· Mayor and Councilors good evening ImPip Cornall from 451 Waterline Rd inAshland and Irepresent...
Transcript of · Mayor and Councilors good evening ImPip Cornall from 451 Waterline Rd inAshland and Irepresent...
Mayor and Councilors good evening ImPip Cornall from 451 WaterlineRd in Ashland and I represent an Ashland Australian and global groupseeking to create departments ofpeace in countries globally Ill be askingAshland to become a peace city and support the creation ofa department ofpeace in the US and worldwide
Mayor and Councilors I want to start by acknowledging all the good workyou do for the city I know that sometimes despite your good intentions youare harshly criticizedThat is the old paradigm method and as we move towards becoming a peacecity that way ofbehaving will diminish
Ifyou ask most Ashlanders if they would like to live in a peaceful city who s
structure and policies reflect a clear choice to live peacefully my guess isthat every single person without exception would say YES and that no one
would endorse violence or domination as a standard practice especiallywhen it comes tohow they and their loved ones are treated
Not surprisingly this reflects our city s history since in a series of CityCouncil declarations over the last 30 years we have proved our support forpeace principlesIncluding
J Declaring the City of Ashland a NUCLEAR FREE ZONE in
10 1981 82
Ju Endorsing the VALDEZ PRINCIPLES on May 15th 1990v 1 The August 5th 2003 PEACE DECLARATION by then Mayor Alan
1 paCSL tlBr commemorating Hiroshima and Nagasaki Days on Aug 6th
You have received on two occasions May Sept 2006 my emailsencouraging the council to adopt a resolution for Ashland to become a peacecity and in so doing support the global movement to create departments ofpeace in countries worldwide
I included some draft resolutions that the council could modify and adopt
In June 2006 in Canada I attended the international people s summit tocreate lepartments ofpeace in countries worldwide The movement to create
departrhents of p iij1cl a global netwdtk ofpeace cities is well underwa
2E yf2fJllJI7 Ja6nas 1
Such a determined and coordinated alliance will not fail and I would like toinvite Ashland to come on board In this time of increasing world conflict itis imperative that progressive cities such as Ashland lead others by fullyadopting the peace paradigm principles
After my short presentation tonight I request this proposal be placed onto theagenda for the next council meeting and or I meet with councilors who are
willing to support it
What is a Peace City
Like Community Policing it canmean many things It is infinite really butinitially could be kept simple The original impetus behind Peace Citydeclarations was the United Nations Education Science and CultureOrganisation s UNESCO efforts in encouraging local communities aroundthe world to build a culture of peace The United Nations stressed thiselement in its 2002 Study on Disarmament and Non proliferation Educationwhich stated
Municipal leaders working with citizen groups are encouraged toestablishpeace cities aspart ofthe UNESCO Cities for Peace networkthrough for example the creation ofpeace museums peace parks websites and the production of booklets onpeacemakers andpeacemaking
Here are a few ideas discuss Ashland Peace Map Handout
Mention Conflict mapping
A peace city would adopt the resolution in favor of the proposed federallegislation to create a United States Department of Peace and see handout
It would support our Senator s and Representative s sponsorship of theproposed federal legislation to create a United States Department of Peace
Ashland has already joined the Mayors for Peace network which bringscities together in a program to achieve a nuclear weapons free world ThePeace City proposal is much broader than disarmament It would be a
collaborative effort between the City Council and Ashlanders to help address
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the root causes ofconflicts and violence in order to enhance peace in the cityand to contribute tomaking the world a morepeaceful place
My colleague in Wellington NZ sent me information on their peace cityplan We could do similar by bringing together all groups and individualswho support peace practice and principles
The Wellington Foundation has established a Peace City Committee withrepresentatives from
Council ofTrade UnionsFederation ofEthnic CouncilsHokotehi Moriori Trust
Make Poverty HistoryNational Consultative Committee on Disarmament
Nepalese CommunityNew Zealand House of RepresentativesNZ Multicultural MusicNZ Nurses OrganisationNZ Sri Lanka Friendship SocietyOxfam
Parliamentary Network for Nuclear DisarmamentPeace Movement Aotearoa
Prisoner s Aid and Rehabilitation ServiceSoka Gakkai International
Wellington International Poetry FestivalPeace Foundation Wellington Office
Wellington Refugee CouncilWomen s International League for Peace and Freedom WellingtonBranch
Promoting existing activities in Wellington related to peace
Wellington is home to a large number of organizations that are engaged inactivities related to the development of a culture of peace such as
peace groupsmediation services
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conflict resolution trainersservIce groupsethnic education and support groupshuman rights groupsinternational friendship societies
family support services
youth groups
religious support groups
The Council is also involved in activities related to the culture of peacewhich include
Sister City links
organizing an annual Race Relations Daymaintaining the Peace Flame and Peace Tree in the Botanical Gardensparticipating in the Mayors for Peace organizationdisplaying ofa Welcome to Wellington capital of nuclear free NewZealand sign near the Airport
The Peace City declaration and programme would establish an overallunifying framework that will encourage increased collaboration betweenevents groups and activities and also provide them with much greaterpublic exposure This would be achieved through 3 primary mechanismsNew initiatives related to Wellington s culture of peace will benefit from thecommunity resources that the Council already provides like
community grantsdiscounted meeting space
listing ofupcoming community events on the Council s websitewebpage hosting through the Regional 2020 Communications Trust
Mayor or Deputy Mayor level engagement at the openings ofevents relatedtopeace are possible but should be evaluated on a case by case basisNew initiatives related to Wellington s culture ofpeace will benefit from thecommunity resources that the Council already provides like
community grantsdiscounted meeting space
listing ofupcoming community events on the Council s website
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webpage hosting through the Regional 2020 Communications Trust
Mayor or Deputy Mayor level engagement at the openings of events relatedto peace are possible but should be evaluated on a case by case basis
War Journalism Peace Journalism
Most of the media that exist in the United States today exhibitcharacteristics of warmedia At any given time television channelsbroadcast the following items or variations on these themes sit com actorswho make derisive comments to get a laugh cartoon characters that beateach other up in order to survive until the end of the episode dramas thatuphold the stereotype that rapists abductors and serial killers prey on
middle class women documentaries which show how only the strongestanimals survive athletes who compete to prove that only one can win andnews stories that recount endless acts ofviolence
Two examples of successful conflict transformation programsinclude Ohio s State Wide School Conflict Management Initiative and the
practice of Community Conferencing The Ohio initiative reports an
improvement in academic achievement a reduction in truancy fewersuspensions and expulsions a decrease in time spent on dealing withdiscipline fmancial cost savings to schools and an improvement in overallschool climate as a result of integrating non violent dispute resolutiontechniques into middle school and high school curriculums The annual cost
per student for the conflict management initiative is 12 compared to 231for suspending a student and 431 for expelling a student Peace Alliance2006
In areas which suffer from high crime rates there is social change throughCommunity Conferencing a restorative justice method which bringstogether all the relevant parties In doing so all parties have the chance to
express themselves and their needs and can contribute to a solution whichmeets the needs ofall parties The program reports a 60 reduction inrecidivism at 10 of the cost ofcurrent criminal justice and disciplinarypractices peace Alliance 2006
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August 5 2003 City Council MeetingMayor s Declaration to Commemorate Hiroshima Day August 6th and
Nagasaki Day August 7th
Every year on August 6 the city of Hiroshima holds a Peace MemorialCeremony to pray for the peaceful repose of the victims for the abolition ofnuclear weapons and for lasting world peace During that ceremony themayor issues a Peace Declaration directed toward the world at large As longas the need persists Hiroshima s mayor will continue to issue thesedeclarations calling for the elimination ofnuclear weapons from the face ofthe earth This is partof Hiroshima s effort tobuild a world of genuine andlasting world peace where no population will ever again experience the crueldevastation suffered by Hiroshima and Nagasaki
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Dear CounciloAIlILj 1M
We the undersigned members of DoPeace request that it the following resolution be read aloudand accepted as Public Input at the upcoming council meeting We are requesting that the topic ofpassing a resolution be put on the agenda for the next council meeting and avote be made to passthe resolution A draft ofthe proposed resolution follows
We the undersigned members ofDoPeace wish to call your attention to pending legislation at thefederal level and suggest that you adopt a resolution in its support because ofthe followingbenefits it would bring to the community ofAshland
There is currently an historic citizen lobbying effort to create aU S Department ofPeace Thereis currently abill before both Houses ofCongress House Resolution 3760 and Senate 1756
This historic measure will augment our current problem solving modalities providing practicalnonviolent solutions to the problems ofdomestic and international conflict
The campaign to establish aU S Department ofPeace is only one aspect ofa fundamentalresponse to the problem ofviolence but it is critical
It represents an important collective effort as American citizens to do everything we possiblycan to save the world for our children s children
There is also an historic coordinated international movement to create Departments ofPeace in acritical massofcountries throughout the world
To this end there is an international summit and training in Canada in June 2006 which one ofour
members Pip Cornall from our Oregon district 2 DoPeace group will be attending Thecountries include US UK Canada Japan Australia Italy and Nepal
We the undersigned are members ofagroup DoPeace representing Oregon District 2 to create
Departments ofPeace in the US and other countries There are currently over 300 such groups in50 US states
Thank youThe DoPeace District 2 Team
Pip Cornall 451 Waterline Rd Ashland Oregon 97520 541 840 5836Lynn Perkins P o Box 1365 206 Talent Ave Talent 97540 541 512 1549Shaktari Belew 345 Alta Ave Ashland 97520 488 2518
Please read draft ofresolution prior to next meeting
Support Establishing a United States Department of Peace
WHEREAS during the 108th Congress Rep Dennis Kucinich Democrat ofOhiointroduced in the United States House ofRepresentatives proposed federal legislation tocreate a United States Department ofPeace which garnered the sponsorship offifty two52 members ofthe United States House ofRepresentatives and
WHEREAS during the 109th Congress which began its session on January 1 2005 theproposed federa1legislation tocreate a United States Department ofPeace will bereintroduced and
WHEREAS the proposed federal legislation tocreate a United States Department ofPeace will establish a cabinet level Department of Peace which will be headed by a
Secretary ofPeace who will advise the President on issues that are both domestic andinternational in scope and
WHEREAS the Department ofPeace will consist ofseven 7 offices including
An Office of Peace Education and TrainingDevelop apeace curriculum and supporting materials for distribution to the
department of education in each state
For the building ofcommunicative peace skills nonviolent conflict resolutionskills and other objectives to increase knowledge ofpeace processes includingthe development ofaPeace Academy
An Office of Domestic Peace Activities whose responsibilities are
1 to develop policies that increase awareness about intervention and counselingon domestic violence and conflict
2 to develop policy alternatives for the treatment ofdrug and alcohol abuse
3 to develop new policies and build on existing programs responsive to theprevention ofcrime including the development ofcommunity policing strategiesand peaceful settlement skills among police and other public safety officers and
4 to develop community based strategies for celebrating diversity and promotingtolerance
An Office of International Peace Activities whose responsibilities are
1 to provide for the training and deployment ofall Peace Academy graduates andother nonmilitary conflict prevention and peacemaking personnel2 to sponsor country and regional conflict prevention and dispute resolutioninitiatives in countries experiencing social political and economic strife
3 to advocate the creation ofamultinational nonviolent peace force
4 to provide training for the administration ofpostconflict reconstruction anddemobilization in war tom societies and
5 to provide for the exchange between individuals ofthe U S and other nationswho are endeavoring todevelop domestic and international peace basedinitiatives
An Office of Technology for Peace whose responsibilities are
1 to carry out the functions in the department affecting the awareness study andimpact ofdeveloping new technologies on the creation and maintenance ofdomestic and international peace
2 toprovide grants for the research and development oftechnologies in
transportation communications and energy that are nonviolent in theirapplication and encourage the conservation and sustainability ofnatural resourcesin order to prevent future conflicts regarding scare resources
An Office of Anns Control and Disannament whose responsibilities are
1 toadvise the Secretary ofPeace on all interagency discussions and allinternational negotiations regarding the reduction and elimination ofweapons ofmass destruction throughout the world including the dismantling ofsuch weaponsand the safe and secure storage ofrelated materials
2 toassist nations international agencies and non governmental organizations inassessing the locations ofthe buildup ofnuclear arms
3 todevelop nonviolent strategies todeter the testing or use ofoffensive or
defensive nuclear weapons whether based on land air sea or in outer space
4 to serve as a depository forcopies ofall contracts agreements and treaties thatdeal with the reduction and elimination ofnuclear weapons or the protection ofouter space for militarization and
