of war. Christ came to break old cycles of
revenge and violence. Too often, we have said we worship and follow Jesus but
have failed to change our ways. Jesus proved on the cross the failure of
state-sponsored revenge. It is inconceivable that Jesus Christ, our Lord and
Savior and the Prince of Peace, would support this proposed attack. Secretary
Jim Winkler of The United Methodist Church General Board of Church and Society,
August 30, 2002.
Presbyterian
We urge Presbyterians to oppose a
precipitate U.S. attack on Iraq and the Bush administration's new doctrine of
pre-emptive military action. We call upon President George W. Bush and other
leaders to: Refrain from language that seems to label certain individuals and
nations as "evil" and others as "good"; Oppose ethnic and
religious stereotyping, Guard against a unilateralism, rooted in our unique
position of political, economic and military power, that perpetuates the
perception that "might makes right"; Allow United Nations weapons
inspections in Iraq, without undue pressure or threats of pre-emptive,
unilateral action; and End the economic sanctions against Iraq, which have been
ineffectual but have done untold damage to the Iraqi people. The General
Assembly Council and the staff leadership team of the Presbyterian Church
(USA), September 28, 2002.
United Church of Christ With heavy hearts
we hear once again the drumbeat of war against Iraq. As leaders committed to
God's reign of justice and peace in the world and to the just conduct of our
nation, we firmly oppose this advance to war. While Iraq's weapons potential is
uncertain, the death that would be inflicted on all sides in a war is certain.
Striking against Iraq now will not serve to prevent terrorism or defend our
nation's interests. We fear that war would only provoke greater regional
instability and lead to the mass destruction it is intended to prevent. UCC
leaders, September 13, 2002.
Ecumenical As Christians, we are concerned
by the likely human costs of war with Iraq, particularly for civilians. We are
unconvinced that the gain for humanity would be proportionate to the loss.
Neither are we convinced that it has been publicly demonstrated that all
reasonable alternative means of containing Iraq's development of weapons of
mass destruction have been exhausted. We call upon our governments to pursue
these diplomatic means in active cooperation with the United Nations and to
stop the apparent rush to war. World Council of Churches, August 30, 2002.
For a fuller elaboration of these and
other comments from religious leaders, such as by the Mennonites, Quakers
(Society of Friends), Unitarian Universalist, and other ecumenical groups see
www.ecapc.org. Other religious and moral objections to Bush's plans have been
articulated. In September of 2002, 100 Christian Ethicists from major
seminaries, divinity schools, and traditionally conservative religious schools
challenged the claim that preemptive war on Iraq would be morally justified in
a simply worded statement, "As Christian ethicists, we share a common
moral presumption against a pre-emptive war on Iraq by the United States."
(See the Chronicle
of Higher Education, September 23, 2002,)
Religious resistance to Bush's war plans
can also be found in the overwhelming vote of
228-14 by the U.S. Catholic Bishops against the war and in the
unprecedented show of unity by Chicago's top Christian, Jewish, and Muslim
leaders in the first public statement on any national issue of the Council of
Religious Leaders of Metropolitan Chicago in opposing Bush's war. (Seattle
Post-Intelligencer, December 1, 2002)
It is noteworthy that the Pope John Paul
II has come out very strongly against this war in unambiguous terms, "No
to war!" The Pope said during his annual address to scores of diplomatic
emissaries to the Vatican, an exhortation that referred in part to Iraq, a
country he mentioned twice. "War is not always inevitable. It is always a
defeat for humanity." (NY Times, January 14, 2003). The Pope, a seasoned
diplomat, was not just making a moral statement about peace; he referred to the
legal codes discussed earlier in this article, "War is never just another
means that one can choose to employ for settling differences between nations.
