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Weaver wrote:Conscripts have a duty to follow lawful orders, regardless of whether they personally approve of each and every operation or not. While they should have the right of declaring themselves overconscientious objectors, that goes for all service, not individual operations.
If they don't like being conscripts, they need to work within their national political system to end the practice. We did.
Weaver wrote:That was unintentional - not sure at all how the "over" crept in. Thanks for noting it.
Weaver wrote:Both.
Professionals have a duty to refuse illegal orders.
Conscripts have a duty to follow lawful orders, regardless of whether they personally approve of each and every operation or not. While they should have the right of declaring themselves overconscientious objectors, that goes for all service, not individual operations.
If they don't like being conscripts, they need to work within their national political system to end the practice. We did.
EDIT - I meant "conscientious objectors" - I had no intent to type "over" in, and can only surmise poor use of a spell checker inserted it. My apologies to anyone offended by my error here.
AlohaChris wrote:Lieutenant Ehren Watada (US Army) refused to deploy to Iraq in 2006 because he believed that the war was illegal. He stated that under the doctrine of 'command responsibility' that participating in the war would make him party to war crimes.
He tried to resign, but the Army denied his request. He argued that it was unlawful for him to deploy because:
1) The Iraq war violated the Constitution, The War Powers Act, UN Charter, the Geneva Conventions, and the Nuremberg Principles, which "bar wars of aggression" and argued that 'command responsibility' would make him personally responsible for violating international law.
2) He also argued that the war was based on lies, such as the existence of weapons of mass destruction in Iraq and the 'links' between Saddam Hussein and al-Qaeda.
Watada specifically said that he was not a conscientious objector and was not opposed to all wars as a matter of principle, and offered to serve in Afghanistan. The Army refused and instead offered him a desk job in Iraq without combat duties, which Watada refused.
He was Court-Martialed in 2007, but the trial ended in a mistrial. The Army, realizing it would likely lose again in court, honorably discharged Watada in 2009.
Nicko wrote:Just to go back to the case study raised by AlohaChris:AlohaChris wrote:Lieutenant Ehren Watada (US Army) refused to deploy to Iraq in 2006 because he believed that the war was illegal. He stated that under the doctrine of 'command responsibility' that participating in the war would make him party to war crimes.
He tried to resign, but the Army denied his request. He argued that it was unlawful for him to deploy because:
1) The Iraq war violated the Constitution, The War Powers Act, UN Charter, the Geneva Conventions, and the Nuremberg Principles, which "bar wars of aggression" and argued that 'command responsibility' would make him personally responsible for violating international law.
2) He also argued that the war was based on lies, such as the existence of weapons of mass destruction in Iraq and the 'links' between Saddam Hussein and al-Qaeda.
Watada specifically said that he was not a conscientious objector and was not opposed to all wars as a matter of principle, and offered to serve in Afghanistan. The Army refused and instead offered him a desk job in Iraq without combat duties, which Watada refused.
He was Court-Martialed in 2007, but the trial ended in a mistrial. The Army, realizing it would likely lose again in court, honorably discharged Watada in 2009.
I have to say that I disagree with this guy's position. If he genuinely believed that the Bush Administration had abandoned law to the degree he claimed, then his only ethical option would have been to refuse to follow any orders at all. If one believes that the chain of command is rotten from the top down, one cannot ethically serve in the military. At all.
Nicko wrote:Watada did not refuse to serve. He was quite willing to serve in a military that he believed had a criminal for a commander-in-chief. As long as he could pick which country he was deployed to.
Doesn't work that way. If you do not trust the chain of command, you cannot ethically be a soldier.
Shantanu wrote:If Watada claims that he did not know that US imperialism never concerned itself with the legality/lawfulness of most of the wars that it engaged in or supported such that US administrations had a history of fighting wars on idealogical or political grounds, he joined the US army with the correct motivation but was also right in taking the step by refusing to serve in Iraq but offering to go to Afghanistan instead. If he knew what US stood for from studying history, he not right to refuse service.
Nicko wrote:Shantanu wrote:If Watada claims that he did not know that US imperialism never concerned itself with the legality/lawfulness of most of the wars that it engaged in or supported such that US administrations had a history of fighting wars on idealogical or political grounds, he joined the US army with the correct motivation but was also right in taking the step by refusing to serve in Iraq but offering to go to Afghanistan instead. If he knew what US stood for from studying history, he not right to refuse service.
Reread the grounds upon which his refusal to deploy was based. He based his refusal to deploy on the grounds that his commander-in-chief was a liar who had launched an illegal war. That is not a reason to refuse to deploy. It is a reason to declare oneself no longer able to serve.
Shantanu wrote:Nicko wrote:Shantanu wrote:If Watada claims that he did not know that US imperialism never concerned itself with the legality/lawfulness of most of the wars that it engaged in or supported such that US administrations had a history of fighting wars on idealogical or political grounds, he joined the US army with the correct motivation but was also right in taking the step by refusing to serve in Iraq but offering to go to Afghanistan instead. If he knew what US stood for from studying history, he not right to refuse service.
Reread the grounds upon which his refusal to deploy was based. He based his refusal to deploy on the grounds that his commander-in-chief was a liar who had launched an illegal war. That is not a reason to refuse to deploy. It is a reason to declare oneself no longer able to serve.
I would say that If the war in Iraq at the time that it was launched was supported by more than 50 percent of the people of the USA it was a legal war.
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