5 toprovide technical support and legal assistance for the implementation ofsuchagreements
An Office of Peaceful Coexistence and Nonviolent Conflict Resolutionwhose responsibilities are
1 tocarry out those functions in the department affecting research and analysisrelating to creating initiating and modeling approaches to peaceful coexistenceand nonviolent conflict resolution
2 tostudy the impact of war especially on the physical and mental condition ofchildren which shall include the effect ofwar on the environment and publichealth
3 topublish amonthlyjournal ofthe activities ofthe department and encouragescholarly participation
4 to gather information on effective community peace building activities anddisseminate such information to local governments and non governmentalorganizations in the U S and abroad
5 to research the effect ofviolence in the media and make such reports availableto the Congress annually and
6 to sponsor conferences throughout the U S to create awareness ofthe work ofthe department and
An Office of Human Rights and Economic Rights whoseresponsibilities are
1 tocarry out those functions ofthe department supporting the principles oftheUniversal Declaration ofHuman Rights passed by the General Assembly oftheUnited Nations on December 10 1948
2 to assist the Secretary ofPeace in cooperation with the Secretary of State in
furthering the incorporation ofprinciples ofhuman rights as enunciated in theUnited Nations General Assembly Resolution ofDecember 10 1948 into all
agreements between the U S and other nations tohelp reduce the causesofviolence
3 togather information on and document human rights abuses both domesticallyand internationally and recommend to the Secretary of Peace nonviolentresponses to correct abuses
4 tomake such findings available toother agencies in order to facilitatenonviolent conflict resolution
5 toconduct economic analyses ofthe scarcity ofhuman and natural resources as
a source ofconflict and tomake recommendations to the Secretary ofPeace fornonviolent prevention ofsuch scarcity nonviolent intervention in case of scarcityand the development ofprograms ofassistance for people experiencing such
scarcity whether due to armed conflict maldistribution ofresources or naturalcauses and
6 to assist the Secretary ofPeace in cooperation with the Secretary ofState andthe Secretary ofTreasury in developing strategies regarding the sustainability andthe management ofthe distribution of funds from international agencies theconditions regarding the receipt ofsuch funds and the impact of those conditionson the peace and stability ofthe recipient nations
WHEREAS the proposed federal legislation to create a United States Department ofPeace will benefit the City ofAshland by holding peace as an organizing principle for theAmerican Society which will change the tone ofthe society and
WHEREAS the proposed federal legislation to create a United States Department ofPeace will benefit the City ofAshland by developing new programs that relate to thesocietal challenges of domestic violence school violence guns racial or ethnic violenceviolence against gays and lesbians and policecommunity relations disputes which willassist members ofour Police Department in experiencing fewer dangerous encounters
especially while making routine runs and
WHEREAS the proposed federal legislation to create aUnited States Department ofPeace will benefit the City ofAshland by encouraging the development of initiativesfrom the community its religious groups and its non governmental organizations whichwill cause greater community involvement thereby creating a stronger City and
WHEREAS the proposed federal legislation to create aUnited States Department ofPeace will benefit the City ofAshland by eventually reducing federal spending on the
military budget which is 399 billion for fiscal year 2004 2005 thereby redirecting fundsto the states and cities and assisting in the balancing ofour City budget
WHEREAS the proposed federal legislation tocreate aUnited States Department ofPeace has fifty two 52 sponsors of the members of the United States House of
Representatives now therefore be it
THEREFORE NOW BE IT RESOLVED that the Ashland City Council adopts thisresolution in favor ofthe proposed federal legislation tocreate aUnited States
Department ofPeace and be it
FURTHER RESOLVED that the Ashland City Council adopts this resolution in supportofour Senator s and Representative s sponsorship ofthe proposed federal legislation to
create aUnited States Department ofPeace
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Draft Resolution before the City Council of Ashlandin support of the creation of a United States Department of Peace
July 25 2005
Whereas military conflicts in the 20th century alone have killed millions of people most of theminnocent civilians women and children and
Whereas even at the dawn of the 21stcentury violence is an overarching theme in the world
encompassing personal group national and international conflict extending to the production ofnuclear biological and chemical weapons of mass destruction which have been developed for useon land in the air under the sea and in outer space and
Whereas such conflict is often taken as a reflection of an inevitable human condition withoutquestioning whether war is really inevitable whether the structures ofthought word and deed whichwe have inherited are any longer sufficient for the sustainability growth and survival of the UnitedStates and the world and indeed whether we can strive tomake peace inevitable and
Whereas nonviolent methods ofresistance have been successful in conflicts where violence did notsucceed ranging from India s struggle for independence to breaking down the walls of the ColdWar to the great strides made towards integration in the United States and
Whereas the United States spends more than the next twenty nations combined on militarypreparations and
Whereas there is no single government entity assigned to report to the American people on thestatus ofour efforts toachieve peace and
Whereas the existence ofcabinet level positions focuses the energies ofthe country and
Whereas implementing nonviolent approaches for domestic programs and foreign mediationrequires broad education understanding research and concerted efforts and
Whereas HR 1673 abill which has 73 co sponsors and which would establish the Department ofPeace has been introduced into the U S Congress and
Whereas a Department of Peace would provide a structure to shift the paradigm in our countrytoward peace a shift which is needed now more than ever to reflect the human spirit of trustrespect and integrity and
Whereas a decrease in conflict and violence will both save federal money and strengthen the fabricofour country
Now therefore be it resolved that the City Council ofAshland supports and affirms the creation ofa Cabinet Level U S Department of Peace to study and advance peace and non violence as theorganizing principles in all human relations from families and neighborhoods to courts andcongresses to cities states and nations
FOR CITY COUNCIL ASHLAND OREGON PACKET RE REQUEST TO PUT ONAGENDA
RESOLUTION TO SUPPORT LT EHREN WATADAFirst U S Military Officer to Publicly Resist Illegal Warand Occupation of Iraq
CONTENTS
1 Donate from thankyoultorg
2 Lt Watada addresses national veterans convention by DahrJamail Truthoutorg 8 142006 from www thankyoultorg
3 Lt Watada s mother asks for your support by Carolyn Ho
Ehren s mom 8 15 2006 from www thankyoult org
4 Iraq combat vets explain support for Lt Watada by SarahOlson Truthoutorg 8 162006 from www thankyoultorg
5 United Nations former Undersecretary Gen takes stand forLt Watada at Military Hearing 8 17 2006 fromwww thankyoult org
6 Watada hearing succeeds in placing war on trial 8 182006from www thankyoultorg
7 Court briefby Historians Against the War and the AmericanFriends Service Committee from www thankyoultorg
8 City Support Expected For Soldier s Iraq Refusal827 2006 from www abclocal go com
9 Statement from the Buddhist Peace Fellowship In SupportofLt Ehren Watada 8 25 2006 and What You Can Do to
Support Lt Watada from www bpf org
10 Statement in Support ofFirst Lieutenant Ehren Watada article
by Debbie Clark of Veterans for Peace Greater Atlanta Chapter125 d clark@antiwar com 770 855 6163
11 A Broken De Humanized Military in Iraq by Dahr Jamail926 2006 from www truthoutorg
Thank You Lt Ehren Watada Donate
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However online tax deductible donations can be
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Attn Lt Watada Defense Fund
810 N Vineyard Blvd
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Tax deductible online donation
You can also make an online tax deductible
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Hawaii People s Fund by following these
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On the Hawaii People s Fund donate page under Gift Information simply
select On behalf or and enter Lt Waleda Defense Fund in the data
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Oift laformatioa Id like to make this donation
onbehalf of 0 in memory of
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09 20 2006 09 54 AM
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ThankYouLT org
On June 22 U S Army First
Ueutenant Ehren K Watada
became the first commissioned
officer to publicly refuse
deployment to theunlawful
Iraq War and occupation
Lt Watada has been formally
charged with contempt
towards President Bush
conduct unbecoming an officer
and a gentleman and missing
movement
On August 24 the Article 32
pre trial hearing investigatorrecommended a general
court martial on all charges
On September 15 an
additional charge was added
For the first time since 1965
the military is prosecuting an
objector for his opinions He
faces over eight years in
prison over six years for
First Amendment speechalone
Help Lt Watada put thewar
on trial Your support
Including donations to Lt
Watada defense fund are
urgently needed today
Page 1 of 2
Thank You Lt Ehren Watada Donate
une niIDonill UilY OT
Action to Stand Up with
Lt Watilda reportsl
Play Video
Message to supporters
Also please enter U Watada Defense Fund in the Feedback box for goodmeasure Note that Groundspring org will appear on your credit card
statement Donate to the Lt Watilda defense fund here via Hawaii
People s fund
Thank you on behalf of the Friends and Family of Lt
Watada
Updated August 3D 2006 Inspired by Lt Watada s stand a team of
lawyers has committed to defending him at cost However due to the
precedent setting nature of this court martial these costs are project to reach
30 000 or more For example during U Watada s August 17 pre trial hearingat Fort lewis Washington former Assistant Secretary General of the United
Nations Denis Halliday Army Colonel Ann Wright ret and international law
expert Prof Frantis Boyle all took the stand to help Lt Watada set the stage
to put the war on trial All of these witnesses traveled long and far at the
expense of the defense
Possibly even more important than the legal expenses is the battle for public
opinion On this front we will help Lt Watada put the occupation war on trial
regardless of what happens in the military courtroom A mass regional
mobilization against the illegal war in Iraq and in support of U Watada is now
being planned for the Fort Lewis Washington area during any possible court
martial in the Fall A People s Hearing on the question of illegal war and
occupation is also being planned for the Seattle area in the days proceeding
the court martial Finally we are directly supporting a national effort to
support Lt Watada courageous stand via a grassroots network of activists and
in the process help end the war and bring all the troops home
Just how unprecedented our collective actions will be depends in part on your
contribution
Prey Next
Back
@ 2006 Friends and Family of Lt Watadawwwthankyoultorg 866 797 0967
09 20 2006 09 54 AM
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Thank You Lt Ehren Watada Lt Watada addresses national veterans convention
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June 27 National Day of
Action to Stand Up with
Lt Watada reports
t
03
Lt Watada addresses national veterans
convention M @
By Dahr Jamail truthout org August 14 2006 photosfJeff Paterson
On Saturday night I was lucky enough to be at the Veterans for Peace National
Convention For that night Lt Ehren Watada was able to give the following
speech which Ive just received permission to post here The speech was met
with a powerful standing ovation from the vets who ve been there
Lt Ehren Watada for those who don t already know became the first
commissioned officer to publicly refuse deployment to the unlawful war and
occupation in Iraq While doing this on June 22 2006 Watada said As the
order to take part in an illegal act is ultimately unlawful as well I must refuse
that order
Just as Watada took the stage and began to speak over SO members of Iraq
Veterans Against the War filed in behind him Watada surprised by this and
obviously taken aback by the symbolic act turned back to the audience took
some deep breaths then gave this speech
http thankyoultlive radicaldesigns orgcontentview 172
Page 1 of 7
Jj
1 0 1
ThankYoul
On June 22 U
Lieutenant Ehl
became the firs
officer to publici
deployment tc
Iraq War and
Lt Watada has
charged with c
towards Presit
conduct unbeco
and a gentlema
movement
On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was ad
For the first tim
the military is p
objector for his
faces over eigt
prison over si
Amendment SpE
Help Lt Watac
on trial Your s
including donat
Watada s defe
urgently needec
10 3 2006
Thank You Lt Ehren Watada Lt Watada addresses national veterans convention
Play Video
Message to supporters
Thank you everyone Thank you all for your tremendous support
How honored and delighted I am to be in the same room with
you tonight I am deeply humbled by being in the company of
such wonderful speakers
You are all true American patriots Although long since out of
uniform you continue to fight for the very same principles you
once swore to uphold and defend No one knows the devastation
and suffering of war more than veterans which is why we
should always be the first to prevent it
I wasn t entirely sure what to say tonight I thought as a leader
in general I should speak to motivate Now I know that this isn t
the military and surely there are many out there who outranked
me at one point or another and yes Im just a Lieutenant And
yet I feel as though we are all citizens of this great country and
what I have to say is not a matter of authority but from one
citizen to another We have all seen this war tear apart our
country over the past three years It seems as though nothing
we ve done from vigils to protests to letters to Congress have
had any effect in persuading the powers that be Tonight I will
speak to you on my ideas for a change of strategy I am here
tonight because I took a leap of faith My action is not the first
and it certainly will not be the last Yet on behalf of those who
follow I require your help your sacrifice and that of countless
other Americans I may fail We may fail But nothing we have
tried has worked so far It is time for change and the change
starts with all of us
I stand before you today not as an expert not as one who
pretends to have all the answers I am simply an American and a