As the Charter of the United Nations organization and international law itself
reminds us, war cannot be decided upon, even when it is a matter of ensuring
the common good, except as the very last option and in accordance with very
strict conditions, without ignoring the consequences for the civilian
population both during and after the military operations." (See Irish
Examiner, 1/13/2003)
It is also important to restate that the
head of Bush's own church has come out against this war. Jim Winkler, the
general secretary of the Board of Church and Society for the United Methodist
Church has come out very strongly against this war. President Bush has refused
to meet with Winkler.
"The Methodist Church, he (Winkler)
says, is not pacifist, but 'rejects war as a usual means of national policy'.
Methodist scriptural doctrine, he added, specifies 'war as a last resort,
primarily a defensive thing. And so far as I know, Saddam Hussein has not
mobilized military forces along the borders of the United States, nor along his
own border to invade a neighboring country, nor have any of these countries
pleaded for our assistance, nor does he have weapons of mass destruction
targeted at the United States'." (See Observer/UK, October
20, 2002)
Individual will have to make their own
decisions about the "morality" of the war but the consensus decision
that has been developing among religious leaders is that this war does not
constitute a "just war" by virtually anyone's standards. The concept
of "sin" is also a personal decision but again those who study these
issues from the Pope to theologians to pastors to other religious leaders do
not and cannot give their approval to the illegal actions that the Bush administration
are going to impose on the world in general, and people of Iraq and the men and
women of the U.S. armed forces in particular.
REASONS FOR THE WAR
AND POSSIBLE ACTIONS
The reasons for war are not supposed to be
the purview of soldiers in the field. They are just supposed to follow orders.
But when a war is so blatantly illegal soldiers need to have some background to
make an informed decision about how to conduct themselves. In a short space it
is not possible to delineate the full reasons, but it is not about the dangers
of Saddam Hussein. As indicated above, there are no credible anti-war or peace
advocates that advocate any positive statements about Saddam Hussein or the
Government of Iraq. The world, however, in general, does not believe that the
Bush administration has any solution to the situation. In fact many believe
that Bush, himself, is a significant part of the problem.
Many people have pointed out that this war
is about the oil. It is, but it is much more than that. The United States does
not need the oil to survive but the people in the Bush administration want to
expand the hegemony that the United States government has had since the
collapse of the Soviet Union. This is not a critique of U.S. foreign policy,
per se, but a recognition of reality. This is essentially what Bush has been
saying in his public speeches at West Point, etc., and is very explicitly
saying in his "National
Security Strategy (NSS), which he published in September of 2002.
The NSS is the political articulation of
what the main actors of the Bush administration published in September 2000,
before the elections, before they took power, and before the fateful day of
September 11, 2001. That project was called "Rebuilding
America's Defenses: Strategy, Forces and Resources for a New Century",
A Report of The Project For the New American Century. These documents are
essentially the blueprints for hegemony and for a word that has come back into
vogue- Empire. These documents are publicly available, but not often read. All
Americans and all members of the armed forces should read them. Many of the
people quoted in this article have no doubt read them and understand the
policies basic illegalities, and thus the conclusion that the war itself is
domestically, internationally and morally indefensible.
There are many critiques of the impact of
these policies-which articulate the reasons not to go to war. Some of the
better ones can be found at Global
Policy ; Foreign
Policy in Focus or the Education for Peace
in Iraq Center. There are also several other valuable research sites.
There are also many U.S. veteran groups
that have seen the horrors of war up close and do not want to have another
generation of young Americans suffer not only the war, but also the post traumatic
stresses that emerge after war, when they discover they have been lied to, have
participated in aggression, and then are abandoned by their government after
the wars. This war is particularly amenable to such, since there is so much
dissention, based on solid information that this war is not only unnecessary
but also illegal, and may be without a foreseeable end.
Charles Sheehan Miles, is a Gulf War
veteran and former President of the National Gulf War Resource Center (http://www.ngwrc.org). He also help to found
the extraordinarily useful "Veterans for Common Sense" (http://www.veteransforcommonsense.org/)
which has a great deal of information about the current situation. On January
16, 2003, he wrote:
"This
war does nothing to protect American lives, but it will do everything to
destroy the lives of many thousands of Iraqis and Americans. This war will not
protect us from weapons of mass destruction, but it will make it more likely
Iraq will try to use them. This war will not liberate the Iraqi people, but it
will do everything to ensure they receive a new master, one ruled by corporate
profits and oil to fuel more American consumption. This war isn't worth the
life of one American soldier." (http://www.alternet.org/story.html?StoryID=14952)
The idea that those who oppose the Bush
plans for war are against the troops is a fundamental lie. Support for the
troops is not done by sending them off to a war which is fundamentally
unnecessary-support is keeping them home. Support for the troops is not done by
lying to them about the purpose and goals of the war and allowing those who
will benefit and profit a free ride on the backs of the troops. Support for the
troops is not done by making them complicit in an illegal and immoral war-it is
done by exposing the lies and giving the troops an opportunity not to be
complicit in war crimes.
A group of veterans of many different wars
and eras has issued a statement that has been distributed to active duty
soldiers making some of the points made in this article. Signers includes many
well-known veterans such as Vietnam veteran and author Ron Kovic (Born on the 4th
of July), author and film producer Michael Moore (Bowling for Columbine), and
American historian Howard Zinn (A People's History of the United States) and
several hundred other veterans.
The statement "Call to Conscience
from Veterans to Active Duty Troops and Reservist" reads in part:
"Many
of us believed serving in the military was our duty, and our job was to defend
this country. Our experiences in the military caused us to question much of
what we were taught. Now we see our REAL duty is to encourage you as members of
the U.S. armed forces to find out what you are being sent to fight and die for
and what the consequences of your actions will be for humanity. We call upon
you, the active duty and reservists, to follow your conscience and do the right
thing.
In
the last Gulf War, as troops, we were ordered to murder from a safe distance.
We destroyed much of Iraq from the air, killing hundreds of thousands,
including civilians. We remember the road to Basra -- the Highway of Death --
where we were ordered to kill fleeing Iraqis. We bulldozed trenches, burying
people alive. The use of depleted uranium weapons left the battlefields
radioactive. Massive use of pesticides, experimental drugs, burning chemical
weapons depots and oil fires combined to create a toxic cocktail affecting both
the Iraqi people and Gulf War veterans today. One in four Gulf War veterans is
disabled.
If
you choose to participate in the invasion of Iraq you will be part of an
occupying army. Do you know what it is like to look into the eyes of a people
that hate you to your core? You should think about what your
"mission" really is. You are being sent to invade and occupy a people
who, like you and me, are only trying to live their lives and raise their kids.
They pose no threat to the United States even though they have a brutal
dictator as their leader. Who is the U.S. to tell the Iraqi people how to run
their country when many in the U.S. don't even believe their own President was
legally elected?
There
is no honor in murder. This war is murder by another name. When, in an unjust
war, an errant bomb dropped kills a mother and her child it is not
"collateral damage," it is murder. When, in an unjust war, a child
dies of dysentery because a bomb damaged a sewage treatment plant, it is not
"destroying enemy infrastructure," it is murder. When, in an unjust
war, a father dies of a heart attack because a bomb disrupted the phone lines
so he could not call an ambulance, it is not "neutralizing command and
control facilities," it is murder. When, in an unjust war, a thousand poor
farmer conscripts die in a trench defending a town they have lived in their
whole lives, it is not victory, it is murder.
If
the people of the world are ever to be free, there must come a time when being
a citizen of the world takes precedence over being the soldier of a nation. Now
is that time. When orders come to ship out, your response will profoundly
impact the lives of millions of people in the Middle East and here at home.
Your response will help set the course of our future. You will have choices all
along the way. Your commanders want you to obey. We urge you to think. We urge
you to make your choices based on your conscience. If you choose to resist, we
will support you and stand with you because we have come to understand that our
REAL duty is to the people of the world and to our common future." (To see
the full statement and view all the signatures see www.calltoconscience.net.)