servant of the American people My humble opinions today are
just that I realize that you may not agree with everything I have
to say However I did not choose to be a leader for popularity I
http thankyoultli ve radicaldesigns orgcontentview11721
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Posters t sh
and
10 3 2006
Thank You Lt Ehren Watada Lt Watada addresses national veterans convention
did it to serve and make better the soldiers of this country And I
swore to carry out this charge honorably under the rule of law
Today I speak with you about a radical idea It is one born from
the very concept of the American soldier or service member It
became instrumental in ending the Vietnam War but it has
been long since forgotten The idea is this that to stop an illegal
and unjust war the soldiers can choose to stop fighting it
Now it is not an easy task for the soldier For he or she must be
aware that they are being used for ill gain They must hold
themselves responsible for individual action They must
remember duty to the Constitution and the people supersedes
the ideologies of their leadership The soldier must be willing to
face ostracism by their peers worry over the survival of their
families and of course the loss of personal freedom They must
know that resisting an authoritarian government at home is
equally important to fighting a foreign aggressor on the
battlefield Finally those wearing the uniform must know beyond
any shadow of a doubt that by refusing immoral and illegalorders they will be supported by the people not with mere words
but by action
The American soldier must rise above the socialization that tells
them authority should always be obeyed without question Rank
should be respected but never blindly followed Awareness of the
history of atrocities and destruction committed in the name of
America either through direct military intervention or by proxy
war is crucial They must realize that this is a war not out of
self defense but by choice for profit and imperialisticdomination WMD ties to AI Qaeda and ties to 9 11 never
existed and never will The soldier must know that ournarrowlyand questionably elected officials intentionally manipulated the
evidence presented to Congress the public and the world to
make the case for war They must know that neither Congress
nor this administration has the authority to violate the
prohibition against pre emptive war an American law that still
stands today This same administration uses us for rampant
violations of time tested laws banning torture and degradation of
prisoners of war Though the American soldier wants to do right
the illegitimacy of the occupation itself the policies of this
administration and rules of engagement of desperate field
commanders will ultimately force them to be party to war
crimes They must know some of these facts if not all in order
to act
Mark Twain once remarked Each man must for himself alone
decide what is right and what is wrong which course is patriotic
and which isn t You cannot shirk this and be a man To decide
against your conviction is to be an unqualified and inexcusable
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traitor both to yourself and to your countryBy this each and
every American soldier marine airman and sailor is responsiblefor their choices and their actions The freedom to choose is onlyone that we can deny ourselves
The oath we take swears allegiance not to one man but to a
document of principles and laws designed to protect the people
Enlisting in the military does not relinquish ones right to seek
the truth neither does it excuse one from rational thought nor
the ability to distinguish between right and wrong I was only
following orders is never an excuse
The Nuremburg Trials showed
America and the world that
citizenry as well as soldiers have
the unrelinquishable obligation to
refuse complicity in war crimes
perpetrated by their
government Widespread torture
and inhumane treatment of detainees is a war crime A war of
aggression born through an unofficial policy of prevention is a
crime against the peace An occupation violating the very
essenceof international humanitarian law and sovereignty is a
crime against humanity These crimes are funded by our tax
dollars Should citizens choose to remain silent through self
imposed ignorance or choice it makes them as culpable as the
soldier in these crimes
The Constitution is no mere document neither is it old out
dated or irrelevant It is the embodiment of all that Americans
hold dear truth justice and equality for all It is the formula for
a government of the people and by the people It is a
government that is transparent and accountable to whom they
serve Itdictates a system of checks and balances and
separation of powers to prevent the evil that is tyranny
As strong as the Constitution is it is not foolproof It does not
fully take into account the frailty of human nature Profit greedand hunger for power can corrupt individuals as much as they
can corrupt institutions The founders of the Constitution could
not have imagined how money would infect our political system
Neither could they believe a standing army would be used for
profit and manifest destiny Like any common dictatorshipsoldiers would be ordered to commit acts of such heinous nature
as to be deemed most ungentlemanly and unbecoming that of a
free country
The American soldier is not a mercenary He or she does not
simply fight wars for payment Indeed the state of the American
soldier is worse than that of a mercenary For a soldier for hire
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Thank You Lt Ehren Watada Lt Watada addresses national veterans convention
can walk away if they are disgusted by their employer s actions
Instead especially when it comes to war American soldiers
become indentured servants whether they volunteer out of
patriotism or are drafted through economic desperation Does it
matter what the soldier believes is morally right If this is a war
of necessity why force men and women to fight When it comes
to a war of ideology the lines between right and wrong are
blurred How tragic it is when the term Catch 22 defines the
modern American military
Aside from the reality of indentured servitude the American
soldier in theory is much nobler Soldier or officer when we
swear our oath it is first and foremost to the Constitution and its
protectorate the people Ifsoldiers realized this war is contrary
to what the Constitution extols if they stood up and threw their
weapons down no President could ever initiate a war of choice
again When we say Against all enemies foreign and
domestic what if elected leaders became the enemy Whose
orders do we follow The answer is the conscience that lies in
each soldier each American and each human being Our duty to
the Constitution is an obligation not a choice
The military and especially the Army is an institution of
fraternity and close knit camaraderie Peer pressure exists to
ensure cohesiveness but it stamps out individualism and
individual thought The idea of brotherhood is difficult to pull
away from if the alternative is loneliness and isolation Ifwe
want soldiers to choose the right but difficult path they must
know beyond any shadow of a doubt that they will be supported
by Americans To support the troops who resist you must make
your voices heard If they see thousands supporting me theywill know I have heard your support as has Suzanne Swift and
Ricky Clousing but many others have not Increasingly more
soldiers are questioning what they are being asked to do Yet
the majority lack awareness to the truth that is buried beneath
the headlines Many more see no alternative but to obey We
must show open minded soldiers a choice and we must give
them courage to act
Three weeks ago Sgt Hernandez from the 172nd Stryker
Brigade was killed leaving behind a wife and two children In an
interview his wife said he sacrificed his life so that his family
could survive I m sure Sgt Hernandez cherished the
camaraderie of his brothers but given a choice I doubt he would
put himself in a position to leave his family husband less and
fatherless Yet that s the point you see People like Sgt
Hernandez don t have a choice The choices are to fight in Iraq or
let your family starve Many soldiers don t refuse this war en
mass because like all of us they value their families over their
own lives and perhaps their conscience Who would willingly
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spend years in prison for principle and morality while denyingtheir family sustenance
I tell this to you because you must know that to stop this war
for the soldiers to stop fighting it they must have the
unconditional support of the people I have seen this support
with my own eyes For me it was a leap of faith For other
soldiers they do not have that luxury They must know it and
you must show it to them Convince them that no matter how
long they sit in prison no matter how long this country takes to
right itself their families will have a roof over their heads food
in their stomachs opportunities and education This is a dauntingtask It requires the sacrifice of all of us Why must Canadians
feed and house our fellow Americans who have chosen to do the
right thing We should be the ones taking care of ourown Are
we that powerless are we that unwilling to risk something for
those who can truly end this war How do you support the troops
but not the war By supporting those who can truly stop it let
them know that resistance to participate in an illegal war is not
futile and not without a future
I have broken no law but the code of silence and unquestioning
loyalty If I am guilty of any crime it is that I learned too much
and cared too deeply for the meaningless loss of my fellow
soldiers and my fellow human beings If I am to be punished it
should be for following the rule of law over the immoral orders of
one man If I am to be punished it should be for not acting
sooner Martin Luther King Jr once said History will have to
record that the greatest tragedy of this period was not the
strident clamor of the bad people but the appalling silence of the
good people
Now Im not a hero I am a leader of men who said enough is
enough Those who called for war prior to the invasion compared
diplomacy with Saddam to the compromises made with Hitler I
say we compromise now by allowing a government that uses
war as the first option instead of the last to act with impunity
Many have said this about the World Trade Towers Never
Again I agree Never again will we allow those who threaten
ourway of life to reign free be they terrorists or elected
officials The time to fight back is now the time to stand up and
be counted is today
I ll end with one more Martin Luther King Jr quote
One who breaks an unjust law that conscience tells him is
unjust and who willingly accepts the penalty of imprisonment in
order to arouse the conscience of the community over its
injustice is in reality expressing the highest respect for law
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Thank you and bless you all
The only thing Watada said that I would
disagree with is that he claimed that he is
not a hero He is a leader yet again by
taking this stance And he may never know
how many lives he has already touched
Today it is up to the anti war movement to
make sure his leadership touches as many
soldiers lives in Iraq as possible Watada is
making his stand He needs continued
support
Page 7 of 7
Pres David Cline
As he said if more American soldiers in Iraq know that they along with their
families will be supported if they stand up against this illegal occupation
countless more will follow and this repulsive war will end
Dahr Jamail is an independent journalist who has reported for
the Guardian the Independent and the Sunday Herald He now
writes regularly for Inter Press Service and Truthout
Prey
Back
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Thank You Lt Ehren Watada Lt Watada s mother asks for your support
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June 27 National Day of
Action to Stand Up with
Lt Watada reports
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Lt Watada s mother asks for your support JBy Carolyn Ho Ehren s mom
August 15 2006
Dear Fellow Americans and Citizens of the
International Community I am the mother of Lt
Ehren Watada an officer stationed at Ft Lewis
He was part of a Stryker brigade unit that
deployed to Iraq on June 22nd On that fateful day he quietly defied the
movement order and chose not to board the plane with his men Despite
unrelenting pressure to conform from the day he submitted his request for
discharge in January 2006 to the day of deployment he remained true to his
conviction He believed that he could support his men best by not leading them
into an illegal war and occupation that had already claimed countless Iraqi and
American lives He believed that he could serve them by taking a stand against
the war rather than an being an accomplice in a policy that uses our troops for
immoral unethical purposes
Through rigorous scrutiny of the facts gleaned through research and
consultation with experts inside and outside of the military and the structures of
government he concluded 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 nothing but deception and lies to make the case for
pre emptive war He realized that he had not relinquished the freedom to choose
what is right and that the freedom to choose what is right transcends the
allegiance to man and institutions
As an officer his duty is to support and defend the US Constitution against
enemies foreign and domestic and to obey only lawful orders In refusing to
deploy to Iraq Lt Watada fulfilled his duty In response the military chargedhim with missing movement contemptuous remarks against the president and
behavior unbecoming to an officer Taken together these charges amount to 7
years in a military prison
As a mother I have taken the first step in a journey of a thousand miles My
son s decision raised to my awareness the disconnect between what I had taught
him and what I was really willing to have him do Initially the moment of truth
stared me down and I honestly could not find words to justify that self
centered protective response that whispered Not my son Let someone else s
son be a hero Needless to say this experience became a life changing event I
have nothing but admiration and respect for the course my son has chosen He
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On June 22 U
Lieutenant Ehl
became the firs
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Iraq War and c
Lt Watada has
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towards Presit
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On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was adl
For the first tim
the military is p
objector for his
faces over eigt
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Help Lt Watac
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including donat
Watada s defe
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Thank You Lt Ehren Watada Lt Watada s mother asks for your support
Play Video
Message to supporters
has my unconditional support
I invite you to affirm your support of Lt Ehren Watada now during his pre trial
hearing on Aug 17th and 18th and into the future Whether or not he is
permitted to submit evidence supporting his refusal to deploy and his first
amendment rights remains to be seen Nevertheless the military must know