The choices that those in the military and
their supporters face are hard ones. Let us begin with some undisputed options.
Members of the armed forces are sworn to protect the Constitution from all
enemies, foreign and domestic. They are also sworn to obey all LAWFUL orders
and have an affirmative duty to DISOBEY all UNLAWFUL orders.
The unelected president will not tell his
troops or his commanders that he is issuing unlawful orders. Few, if any, of
the top commanders will tell their troops that they are issuing unlawful
orders. Those on the front lines, those who fly the planes, those who target
Cruise missiles and other weapons of mass destruction need to make decisions.
According to International Law, Domestic Law, the Constitution, and various
Moral Codes it is not enough to say or believe that one is just "doing
their job" or just "following orders." Decisions have to be
made.
One should check out the sources of
information presented in this article, to see if International Law still
applies to America, to see if the Constitution still applies, to see if the
Pope and other national and international members of the clergy are right in
their moral objections to this war, to see if the legal arguments are valid
against the war or for the war. One should investigate if they are being lied
to by their unelected commander in chief. Members of the armed forces have a
sworn and sacred duty to uphold the law and the Constitution. According to the
laws, international, domestic, and moral, the interpretation of whether orders
are legal are not only the responsibility of "superior officers," but
is needed each level of command, and by those who execute those commands.
Please note that the information presented
here is not meant to encourage one to break the law, but rather to follow
international, domestic, and moral laws. The information here is not intended
to encourage one to break one's oath but rather to be true to one's duty and
conscience and make an informed decision.
If the decision is made that the orders to
begin or continue the war are illegal, then each bomb dropped will be a war
crime, each bomb loaded will be a war crime, each support effort will be aiding
and abetting a crime. Each death, especially that of a civilian, will be a war
crime (not collateral damage). If the war itself is a crime than all efforts
that aid in that effort are criminal. Given that over 50% of the people of Iraq
are children under the age of 16, this will be a war against children and a
crime against humanity. The decision to obey one's oath and not follow illegal
orders is no doubt a difficult one, and one that will probably result in
punishment from those who issue the illegal orders. One should not take this
issue lightly, just as one should not take the decision to follow an illegal
order lightly. There will no doubt be consequences for those who follow their
conscience. It is the duty of all who recognize the illegality of the war to
support all resisters. For examples on how hundreds of thousands of GIs
resisted the illegal war in Vietnam (by the U.S. Governments own admission in
the Pentagon Papers) read Howard Zinn's "A People's History of the United
States," Chapter 18. For a personal account of a brave officer's
resistance in Vietnam and later, see "Witness to War" by Charles Clement.
I am aware that many active duty personnel
and reservist already have grave doubts and reservations about the conduct of
this war, just as do significant numbers of veterans and the general public and
citizenry. Those who have severe doubts about the legality of what they are
"ordered" to do should talk to their comrades in arms, their
spiritual advisor (if they have one), and should contact one of the groups
listed below and weigh their options.
There may well be some safety in numbers.
Albert Einstein, the genius physicist, once stated that if 2% of the military
refused to fight or participate, the wars could not continue. Time is short. Or
if you are reading this after the hostilities have commenced, it is time to
stop the madness and war crimes.
At the end of this article there is
contact information for organizations that have historically assisted active
duty personnel, reservist, or veterans of conscience who desire specific legal,
political, or moral guidance in time of war. If possible, these would be good
organizations to contact. As the veterans "Call to Conscience"
statement notes "if you have questions or doubts about your role in the
military (for any reason) or in this war, help is available. Contact one of the
organizations listed below. They can discuss your situation and concerns, give
you information on your legal rights, and help you sort out your possible
choices." These organizations are listed for your information and are not
responsible for the contents of this article.
Also listed below are sources of
information that may be useful about the current situation, in addition to the
sources listed in the article.
Lawrence Mosqueda, Ph.D. teaches at The Evergreen State College in
Olympia, Washington. He can be reached at mosqueda@evergreen.edu
SUGGESTED RESOURCES:
BOOKS on foreign policy
Noam Chomsky, especially Deterring
Democracy, 9/11, Rouge States
Phyllis Bennis, Before and After: U.S.
Foreign Policy and the September 11 Crisis
Gilbert Achcar, The Clash of Barbarisms:
September 11 and the Making of the New World Disorder
William Blum, Killing Hope
Dilip Hiro, Iraq, In the Eye of the Storm
WEB SITES
Alternative News and analysis,
www.commondreams.org
www.alternet.org;
www.fair.org
Alternative Analysis,
www.globalexchange.org;
www.znet.org
Middle East Analysis,
www.merip.org;
http://www.foreignpolicy-infocus.org/index.html
English Reports from Iraq,
http://www.iraqjournal.org/jeremybio.html
ORGANIZATIONS THAT HAVE HELPED GIs IN THE
PAST
(Some are religious, some political, some pacifist)
Central Committee for Conscientious Objectors (CCCO) The GI Rights Hotline
(800) 394-9544 (215) 563-4620 Fax (510) 465-2459 630 Twentieth Street #302
Oakland, CA 94612 girights@objector.org
http://girights.objector.org/whoweare.html
American Friends Service
Committee-National 1501 Cherry Street Philadelphia, PA 19102 Phone: (215)
241-7000 Fax: (215) 241-7275 afscinfo@afsc.org
www.afsc.org
American Friends Service Committee--New
England Region 2161 Massachusetts Ave. Cambridge, MA 02140 617-661-6130 afscnero@afsc.org
Center on Conscience & War (NISBCO)
1830 Connecticut Ave. NW, Washington, DC 20009 Tel: (202) 483-2220 Fax: (202)
483-1246 Email: nisbco@nisbco.org http://www.nisbco.org/
Military Law Task Force of the National
Lawyers Guild
1168 Union Street, Suite 200 San Diego, CA 92101 619-233-1701
National Lawyers Guild, National Office
143 Madison Ave 4th Fl., New York NY 10016 212-679-5100 FAX 212 679-2811 nlgno@nlg.org http://www.nlg.org/
Northcoast WRL / Humboldt Committee for
Conscientious Objectors (NCWRL-HCCO) 1040 H Street Arcata, CA 95521
707-826-0165 HCCO-Help@sbcglobal.net
Quaker House of Fayetteville, NC
223 Hillside Ave Fayetteville, NC 28301 910-323-3912 or 919-663-7122
Seattle Draft and Military Counseling
PO Box 20604 Seattle, WA 98102 206-789-2751 sdmcc@scn.org
War Resisters League 339 Lafayette Street
New York, NY 10012 212-228-0450 or 800-975-9688 wrl@warresisters.org http://www.warresisters.org/
Veterans Call to Conscience
4742 42nd Ave. SW #142 Seattle, WA 98116-4553 CallToConscience@yahoo.com http://www.oz.net/~vvawai/CtC/
Veterans for Common Sense
www.veteransforcommonsense.org
National Contacts http://www.veteransforcommonsense.org/contacts.asp
Citizen Soldier
267 Fifth Ave., Suite 901 New York, NY 10016
Phone (212) 679-2250 Fax (212) 679-2252 www.citizen-soldier.org/
Fellowship of Reconciliation
P.O. Box 271,NY, NY 10960 845-358-4601 Fax:(845) 358-4924
E-mail: for@forusa.org http://www.forusa.org
Catholic Peace Fellowship
P.O. Box 41 Notre Dame, Indiana 46556-004
574-631-7666 info@catholicpeacefellowship.org;
http://www.catholicpeacefellowship.org/
Peace Education Office of Mennonite
Central Committee MCC US
21 S. 12th Street Akron, PA 17501-0500 717-859-3889
tmp@mccus.org http://www.mcc.org/ask-a-vet/index.html