that the world is watching and that justice must be served
On August 16th National Day of Education groups nationally and internationallyare asked to conduct teach ins to address the illegality and immorality of the
Iraq war and occupation and the message Lt Watada conveys Instruction and
dialog can be conducted in schools homes churches community centers etc In
addition rallies bannering vigils etc will be held at Ft Lewis and throughoutthe US and abroad This is an opportunity to raise consciousness to empower
and to inspire the masses to action
Join us in laying the groundwork for mass mobilization and civil disobedience
during the court martial
For updates on news and actions regarding Lt Watada for a downloadable tool
kit to assist you in conducting a teach in on August 16th National Day of
Education for posters leaflets T shirts and instructions for making a donation
toward the Lt Watada s legal defense fund please refer to the official web site
www thankyoultorg
Peace and Gratitude
Carolyn Ho Ehren s Mom
Prey Next
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June 27 National Day of
Action to Stand Up with
Lt Watada reports
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Iraq combat vets explain support for LtWatada
By Sarah Olson truthout org
August 16 2006
Clifton Hicks was looking for a body
Specifically the Army tank driver was
fumbling about in the dark looking for and
failing to find the remains of the Iraqis who
moments before had been firing on his tank
When Hicks s flashlight swept the ground
around his feet he realized he was standing in the remains of a man LiterallyHis boots wedged between the rib cage and the pelvis blood and human organs
squishing out from beneath the souls of his shoes
It s this experience and others like it that made Hicks question the war in Iraq It
also compelled him to support US Army First Lieutenant Ehren Watada the
highest ranking member of the military to publicly refuse to deploy to Iraq
28 year old Lieutenant Watada disobeyed deployment orders on June 22nd
several weeks after announcing his opposition to the war at a press conference
He is charged with six violations of the Uniform Code of Military Justice one
count of missing troop movement two counts of speaking contemptuouslytoward officials and three counts of conduct unbecoming an officer and a
gentleman An Article 32 hearing is scheduled forThursday August 17th to
decide whether to proceed with a general court martial If tried and convicted
Lieutenant Watada could face over 7 years in prison
GI resistance is a growing trend
The Army would like to depict Lieutenant
Watada as a lone military voice of dissent a
renegade upon whom enlisted men and
officers alike look with scorn and derision
But Clifton Hicks is joining a growing number
of Iraq war combat veterans who support the
Lieutenant And he says for every veteran
who supports Lieutenant Watada publiclythere are possibly hundreds more who feel
they cannot speak out
Clifton Hicks
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ThankYoul
On June 22 U
Lieutenant Ehl
became the firs
officer to publici
deployment tc
Iraq War and
Lt Watada has
charged with c
towards Presil
conduct unbeco
and a gentlema
movement
On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was ad
For the first tim
the military is p
objector for his
faces overeigt
prison over si
Amendment SpE
Help Lt Watac
on trial Your s
including donat
Watada s defe
urgently needec
10 3 2006
Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada
Play Video
Message to supporters
Geoffrey Millard is a sergeant in the Army National Guard and has no problem
speaking publicly or supporting Lieutenant Watada He spent eight years in the
military and was in Iraq between 2004 and 2005 He says GI resistance is a
growing trend American GIs are beginning to respect the Nuremberg principles
They are resisting orders they are going to jail going to Canada and going
AWOL And they re talking about why they re doing it
When he was ordered to deploy Millard says he didn t know how to resist the
war Lieutenant Watada hadn t come forward I didn t know about Camilo
Mejia This he says is the importance of Lieutenant Watada s public opposition
to the war Itshows military personnel who disagree with the Iraq war another
path
Millard says it s important that leaders like Lieutenant Watada are supported the
brutality and duration of the US occupation demand it He remembers a day
during his tour of duty when a soldier opened fire on a car killing an entire
family During the evening briefing the commanding colonel said If these
fucking Hajjis would learn to drive this shit wouldn t happen This is one of
countless examples Millard has of the dehumanization accompanying the Iraqwar This person wiped out an entire bloodline and the colonel implied it was
the victims fault using language designed to offend and demean them
We were conditioned to hate them
Army tank driver Clifton Hicks says the military presence in Iraq is clearly not
making a difference for the Iraqi people We didn t care about Iraqis because
we were conditioned to hate them He says he knows from experience that
Lieutenant Watada s belief that the war is illegal and immoral is the correct
position
Hicks is haunted by his activity in Iraq He talks about what he calls the
wedding party incident His unit was on patrol when they heard shootingbetween US armed forces and what they thought were Iraqi insurgents While
Hicks prepared to go house to house in search of the enemy what he discovered
instead was a wedding Some of the men had been shooting rifles into the air as
is customary during family parties and celebrations Three people from the
wedding were shot a six year old girl was killed When the platoon sergeant
called the command center to report the incident all they said to us was
Charlie Mike a stupid Army acronym for continue mission
No one spoke of the incident and it was like it never happened What struck me
most was just how callous we had become I didn t even care myself Sure some
Iraqi kid had been killed big deal It s like seeing a dead dog on the side of the
road Hicks said he had no thoughts of shame or regret no thoughts of the
girl s mother or friends
We hated them and were happy to have killed one For as long as I can
remember I ve been taught to fear and mistrust Arabs That s how those kids on
the news were able to rape the 14 year old girl shoot her in the face and kill
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Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada
her whole family They just didn t care they still don t care they couldn t make
themselves care if they tried Every soldier on the frontlines is capable of that or
worse
Hicks eventually filed for and received conscientious objector status He wants
the US to withdraw from Iraq immediately and is convinced Lieutenant Watada
is taking the only honorable and patriotic action available in the face of what he
calls an unjust and illegal war The only way to be a patriot is to be against the
war Thomas Jefferson would pat me and Lieutenant Watada on the back
I feel guilt all the time about what I contributed
Indiscriminate violence is only one of the reasons Prentice Reid supports
Lieutenant Watada Reid was in the Army Infantry for one tour in Iraq between
March of 2002 and 2003 He was honorably discharged in May of 2005 and is
now a student at Central Texas College near Ft Hood Texas To Lieutenant
Watada he writes I only hope all of us can find the balls to stand up fortruth
when the time comes You risked not only your reputation but also potentially
your freedom for truth and for this we all salute you sir
Reid says he questioned the war from the beginning but his doubts deepenedwhen he arrived in Iraq The entire war was a sham from the beginning Reid
says There were no WMDs No connection to Osama bin Laden I m over there
thinking we have an enemy but this is contradicted every day by what Im
seeing as I drive around
Reid was a truck driver in Iraq and one of his responsibilities was to transport
Iraqi prisoners to US run prisons I would see how they were treated there was
so much abuse There was no restroom for them and they had to urinate and
defecate on themselves Reid says most were later released without charges
having been filed against them
The longer we were there the more things deteriorated There was tighter
security more check points Things were not rebuilt I wish I had had the
courage and the platform to speak out Reid says I have insomnia I have
nightmares I feel guilt all the time about what I contributed
Reid says families and communities are destroyed due to the length of time
troops are required to spend in Iraq and their insufficient medical treatment
when they return He says he s put his own wife and daughter through hell He
doesn t want others to experience this type of trauma and believes that leaders
like Lieutenant Watada are taking an important and necessary step toward
ending the war He says that rather than feeling betrayed by Lieutenant
Watada s actions he feels encouraged and supported
Lieutenant Watada speaks for me
An active duty Army specialist who has asked to use only his initials DP
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stationed at Ft Stewart Georgia joined the Army in April of 2003 He was
injured during training but expects to join his unit in Afghanistan in February of
2007 At Ft Stewart he s escorted war resisters to their court martial and is
generally sympathetic But it s different for a Lieutenant to make this kind of
stand he says To see an officer who recognizes that something is wrong and
who would take that kind of heat I really respect that
When he joined the Army DP believed in what was happening in Iraq When I
learned there were no WMDs I was pretty disappointed in the military
intelligence the analysts and everyone who swore up and down that this was a
necessary pre emptive strike he says As the US armed forces mission in Iraqdisappears DP says new goals are put in place The goal of finding weapons of
mass destruction turned into the military overthrow of Saddam Hussein as the
objective After Hussein was detained the military was to help stabilize Iraq
Our mission isn t clear and keeps shifting I feel like a puppet
Over the phone you can hear DP talking to his son He and his wife are also
expecting twins He says that while he doesn t support the Iraq war protestingisn t an option for him I don t have the financial freedom to protest the war
Lieutenant Watada is speaking for me DP is the only member of his family with
a paying job and with twins on the way he doesn t feel he can risk going to
prison But DP says the anti war protests are important We in the militarydon t have free speech Ifyou ve got a problem with the government you need
to be able to tell them
DP says he got in trouble recently for talking about Lieutenant Watada His
commanding officers told him that as long as he was in the military and wearingthe military uniform he needed to keep a low profile and not voice anti
government opinions
Regretting participation in the war or something
It takes real courage to resist the war
says Cloy Richards a former artillerycannoneer for the Marines I was afraid to
not go afraid to say no I took the easy way
out and went to the war It takes way more
bravery to say no
Cloy Richards
Corporal Richards did two tours of duty in
Iraq between March and October of 2003 and again between March and
October of 2004 Like so many in the military his initial support for the invasion
began to disintegrate as the occupation lengthened and became more brutal
I was in the artillery unit I saw a lot of civilian casualties says Richards who
has seven nephews and one niece I love kids he says And his views of the
Iraq war began to change as he saw Iraqi children die He particularlyremembers watching some kids play with unexploded ammunition When it
exploded several of them were killed and several more were disfigured Itwas
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kind of like everything else over there I just shoved it to the back of my mind
somewhere and forgot about it Except that Richards couldn t actually forget
Richards has a hard time forgetting other experiences in Iraq as well For
example the first time he was ambushed on March 25th 2003 My
commanding officer lost his hand that day Richards remembers But he
wrapped cloth around the remaining portions of his arm and lecf us into battle
By his second tour of duty Richards says he didn t want to fight The reason he s
speaking out now he says is not because he has some kind of agenda It s justthat Ive been there Ive seen it I feel sorry and am trying to make amends for
all the bad things Ive been a part of I should have said no the second time
when my heart and my mind were telling me not to go
This guilt is part of the reason Richards says it s so important for the people like
Lieutenant Watada to take the lead As an officer he lends more credibility to
anti war sentiments among the troops The Lieutenant is leading by exampleand this is taken very seriously An officer s example is what we are supposed to
follow It s only now Richards says that he s found an example that he wants
to follow
Listening to the troops
Geoffrey Millard the a year Army National
Guard veteran is quick to point out that not
any single story is conclusive Each member
of the military has something to tell that
folks back in the states can learn from Each
of these stories means something he says
The experiences and the expertise of Iraq
war veterans are missing from the media
coverage of the Iraq war When we turn on the evening news we don t ever
hear about a GIs experience This leads to a skewed and unrealistic impressionof the war Millard says that if the Iraq war veterans opinions and experience
were valued the Army would be forced to uphold Lieutenant Watada as a hero
rather than attempt to put him in prison
For now there are dozens of members of the military who publicly support
Lieutenant Watada There are likely hundreds more who are watching anxiouslyin silence waiting for an outcome in Lieutenant Watada s case They all say theyview him as a true war hero and believe in his efforts to end the Iraq war They
say he is fighting for what they believe in and for that they are grateful In
Army parlance they might say Charlie Mike continue mission
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Lt Watada with Iraq Veterans Against the War
Sarah Olson is an independent journalist and radio producer based inOakland
California
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June 27 National Day of
Action to Stand Up with
Lt Watada reports
v
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United Nations former Undersecretary Gentakes stand for Lt Watada at military hearing
Q @
Ft Lewis Washington On August 17th
U S Army First Lieutenant Ehren K Watada
the first commissioned officer to publiclyrefuse to deploy to Iraq appeared before a
military court for the first hearing of a case
that raises core Constitutional issues about
the legality of the Iraq war freedom of
speech and the limits of presidential power
l tf
Defense witnesses Prof
Francis Boyle Dennis Halliday
Army Col Ann Wright ret
Watada s civilian counsel Eric A Seitz of Honolulu called expert witnesses
including former United Nations Undersecretary Denis Halliday University of
Illinois Professor Francis Boyle an international law expert and U S ArmyColonel Ann Wright ret that supported Lt Watada s contentions that the
invasion of Iraq violated domestic and international law and that high level
policies and rules of engagement permit encourage and condone the
commission of war crimes in Iraq
Watada announced his intention to refuse to deploy to Iraq in June explainingIt is my conclusion as an officer of the armed forces that the war in Iraq is not
only morally wrong but a horrible breach of American law The war and what
we re doing over there is illegal
He has since been charged with three counts of conduct unbecoming an officer
and a gentleman two counts for the same statements of contempt towards
officials specifically President G W Bush and one count of missing movement
If found guilty of all charges Lt Watada faces over seven years in confinement
He faces over five years imprisonment forsimply expressing his opinion that
President Bush misled the American people into an illegal war The one dayArticle 32 hearing on August 17th was similar to a civilian grand jury hearing
Before the hearing Lt Watada s lead civilian lawyer Eric Seitz declared The
defense will prove not only that what Lt Watada said about the war is true but
that as an officer in the United States Army he was duty bound to learn the truth
about this war and having done so to refuse to carry out orders to participate in
it
For its part the military requested that two civilian journalists appear for the
prosecution Neither Gregg K Kakesako of the Honolulu Star Bulletin nor
Oakland based Sarah L Olson of Truthout org did so voluntarily However the
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ThankYoul
On June 22 U
Lieutenant Ehl
became the firs
officer to publici
deployment tc
Iraq War and
Lt Watada has
charged with c
towards Presil
conduct unbeco
and a gentlema
movement
On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was ad
For the first tim
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objector for his
faces overeigt
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military will have subpoena power during the actual court martial and requirestheir testimony to confirm Lt Watada s speech crimes
On August 16th 300 supporters converged on Ft Lewis to demand that Lt
Watada not be court martialed for fulfilling his obligation under international law
to refuse illegal orders Supporters national and internationally also participatedin a Day of Education to study and publicly pose the question Is the Iraq War
illegal
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Star Bulletin AP Friends and Family of Lt
Watada media advisory below
Ft Lewis WA Yesterday the defense for Lt Watada has succeeded in placingthe war in Iraq on trial
We appreciated the opportunity to lay the groundwork to prove that the war in
Iraq is illegal and that Lt Watada coming to this conclusion after much
research was duty bound to refuse to participate Eric Seitz civilian counsel for
Lt Watada said This case is really about the duty of individual soldiers to look
at the facts and fulfill their obligation to national and international law he said
The Article 32 hearing closed today at 2 00 p m Investigating Officer Lieutenant
Colonel Mark Keith will release a recommendation within the next few days
regarding whether to refer Lt Watada for court martial and for which charges
Despite frequent objections from the prosecution LTC Keith allowed the defense
to present evidence about the illegality of the war in Iraq Approximately three
hours of the four hour hearing were devoted to testimony by former United
Nations Undersecretary Denis Halliday Army Colonel Ann Wright ret who
resigned in March 2003 to protest the invasion of Iraq and University of Illinois
Professor Francis Boyle an international law expert
The defense submitted documents into evidence including an amicus brief filled
by the American Civil Liberties Union the Charterof the United Nations The War
Crimes Act a German high court ruling in favor of a soldier who refused to
participate in the Iraq war and letters of support from organizations and
prominent individuals including Representative Neil Abercrombie of Hawaii
Two journalists who the prosecution intends to subpoena as witnesses for the
court martial should it occur did not appear at the Article 32 hearing for which
the prosecution lacks subpoena powers
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Page 1 of 2
ThankYoul
On June 22 U
Lieutenant Ehl
became the firs
officer to publici
deployment tc
Iraq War and c
Lt Watada has
charged with c
towards Presic
conduct unbeco
and a gentlemamovement
On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was ad
For the first tim
the military is p
objector for his
faces overeigt
prison over sl
Amendment SpE
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Lt Ehren Watada left walks with his father Bob Watada his
stepmother Rosa Sakanishi and attorney Eric Seitz during a
break in an Army hearing on Watada s refusal to deploy to Iraq
August 18 2006 Photo Associated Press
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Iti J t
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Court brief by Historians Against the War andthe American Friends Service Committee Q1lje
If Lt Watada refuses to take part in the
combat activity of his unit he may endanger the
lives of his fellow soldiers as well as his own life
If he obeys now and grieves later the war
crimes will likely be consummated long before
the protest can be resolved Perhaps the soldier
perceives not a single war crime but a pattern of seriousmisconductThe
decision in Lieutenant Watada s case will be consequential not just for him but
for thousands of other United States service persons who may find themselves
faced with the same dilemma
View complete amici curiae court brief PDF
BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WAR AND
AMERICAN FRIENDS SERVICE COMMITTEE IN SUPPORT OF FIRST
UEUTENENT EHREN K WATADA
TABLE OF CONTENTS
STATEMENT OF INTEREST OF AMICI
I INTRODUCTION
II THE NUREMBERG PRECEDENT
A The Defense Of Superior Orders Rejected
B Aggressive War Is A Crime Under International Law No Matter
Which Nation May In Future Commit That Crime
C International Law Takes Precedence Over National Law
III THE NUREMBERG PRECEDENT IN UNITED STATES COURTS AND MIUTARY
TRIBUNALS
A David Mitchell And The Fort Hood Three
B Howard Levy
http thankyoultli ve radicaldesigns orgcontentview11891
7
Li
ThankYoul
On June 22 U
Lieutenant Ehl
became the firs
officer to publici
deployment tc
Iraq War and
Lt Watada has
charged with c
towards Presi
conduct unbeco
and a gentlema
movement
On August 24 t
pre trial hearin
recommended c
martial on all
September 15
charge was adl
For the first tim
the military Is p
objector for his
faces overeigt
prison over si
Amendment SpE
Help Lt Watac
on trial Your s
including don at
Watada s defe
urgently needec
ij1 ij indj A
10 22006
Ii I
Thank You Lt Ehren Watada Court briefby Historians Against the War and the Americ Page 2 of 4
Play Video
Message to supporters
C After Vietnam
IV CONCLUSION
STATEMENT OF INTEREST OF AMICI
Historians Against the War HAW was formed early in 2003 at a meeting of the
American Historical Association To date HAW s activities have included
successfully sponsoring resolutions at professional gatherings of historians
favoring protection of free speech about the war on college campuses
development of a bibliography on the Gulf wars and a pamphlet series on such
topics as war resistance in American history and torture
The American Friends Service Committee AFSC is a practical expression of the
faith of the Religious Society of Friends Quakers AFSC was founded in 1917 to
provide conscientious objectors an opportunity to serve those in need instead of
fighting during World War I Committed to the principles of nonviolence and
justice AFSC seeks in its work and witness to draw on the transforming power of
love human and divine AFSC regards no person as an enemy While AFSC
opposes specific actions and abuses of power its programs seek to address the
goodness and truth in each individual AFSC seeks and trusts the power of the
Spirit to guide the individual and collective search for truth and practical action
In 1947 AFSC received the Nobel Peace Prize with the British Friends Service
Council on behalf of Friends worldwide The AFSC is directed by a Quaker board
and staffed by Quakers and other people of faith who share the Friends desire
for peace and social justice The organization operates programs across the
United States and on four other continents
I INTRODUCTION
As amici understand the posture of this case Lt Ehren K Watada has refused
deployment to Iraq and court martial proceedings are imminent
Amici understand further that Lt Watada is not a conscientious objector because
he does not object to war in any form and is willing to serve in other wars He
takes issue with the legality and morality of the war in Iraq the deceptions that
led to the unilateral United States invasion and the conduct of the war including
blockades of cities indiscriminate assaults on homes and businesses detention
and torture of prisoners and the like Lt Watada believes that if he were to
serve in Iraq and lead men into battle there he would be committing and
supporting the commission of war crimes and therefore he has concluded that is
something he cannot do in good conscience and consistent with the oath of office
he swore when he accepted his commission
Judging from its pretrial pleading in the cases of United States v SSG MejiaCastillo and United States v Sergeant Kevin Benderman Second Judicial
District United States Army the Army will predictably assert 1 arguments
that the war in Iraq is illegal and or that the President lacked authority to initiate
http thankyoult1ive radicaldesigns orgcontentview 189
Posters t sh
and
10 22006
I
Thank You LtEhren Watada Court briefby Historians Against the War and the Americ Page 3 of4
the war are barred by the political question doctrine and 2 Lieutenant
Watada s personal philosophy and his beliefs concerning Operation Enduring
Iraqi Freedom are irrelevant and evidence of this sort should be excluded
Amici submit that the Army misconceives a central issue That issue is Under
the Nuremburg Principles as incorporated by the United States Army in US Army
Field Manual The Law of Land Warfare FM 27 10 1956 does Lieutenant
Watada have a good faith and reasonable belief that he would be ordered to
commit war crimes and that such orders would be likely to continue
Accordingly this case presents the dilemma faced by a soldier who in the midst
of a military campaign confronts what reasonably appear to him to be orders to
commit war crimes
What is he to do
There appear to be no good solutions
If he refuses to take part in the combat activity of his unit he may endanger the
lives of his fellow soldiers as well as his own life
If he obeys now and grieves later the war crimes will likely be consummated
long before the protest can be resolved
Perhaps the soldier perceives not a single war crime but a pattern of serious
misconduct Indeed he may conclude that his country is engaged in what the
United States at Nuremberg insisted should be viewed as the principal war
crime a war of aggression or crime against peace
What then
Should the soldier be required to continue to take part in what he believes in
good faith to be a pattern of criminality until months later the status of his
protest is decided
Amici believe that all these questions are posed by Lieutenant Watada s
experiences
The decision in Lieutenant Watada s case will be consequential notjust for him
but for thousands of other United States service persons who may find
themselves faced with the same dilemma
Read complete amici curiae court brief PDF
Prey Next
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http thankyoultli ve radicaldesigns orgcontentview11891 10 22006
UNITED STATES
V
FIRST LIEUTENANT EHREN K WATADA
BRIEF ON BEHALF OF AMICICURIAE HISTORIANS AGAINSTTHE WAR AND AMERICANFRIENDS SERVICE COMMITTEE
BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WARAND AMERICAN FRIENDS SERVICE COMMITTEE
IN SUPPORT OF FIRST LIEUTENENT EHREN K WATADA
TABLE OF CONTENTS
STATEMENT OF INTEREST OF AMICI
I INTRODUCTION
II THE NUREMBERG PRECEDENT
A The Defense Of Superior Orders Rejected
B Aggressive War Is A Crime Under International Law NoMatter Which Nation May In Future Commit That Crime
C International Law Takes Precedence Over National Law
III THE NUREMBERG PRECEDENT IN UNITED STATES COURTS ANDMILITARY TRIBUNALS
A David Mitchell And The Fort Hood Three
B Howard Levy
C After Vietnam
IV CONCLUSION
II
STATEMENT OF INTEREST OF AMICI
Historians Against the War HAW was formed early in 2003 at
a meeting of the American Historical Association To date HAW s
activities have included successfully sponsoring resolutions at
professional gatherings of historians favoring protection of free
speech about the war on college campuses development of a
bibliography on the Gulf wars and a pamphlet series on such
topics as war resistance in American history and torture
The American Friends Service Committee AFSC is a practical
expression of the faith of the Religious Society of Friends
Quakers AFSC was founded in 1917 to provide conscientious
objectors an opportunity to serve those in need instead of
fighting during World War I Committed to the principles of
nonviolence and justice AFSC seeks in its work and witness to
draw on the transforming power of love human and divine AFSC
regards no person as an enemy While AFSC opposes specific
actions and abuses of power its programs seek to address the
goodness and truth in each individual AFSC seeks and trusts the
power of the Spirit to guide the individual and collective search
for truth and practical action
In 1947 AFSC received the Nobel Peace Prize with the British
Friends Service Council on behalf of Friends worldwide The AFSC
is directed by a Quaker board and staffed by Quakers and other
people of faith who share the Friends desire for peace and
social justice The organization operates programs across the
United States and on four other continents
1
2
I INTRODUCTION
As amici understand the posture of this case Lt Ehren K
Watada has refused deployment to Iraq and court martial
proceedings are imminent
Amici understand further that Lt Watada is not a
conscientious objector because he does not object to war in any
form and is willing to serve in other wars He takes issue with
the legality and morality of the war in Iraq the deceptions
that led to the unilateral United States invasion and the
conduct of the war including blockades of cities indiscriminate
assaults on homes and businesses detention and torture of
prisoners and the like Lt Watada believes that if he were
to serve in Iraq and lead men into battle there he would be
committing and supporting the commission of war crimes and
therefore he has concluded that is something he cannot do in good
conscience and consistent with the oath of office he swore when
he accepted his commission
Judging from its pretrial pleading in the cases of United
States v SSG Mejia Castillo and United States v Sergeant Kevin
Benderman Second Judicial District United States Army the
Army will predictably assert 1 arguments that the war in Iraq
is illegal and or that the President lacked authority to initiate
the war are barred by the political question doctrine and 2
Lieutenant Watada s personal philosophy and his beliefs
concerning Operation Enduring Iraqi Freedom are irrelevant and
evidence of this sort should be excluded
3
Amici submit that the Army misconceives a central issue
That issue is Under the Nuremburg Principles as incorporated
by the United States Army in US Army Field Manual The Law of
Land Warfare FM 27 10 1956 does Lieutenant Watada have a good
faith and reasonable belief that he would be ordered to commit
war crimes and that such orders would be likely to continue
Accordingly this case presents the dilemma faced by a
soldier who in the midst of a military campaign confronts what
reasonably appear to him to be orders to commit war crimes
What is he to do
There appear to be no good solutions
If he refuses to take part in the combat activity of his
unit he may endanger the lives of his fellow soldiers as well as
his own life
If he obeys now and grieves later the war crimes will
likely be consummated long before the protest can be resolved
Perhaps the soldier perceives not a single war crime but a
pattern of serious misconduct Indeed he may conclude that his
country is engaged in what the United States at Nuremberg
insisted should be viewed as the principal war crime a war of
aggression or crime against peace
What then
Should the soldier be required to continue to take part in
what he believes in good faith to be a pattern of criminality
until months later the status of his protest is decided
Amici believe that all these questions are posed by
4
II
Lieutenant Watada s experiences
The decision in Lieutenant Watada s case will be
consequential not just for him but for thousands of other
United States service persons who may find themselves faced with
the same dilemma
5
u
II THE NUREMBERG PRECEDENT
For the past half century the verdicts at Nuremberg in
trials of German leaders after World War II have provided the
fundamental standards by which alleged war crimes are to be
assessed
The Charter of the International Military Tribunal IMT
identified three kinds of war crimes
a Crimes against peace namely planning preparationinitiation 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 the accomplishment of any of the
foregoingb War crimes namely violations of the laws or customs
of war Such violations shall include but not belimited to murder ill treatment or deportation toslave labor or for any other purpose of civilianpopulation of or in occupied territory murder or illtreatment of prisoners of war or persons on the seas
killing of hostages plunder of public or privateproperty wanton destruction of cities towns or
villages or devastation not justified by militarynecessity
c Crimes against humanity namely murderextermination enslavement deportation and otherinhumane acts committed against any civilian
population before or during the war or persecutionson political racial or religious grounds in executionof or in connection with any crime within the
jurisdiction of the Tribunal whether or not inviolation of domestic law of the country where
perpetrated1
IThe Charter was part of the Treaty of London Aug 8 194559 Stat 1544 which established an International Military
Tribunal The Nuernberg Case as Presented by Robert H JacksonChief Of Counsel for the United States New York Cooper SquarePublishers 1971 pp 22 23 The first session of the generalassembly of the United Nations unanimously affirmed the principlesof international law in the Charter and directed theInternational Law Commission to formulate them into an
International Criminal Code Res 95 1 Dec 11 1946 Thetext of the Charter may be found in Michael R Marrus The
Nuremburg War Crimes Trial 1945 46 A Documentary History
6
Apart from the definition of war crimes three principles
set forth in the Charter are of particular importance here
The first is that the defense of superior orders2
is
expressly rejected
The second is that aggressive war is a crime no matter what
nation may commit it
The third is that international law must take precedence
over the law of any particular nation
A The Defense Of Superior Orders Rejected
Article 8 of the Charter specified The fact that the
defendant acted pursuant to order of his Government or of a
superior shall not free him from responsibility but may be
considered in mitigation of punishment if the Tribunal determines
Boston Bedford Books 1997 pp 51 55
2This was later often called the Eichmann defense inreference to the spectacular trial of Adolf Eichmann in Jerusalemin 1961 Eichmann had been head of the Jewish Affairs Section ofthe Reich Security Head Office and was viewed as one of those
chiefly responsible for the attempted final solution of theJewish question Eichmann s defense rested in part on the claimthat he had acted on superior orders and moreover under duressthat left him no moral choice The Israeli court rejected this
argument holding that the accused closed his ears to the voiceof conscience The court quoted the judgment of a District
Military Court following the IMT that if an order was manifestlyunlawful it cannot be used as an excuse Cited in Robert K
Woetzel The Nuremberg Trials in International Law with a
Postlude on the Eichmann Case New York Praeger 1962 p 269The Court of Appeals in Eichmann s case further concluded in 1962that the appellant had received no superior orders at all Hewas his own superior and he gave all orders in matters thatconcerned Jewish affairs Cited in Hannah Arendt Eichmannin Jerusalem New York Viking Press 1963 p 227
7
that justice so requires 3
Nevertheless several of the defendants in the Trial of the
Major War Criminals and many defendants in subsequent trials used
the argument of superior orders to defend themselves The
Judgments of the International Military Trubunal IMT rejected
this defense in all cases generally on the ground that the
Charter prohibited it In some cases the defense was rejected
even for the purpose of mitigating a sentence For example in
the case of Wilhelm Keitel Chief of the High Command of the
Armed Forces directly under Hitler the Tribunal concluded
There is nothing in mitigationsoldier cannot be considered in
shocking and extensive have been
ruthlessly and without military
Superior orders even to a
mitigation where crimes as
committed consciouslyexcuse or justification
4
Similarly the defense of superior orders was rejected without
mitigation in the case of Alfred JodI
There is nothing in mitigation Participation in such war
crimes as these has never been required of any soldier and
he cannot now shield himself behind a mythical requirementof soldierly obedience at all costs as his excuse for
commission of these crimes 5
Article 8 of the Charter was extended essentially unchanged
to the prosecution of war crimes throughout occupied Germany by
3Marrus The Nuremburg War Crimes Trial p 53
4Trial of the Major War Criminals before the International
Military Tribunal Nuremburg 14 November 1945 1 October 1946
hereafter TMWC Nuremburg Secretariat of the Tribunal 1948
v XXII p 536
5TMWC v XXII p 571
8
Article II 4 b of Control Council Law No 10 6 Numerous trials
conducted under the authority of the four occupying powers in
accord with this law built up a substantial body of judicial
opinion on the inadmissibility of the defense of superior
orders which was drawn upon in the later trial of Adolf
Eichmann see note 2 above In the opinion of Telford Taylor
who served at Nuremberg as Chief of Counsel for war crimes and
chief prosecutor the major legal significance of the Law No 10
trials lay in those portions of the judgments dealing with the
area of personal responsibility for international law crimes 7
B Aggressive War Is A Crime Under International Law No MatterWhat Nation May Commit That Crime
The nations which framed the Charter the judges of the
Tribunal and in particular the representatives of the United
States considered that henceforth the crimes defined at
Nuremberg should apply to all nations including those that
conducted the trials Among these crimes was the crime against
peace of aggressive war
Robert Jackson Associate Justice of the United States
Supreme Court and Chief Counsel for the United States during the
Nuremberg proceedings reported that the definition of aggressive
war occasioned the most serious disagreement at the conference
6Telford Taylor Final Report to the Secretary of the Army on
the Nuernberg sic War Crimes Trials under Control Council LawNo 10 Washington D C U S Government Printing Office 15
August 1949 esp pp 6 9 250 53
7Id p 109 emphasis by Taylor
9
which drafted the Charter Jackson stated that the United States
declined to recede from its position even if it meant the
failure of the Conference He described the conflict as
follows
The Soviet Delegation proposed and until the last meetingpressed a definition which in our view had the effect of
declaring certain acts crimes only when committed by theNazis The United States contended that the criminalcharacter of such acts could not depend on who committedthem and that international crimes could only be defined inbroad terms applicable to statesmen of any nation guilty ofthe proscribed conduct 8
Telford Taylor corroborates Jackson s account According to
Taylor the definition of the crimes to be charged was an
important question of principle which at first appeared to be
intractable The Soviets Taylor says wanted to charge the
Nazi leaders with a ggression against or domination over other
nations carried out by the European Axis The Soviets
were willing to define war crimes and crimes against humanity
as violations of international law no matter by whom committed
But the Russians and the French resisted creating a new
crime of aggressive war9
8Report of Robert H Jackson United States Representative to
the International Conference on Military Trials New York AMSPress 1949 pp vii viii
9Telford Taylor The Anatomy of the Nuremberg Trials New
York Alfred A Knopf 1992 pp 65 66 emphasis added
Scholarship during the past half century has confirmed the account
by Jackson and Taylor An authoritative article appearing in 2002states
the difficulties centered on whether the substantivedefinition of aggression would specify Nazi or Axisaggression the Soviet position or would define the crime
10
II
At the final meeting of the London conference the Soviet
qualifications were dropped and agreement was reached on a
generic definition acceptable to all In his Opening Statement
to the Tribunal Justice Jackson articulated the consensus
reached by the United States France Great Britain and the
Soviet Union
L et me make clear that while this law is first appliedagainst German aggressors the law includes and if it is to
serve a useful purpose it must condemn aggression by anyother nations including those which sit here now in
judgment10
Telford Taylor quoted this solemn affirmation by Justice Jackson
on the first page of Taylor s subsequent book on Nuremberg and
Vietnam11
against peace in a clean universal way that might in
another era even include American acts the Jackson
position In the end the Charter for the new
tribunal embodied Jackson s view
Jonathan A Bush The Supreme Crime and its Origins The
Lost Legislative History of the Crime of Aggressive War ColumbiaLaw Review v 102 No 8 Dec 2002 p 2369
100pening Statement for the United States Nov 21 1945 The
Nuernberg Case as Presented by Robert H Jackson Chief of Counelfor the United States New York Cooper Square Publishers 1971
p 93
11Telford Taylor Nuremberg and Vietnam An American TragedyNew York Bantam Books 1971 pp 11 12 Taylor went on to say
However history may ultimately assess the wisdom or
unwisdom of the war crimes trials one thing is indisputableAt their conclusion the United States government stood
legally politically and morally committed to the principlesenunciated in the charters and judgments of the tribunals
Taylor shows that the President of the United States thirtyor more American judges who took part in the tribunals
General Douglas MacArthur and the United States delegationto the United Nations general assembly all squarely endorsed
11
Ii
To the same effect an important modification of the
language of the Charter by Law No 10 was that the latter dropped
phraseology limiting the jurisdiction of the tribunals to persons
acting in the interests of the European Axis countries making
way for expansion of the Nuremburg Principles beyond the
immediate prosecution of agents of the defeated European powers
As Taylor wrote Nuremburg is a historical and moral fact with
which from now on every government must reckon in its internal
and external policies alike Recalling the declaration of the
Tribunal regarding the impartial application of its principles to
all Taylor wrote
We may not in justice apply to these defendants because
they are Germans standards of duty and responsibility whichare not equally applicable to the officials of the AlliedPowers and to those of all nations 12
And on the last page of his book on Nuremberg published
shortly before his death Taylor once again affirmed what he
the Nuremberg principles in one way or anotherThus the integrity of the nation is staked on those
principles and today the question is how they apply to theconduct of our war in Vietnam and whether the United StatesGovernment is prepared to face the consequences of their
applicationT he Son My My Lai courts martial are shaping
the question for us and they can not be fairly determinedwithout full inquiry into the higher responsibilitiesLittle as the leaders of the Army seem to realize it this isthe only road to the Army s salvation for its moral healthwill not be recovered until its leaders are willing toscrutinize their behavior by the same standard that theirrevered predecessors applied to Tomayuki Yamashita 25 yearsago
Id pp 94 182
12Taylor Final Report pp 234 235
12
obviously considered to be the heart of the Nuremberg
proceedings Reflecting on the growing demand in the 1990s for
the establishment of a permanent tribunal for the trial of
international crimes Taylor recalled
that the Nuremberg Tribunal had jurisdiction only over the
major war criminals of the European Axis countries
Considering the times and circumstances of its creation it
is hardly surprising that the Tribunal was givenjurisdiction over the vanquished but not the victors Manytimes I have heard Germans and others complain that onlythe losers get tried
Taylor continued
Early in the Korean War when General DouglasMacArthur s forces landed at Inchon the American and SouthKorean armies drove the Koreans all the way north to the
border between North Korea and China at the Yalu River
About a week later the Chinese attacked in force and their
opponents were driven deep into South Korea
During the brief period when our final victory appearedin hand I received several telephone calls from members of
the press asking whether the United States would try suspectNorth Koreans as war criminals I was quite unable to
predict whether or not such trials would be undertaken but
I replied that if they were to take place the tribunal
should be established on a neutral base preferably by the
United Nations and given jurisdiction to hear charges not
only against North Koreans but South Koreans and Americans
or any other participants as well
And Taylor concluded
I am still of that opinion The laws of war do not
apply only to the suspected criminals of vanquished nations
There is no more or legal basis for immunizing victorious
nations from scrutiny The laws of war are not a one waystreet
13
13Taylor Anatomy of the Nuremberg Trials p 641 The
principal author of this pleading although a vigorous opponent of
the Vietnam War took a similar position in declining to take partin the War Crimes Tribunal created by Lord Bertrand Russell See
Bush The Supreme Crime p 2393 n 224 citing StaughtonLynd The War Crimes Tribunal A Dissent Liberation v 12
Dec 1967 Jan 1968 p 76
13
It is crystal clear that after the Nuremberg trials the
United States was committed to having its own conduct judged
according to the principles of international law applied in those
proceedings
14
C International Law takes Precedence over National Law
Expansion and clarification of the Nuremburg Principles was
carried forward by the U N International Law Commission in 1950
when it adopted and codified them in broad application to
international law drawing in some cases on the judgments of the
Tribunal
Here the Commission highlighted at the outset the principle
that international law may impose duties on individuals directly
without any interposition of internal law and as a corollary
that individuals are not relieved of responsibility under
international law by the fact that their acts are not held to be
crimes under the law of any particular country The Commission
went on to point out that this implies what is commonly called
the supremacy of international law over national law and to
cite the declaration of the IMT that
the very essence of the Charter is that individuals haveinternational duties which transcend the national
obligations of obedience imposed by the individual State14
Article 8 was revised by the International Law Commission to
read
The fact that a person acted pursuant to order of hisGovernment or of a superior does not relieve him from
responsibility under international law provided a moralchoice was in fact possible to him IS
I4Principles of International Law Recognized in the Charter of
the Nuremburg Tribunal and in the Judgment of the Tribunal
adopted by the U N International Law Commission 2 August 1950U N Doc A 1316 2 Y B I L C 374 1950 Principle I par 99
Principle II par 100 102 See also TMWC v XXII pp 465466
lSId Principle IV
15
In this formulation the provision of Article 8 allowing
mitigation of punishment was dropped on the ground that the
question of mitigating punishment is a matter for the competent
court to decide rather than a matter of general principle16
At the same time the provision concerning moral choice was
added based upon the following declaration of the judgment
The provisions of this article are in conformity withthe law of all nations That a soldier was ordered to kill
or torture in violation of the international law of war hasnever been recognized as a defense to such acts of
brutality The true test which is found in varyingdegrees in the criminal law of most nations is not theexistence of the order but whether moral choice was in fact
possible17
The question was and is how is an ordinary soldier on the
battlefield supposed to act on these understandings
III THE NUREMBURG PRECEDENT IN UNITED STATES COURTS ANDMILITARY TRIBUNALS
During and after the Vietnam war United States courts and
military tribunals were asked to apply the Nuremberg Principles
to the conduct of individual soldiers The civilian judicial
system washed its hands of the issue and to use another Biblical
metaphor passed by on the other side Military tribunals were
far more forthright than their civilian counterparts in facing
the problem but did not succeed in resolving the dilemma
A David Mitchell And The Fort Hood Three
16Id Principle IV par 106
17Id 105par See also TMWC v XXII p 466
16
David Mitchell was not a pacifist and could not have
qualified for Conscientious Objector status In the summer of
1961 he writes I was involved in swimming out to protest
against and symbolically block the launching and deployment of a
nuclear armed Polaris submarine I was jailed and after being
released from jail in New London Connecticut I found
classification forms from the draft board awaiting me18
He
informed his draft board that he would refuse to cooperate with
conscription
Awaiting a response from the Selective Service system
Mitchell became aware of Fyke Farmer a Tennessee attorney who
had refused to pay taxes during the Korean war Farmer Mitchell
states had been the first to invoke the principles of Nuremburg
Law In doing so he sought not just exemption from a war he
considered immoral but a condemnation of that wrong itself
As Mitchell informed his draft board I certainly wouldn t have
worked in a Nazi concentration camp just because I would not have
to tend the ovens or the gas but could be a guard or clerk19
Mitchell surrendered to the FBI in June 1965 At trial he
raised the issue
whether a draftee ordered to report for induction in the
armed forces of the United States may lawfully refuse to
obey the order on the grounds that the government is engagedin the commission of crimes against peace war crimes and
crimes against humanity as defined by international law
l8We Won t Go Personal Accounts of War Objectors collected byAlice Lynd Boston Beacon Press 1968 pp 93 94
19Id 94 97pp
17
II
recognized by the Charter and Judgment of the NurembergTribunal
Fyke Farmer became Mitchell s counsel on appeal The Court of
Appeals reversed his first conviction stressing that Mitchell s
refusal to comply with Selective Service requirements was not
because he was a pacifist but because if he submitted to the
draft the Nuremberg Law would render him guilty of complicity
in crimes defined by the Charter of the International Military
Tribunal 20
Mitchell was again found guilty in district court and
sentenced to five years in prison This time the Court of
Appeals affirmed and the Supreme Court of the United States
denied certiorari Justice William Douglas dissented from the
denial of certiorari He stated in part that petitioner s
defense was that the war in Vietnam was being conducted in
violation of various treaties to which we were a signatoryespecially the Treaty of London of August 8 1945 59 Stat
1544 which in Article 6 a declares that waging of a war
of aggression is a crime against peace imposingindividual responsibility Article 8 provides The fact
that the Defendant acted pursuant to order of his Government
or of a superior shall not free him from responsibility but
may be considered in mitigation of punishmentMr Justice Jackson the United States
prosecutor at Nuremberg stated If certain acts in
violation of treaties are crimes they are crimes whether
the United States does them or Germany does them and we are
not prepared to lay down a rule of criminal conduct againstothers which we would not be willing to have invoked againstus International Conference on Military Trials DeptState Pub No 3880 p 330
Article VI cl 2 of the Constitution states that
treaties are a part of the supreme law of the land and
the Judges in every State shall be bound therebyThere is a considerable body of opinion that our
20Id 99 102pp
18
actions in Vietnam constitute the waging of an aggressivewar
This case presents the questions1 whether the Treaty of London is a treaty within the
meaning of Article VI cl 2
2 whether the question of the waging of an aggressivewar is in the context of this criminal prosecution a
justiciable question3 whether the Vietnam episode is a war in the sense
of the Treaty4 whether petitioner has standing to raise the
question5 whether if he has it may be tendered as a defense
in this criminal case or in amelioration of the punishmentThese are extremely sensitive and delicate questions
But they should I think be answered 21
In Mora et al v McNamara et al three young men already
drafted into military service Dennis Mora James Johnson and
David Samas refused to deploy to Vietnam They offered
essentially the same defense as had David Mitchell adding the
provisions of the US Army Field Manual The Law of Land Warfare
FM 27 10 1956 This time two justices of the United States
Supreme Court Justices Douglas and Potter Stewart dissented
from denial of certiorari 22
B Howard Levy
Captain Howard B Levy M D also a draftee refused to
teach medicine to Green Beret soldiers at Fort Jackson South
Carolina His case reached the Supreme Court of the United
States In Parker v Levy 417 U S 733 1974 the high court
reversed a decision of the Third Circuit Court of Appeals which
21Douglas J dissenting in Mitchell v United States 386
U S 972 1967 quoted in We Won t Go ed Alice Lynd pp 102
04
22Id 182 84pp
19
had held that Articles 133 and 134 of the Uniform Code of
Military Justice were unconstitutionally vague and overbroad
The Supreme Court upheld the validity of the UCMJ and of Levy s
court martial conviction Justice Stewart angrily read his
dissenting opinion from the bench
Whereas the Supreme Court focused on First Amendment
doctrine in relation to the UCMJ the court martial gave much
more attention to Vietnam And in the course of a ruling on
other matters Colonel Earl Brown the law officer suddenly
injected the possibility of a defense based on Nuremberg
Now the defense has intimated that special forces
aidmen are being used in Vietnam in a way contrary to
medical ethics My research on the subject discloses that
perhaps the Nuremberg Trials and the various post war
treaties of the United States have evolved a rule that a
soldier must disobey an order demanding that he commit war
crimes or genocide or something to that nature HoweverI have heard no evidence that even remotely suggests that
the special forces of the United States Army have been
trained to commit war crimes and until I do I must rejectthis defense 23
In colloquy with the prosecutor that followed Colonel Brown
stated that if the aidmen were being trained to commit war
crimes then I think a doctor would be morally bound to refuse
to train them 24
23Tr at 875 quoted in Robert N Strassfeld The Vietnam War
on Trial The Court Martial of Dr Howard B Levy 1994 Wisconsin
Law Review 839 902
24Tr at 878 quoted in id p 903 According to Professor
Strassfeld Colonel Brown had often discussed the implications of
the Nuremberg and Tokyo war crimes trials as a law instructor at
West Point in the late 1940s and had been deeply impressed by the
movie Judgment at Nuremberg
20
II
Counsel for Dr Levy were given one extra day to assemble
witnesses to put on a Nuremberg defense The defense found three
witnesses Donald Duncan was a former Special Forces Sergeant
who became disaffected while serving in Vietnam and resigned from
the Army Robin Moore was the author of a bestselling book The
Green Berets Captain Peter Bourne was an Army psychiatrist who
had served in Vietnam The defense also proffered as exhibits
4 000 articles describing war crimes in Vietnam including war
crimes by the Special Forces and a brief by Professor Richard
Falk an international law expert at Princeton assisted by
Richard Barnet of the Institute for Policy Studies Finally the
defense submitted a list of thirty eight witnesses to be called
should Col Brown determine that a prima facie case of Nuremberg
violations had been made out 25
An out of court hearing followed The Law of Land Warfare
prohibits assassination of enemy soldiers or civilians Duncan
and Moore described assassination by United States forces and by
the Vietnamese personnel that they trained The Law of Land
Warfare prohibits putting a price on an enemy s head but
Duncan and Moore testified that in Vietnam it was a common
practice Most riveting it seems was defense testimony about
torture and murder of unarmed prisoners although The Law of Land
Warfare prohibits killing prisoners even in the case of
25Id 905 08pp
21
commando operations26
Assessing the Nuremberg defense presented by Dr Levy s
counsel Professor Strassfeld comments
It could have been argued that the Geneva Conventions were
largely inapplicable to South Vietnam and U S conduct in
South Vietnam especially as it affected civilians
However the U S did not adopt that position Applicationof the Nuremberg principles to Levy would arguably extend
them beyond existing precedents because of his attenuated
relationship to Special Forces conduct in Vietnam
Instead of grounding the denial of the defense in one of these
arguments Brown simply ruled that Levy had failed to make a
prima facie showing 27
C After Vietnam
The evasion of Nuremberg by the United States Supreme Court
in the Mitchell Mora and Levy cases continues to cast a long
shadow Military tribunals quote and rely on the high court s
pronouncement in Parker v Levy that the military is by
necessity a specialized society and hence the fundamental
necessity for obedience and the consequent necessity for
imposition of discipline may render permissible within the
military that which would be constitutionally impermissible
outside it 28
Under Levy and the military manuals that reflect it a
military order is presumed to be lawful and is disobeyed at the
26Id pp 908 15
27Id pp 922 23
28United States v Moore 58 M J 466 2003 CAAF LEXIS 694
2003 quoting Parker v Levy 417 U S 733 743 758 1974
22
subordinate s peril To be sure the order must not conflict
with the statutory or constitutional rights of the person
receiving the order 29But what if the order conflicts with the
principles not yet fully incorporated in statute or Supreme
Court precedent 30on which the United States relied to execute
German and Japanese war criminals
A related issue is the responsibility of staff officers for
war crimes by their subordinates William Calley was a platoon
leader Lt Watada holds a similar position After My Lai
Calley was convicted but his Brigade Commander and Company
Commander were acquitted even though according to Calley s
testimony Capt Medina s initial briefing for the mission
ordered the troops to kill every living thing men women
29Id citing Manual for Courts Martial United States 2002
ed Part IV para 14 c 2 a i and United States v Womack
29 M J 88 90 C M A 1989
30Recent decisions of the United States Supreme Court exhibit
an increased receptivity to precedents established byinternational law or the law of nations In the majoritydecision about the rights of prisoners at the Guantanamo detention
facility the justices turned historian and cited such precedentsas the case in which Lord Mansfield set free an African slave
purchased in Virginia bound for Jamaica but temporarily detained
on a ship docked in England Somersett v Stewart 20 How St
Tr 1 79 82 K B 1772 cited in Rasul et al v Bush et al
No 03 334 June 28 2004 Slip Opinion at 13 n 11 In another
decision about a Mexican doctor kidnapped by drug enforcement
agents the Court continued to probe the ambient law of the
Revolutionary era concluding that courts of that period were opento claims based on the law of nations and that a court todayshould likewise entertain a claim that rests on a norm of
international character accepted by the civilized world Sosa v
Alvarez Machain et al No 03 339 June 29 2004 Slip Opinionat 17 19 30
23
children and animals 31 An investigative team headed by Lt
Gen William Peers recommended that charges be preferred against
the division chief of staff the brigade operations officer the
task force operations and intelligence officers and the division
chaplain but nothing was done about it32
An intrepid Lieutenant Colonel writing in the Military
Review has discussed the bombing of Dresden and the My Lai
massacre in the light of Nuremberg Michael Davidson states
flatly citing US Army Field Manual The Law of Land Warfare FM
27 10 1956
The legal precedents established at Nuremberg constitute
international law and as such are part of US law
Accordingly the war crimes trials define standards of
wartime conduct for US military personnel and for enemy
soldiers charged with war crimes by an international
tribunal or by a US military tribunal or courts martial33
One might wish it to be so but this is not quite what The
Law of Land Warfare amounts to The introduction to FM 27 10
lists more than a dozen treaties relating to the conduct of land
warfare which have been ratified by the United States The list
includes six Geneva Conventions and six Hague Conventions but
there is not one word about Nuremberg34
31U S v Calley 48 C M R 19 23 24 1974
32Lt Col Michael Davidson Staff Officer Responsibility for
War Crimes Military Review Mar Apr 2001 p 54
33Id p 55 citing Taylor Nuremberg and Vietnam p 143 and
US Army Field Manual The Law of Land Warfare Washington DC US
Government Printing Office 1956 pp 180 81
34Nicholas Turse a major contributor to this submission
writes In the introduction to FM 27 10 there is a reference to
24
In its Provision 509 part of a chapter on Remedies for
Violation of International Law War Crimes The Law of Land
Warfare attempts to confront the Nuremberg Principles but
without referring to Nuremberg The text reads
509 Defense of Superior Orders
a The fact that a law of war has been violated pursuant to
an order of a superior authority whether military or civil
does not deprive the act in question of its character of a
war crime nor does it constitute a defense in a trial of an
accused individual unless he did not know and could not
reasonably have been expected to know that the act ordered
was unlawful 35
Likewise the Manual for Courts Martial provides that a patently
illegal order does not enjoy the presumption of legality But
what is a patently illegal order The definition one that
directs the commission of a crime set forth in The Law of Land
Warfare is not particularly helpful No list is provided in
either guidebook 36
TM 27 251 This document is a 300 plus page Army pamphlet27 1 titled Treaties Governin Land Warfare This entire document
can be found at http www usapa army mil pdffilesl p27 5F1 pdfSearching the index I found no reference to Nuremberg
35FM 27 10 p 182 Malham M Wakin Applying NurembergPrinciples to Limited War United States Air Force AcademyJournal of Legal Studies v 6 1996 p 169 comments that this
provision seems to have caught the spirit of the Nurembergprinciples in balanced fashion While this may be so in the
abstract Provision 509 does not give sufficient guidance to helpthe Sergeant Bendermans of this world decide how to act
36Id p 58 citing Manual for Courts Martial United States
MCM Washington DC Government Printing Office 1998 para14c 2 a i and FM 27 10 p 182 A massive article by Mark
Osiel describes the legal uncertainty that exists concerningwhat military activity is manifestly unlawful Mark J Osiel
Obeying Orders Atrocity Military Discipline and the Law of
War 86 California Law Review 1998 939 978 1020 Osiel
25
H
During the Vietnam war a platoon leader ordered a soldier
under his command to execute a detainee The soldier testified
at his court martial that he heard the company commander order
the platoon leader to kill the detainee and that a previous
platoon leader had been relieved of his command when a detainee
escaped The military appeals court found that the platoon
leader s order was palpably illegal and patently wrong and
upheld Staff Sergeant Griffen s conviction for murder37
On the other hand also in Vietnam Lt James Duffy leading
a patrol composed mainly of draftees entered a village took a
prisoner and asked his men if anyone would like to execute the
prisoner The victim was shot in the head the next morning by an
executioner chosen by Duffy from among several volunteers At
trial four lieutenants testified that their orders were to take
no prisoners and that their superiors laid primary stress on
the body count The court having convicted the lieutenant of
murder revoked its judgment reduced it to involuntary
manslaughter and sentenced Duffy to six months confinement38
This is decision making on the basis of I know a war
concludes that the three traditional indicia of manifest
illegality are 1 moral gravity 2 clarity and 3 proceduralirregularity but that these criteria bear no necessary relation
to one another and so not surprisingly are regularly at odds in
concrete cases 1d at 1020
371d p 59 citing United States v Griffen 39 C M R 586
1968 at 588 590
38Taylor Nuremberg and Vietnam pp 150 51 basing his account
on reporting between March 28 and AprilS 1970 by New York Times
reporter Philip Shabecoff
26
Ii
crime when I see it It is essentially standardless and
subjective Indeed it hardly advances beyond the statement of
Roger Taney Chief Justice of the United States Supreme Court in
the era of the Civil War I t can never be maintained that a
military officer can justify himself for doing an unlawful act
by producing the order of his superior The order may palliate
but it cannot justify39
Lt Watada has been obliged to try to find his way by this
uncertain compass
IV CONCLUSION
Beyond Lt Watada s individual predicament how does the
United States military propose to regard the next soldier who
comes to the conviction that the fighting in which he is engaged
is illegal Will he be required to oppose war in any form
before he is excused from obedience to particular orders that he
believes to be criminal Or to pose the problem more abstractly
how can the Nuremberg Principles that the United States professes
to honor be incorporated in existing law
Professor Donald A Peppers has made a case for recognition
on the basis of Nuremberg of what he calls selective
39Steven Fogelson Note The Nuremberg Legacy An UnfulfilledPromise Southern California Law Review v 63 March 1990 text
at n 233 Taney made his comment in Mitchell v Harmony 13 U S
1 How 115 137 1851 The author states that the prosecutionof Henry Wirz the Confederate commandant of the prisoner of war
camp at Andersonville proceeded along these lines Although Wirz
produced evidence at trial that he followed the orders of his
superior General John H Winder he was found guilty of murder
in violation of the laws and customs of war
27
Ii
nonconscientious objection4o He argues that for practical
purposes the war crimes of most consequence for the individual
soldier are those described in the Nuremberg Charter as war
crimes and crimes against humanity which at trial were almost
always merged 41He indicates that these offenses fall into
three groups crimes relative to prisoners of war crimes
relating to civilian populations and crimes involving
impermissible weapons or tactics of warfare 42 But he readily
concedes that specific definition of crimes in these three areas
has been swiftly deteriorating because of changes in the nature
of war itself because of a rapid growth of guerilla and
terrorist activity because of what Richard Falk terms the
undetermined status of certain territorial entities and the
effect of contradictory acts of recognition and because of the
horrifying possibilities of an unintended escalation of a limited
conflict 43
Given this uncertainty in the definition of war crimes
Peppers argues that the more indeterminate and cloudy the
definitions of war crimes under international law the stronger
is an individual s right not to be placed in a situation where
4oDonald A Peppers War Crimes and Induction A Case for
Selective Nonconscientious Objection Philosophy and Public
Affairs v 3 no 2 Winter 1974 pp 129 66
41Id pp 133 35
42Id pp 135 38
43Id p 163
28
Ii
he must choose whether or not to engage in particular actions
A s the definitions of criminal acts in war become
increasingly less sharp the point in the process of beingcompelled or ordered at which the individual has the rightto protest legitimately becomes progressively farther
removed from the final order actually to commit criminalacts In effect when the choice a person is forced to make
becomes more difficult because the definition of the crime
in question is unclear or because it is unclear whether the
act is still or yet considered a crime at all then the
obligation of the state not to place a citizen in that
position becomes that much stronger44
On one point the evolution of United States military
doctrine since Peppers wrote in 1974 may call for an extension of
his argument
Peppers reports that at Nuremberg only statesmen and the
highest military officers were charged with the crime against
peace of aggressive war The United States has now explicitly
endorsed the doctrine of preemptive war In a speech at the 2002
graduation exercises at West Point President George W Bush
remarked that for much of the last century America s defenses
had relied on the Cold War doctrines of deterrence and
containment But the President argued containment means
nothing against terrorist networks with no nation or citizens to
defend the war with terror will not be won on the defensive
and the United States must be prepared for preemptive action
when necessary45 In September 2002 the Bush Administration
44Id p 162
45http www whitehouse gov news releases 2002 06 20020601
3 html emphasis added
29
Ii
promulgated a new National Security Doctrine which stated in
part that
we will not hesitate to act alone if necessary to exercise
our right of self defense by acting preemptively againstsuch terrorists to prevent them from doing harm against our
people and our country46
This new doctrine would appear expressly to violate the
condemnation of aggressive war on which the United States
insisted at Nuremberg Certainly a conviction that his country
is an aggressor in violation of international law is a part of
Lt Watada s conclusion that what he is being ordered to do is
wrong In his case then and in future cases like his a
potential or actual soldier should be entitled to refuse orders
not only because they require war crimes or crimes against
humanity but also because they demand obedience to a crime
against peace aggressive war
Professor Pepper s critique supports Lt Watada s decision
to protest by refusing to deploy Refusal to fight on Nuremburg
Principles when in the midst of combat and surrounded by fellow
soldiers towards whom one rightly feels responsible is not
practical Yet refusal to fight is precisely what Nuremburg
demands The solution as Pepper indicates is to refuse to
continue to engage in combat at a time and place that do not
immediately endanger others That is what Lt Watada is charged
with doing
46The National Security Strategy of the United States of
America Washington D C Sept 2002 p 5 emphasis added
30
II
For the foregoing reasons among others the charges against
Lt Watada should be dismissed
Respectfully submitted
Staughton Lynd
31
Ii
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City Support Expected For Soldier s Iraq Refusal
ffi NEWS
Aug 27 KGO Berkeley s city council is expected to pass a measure in support of an army officer whos refusing to
serve in Iraq
First Lieutenant Ehren Watada faces a possible court marital because of his decision He calls the Iraq war illegalalthough he s offered to serve in Afghanistan instead
His father came to Berkeley to meet with supporters and city officials Saturday
Watada s family stands by his decision even though he could spend seven years in a military prison
Bob Watada Soldier s Father Ifyou look at the uniform code ofmilitary justice it says very clearly that every soldier
has a duty to disobey an unlawful order
Ifthe coundl votes to support Watada the move would fall in line with Berkeley s offidal position to impeach President
Bush because of the war in Iraq
Copyright 2006 ABC7 KGO TV DT
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http abclocal go com kgo story section local id 4501133 Page 3 of 6
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BPF 1 Statement on Lt Watada Page 1 of 2
9
Statement from the Buddhist Peace FellowshipIn Support of Lt Ehren Watada
August 25 2006
and
What You Can Do to Support Lt Watada
The Buddhist Peace Fellowship BPF founded in 1978 represents more than 4 000 people from manyBuddhist traditions and otherspiritual backgrounds who have deep concern for our world and who aspire tomeet suffering with compassion and wisdom BPF supports the words and actions of Lt Ehren Watada as hefollows his conscience and his heart and refuses to deploy to Iraq We offer Lt Watada our solidarity anddeep gratitude for this act ofcourage
As we and many other Americans have followed the news from Iraq these past three years we believe thatour country s actions and priorities have gone terribly wrong So many peoplecitizens military leaders and
political analysts warned that the Iraq war was built on false premises and that it would serve to deepenresentment and violence both in Iraq and towards the United States This has proven true as more than2 000 U S militaryour brothers sisters and children have been killed there along with untold numbers ofIraqi civilians whose numbers grow daily in the face of a bitter civil war The only benefit of this war has beento the profit line of U S corporations like Halliburton and Bechtel and arms manufacturers like LockheedMartin and General Dynamics
The Buddha oncetaught Hatred is never appeased through hatred Only through love is hatred appeasedThis is an eternal and unvarying law The endless cycle of violence in Iraq is sadly bearing out this truth
In the face of this illegal and immoral war the stand that Lt Watada has taken is truly courageous In fullawareness of the consequences he will face Lt Watada has taken this stand because of his conviction thatothers are being put in harm s way for a war being carried out under false premises by an administration that
continually violates the U S Constitution In the Buddhist tradition it might be said that Lt Watada is a
bodhisattva someone who is deeply concerned about the wellbeing of all people and who puts the welfareof others before his own
We encourage all our members to contribute to support Lt Watada s cause in whatever way they can andwe urge all U S citizens to work together to end this war and bring the troops home
Thank you Lt Watada You speak for us
Buddhist Peace Fellowshipwww bpf orgPO Box 3470
Berkeley CA 94703
What You Can Do to Support Lt Watada
The future of Lt Watada s court martial is now in the hands of the generals at Fort Lewis Phone calls andletters from around the country could make a difference
http wwwbpf orghtml resources and links statements watada html 10 212006
BPF 1 Statement on Lt Watada Page 2 of 2
Fort Lewis Commanding General Lieutenant General James Dubik makes the final decision on whether to
proceed to court martial on any or all charges Please take a moment today to phone and write Lt GenJames Dubik and respectfully request no court martial for Lt Watada
Use your own words but a suggested message would be Along with tens of thousands I support Lt EhrenWatada s right to refuse an illegal war I ask that you not bring court martial proceedings against him If thereis a court martial this fall I look forward to visiting Ft Lewis and letting you know how I feel in person
Lt Gen Dubik can be reached via his aide Lt Colonel Kamper at 253 967 0022 andor call the FtLewisswitchboard at 253 967 1110 Or you can write to him at
Commanding GeneralFort Lewis and I CorpsLt Gen James M Dubik
Building 2025 Stop 1
Fort Lewis WA 98433
When writing please consider a handwritten letter on stationary if available posted via express or prioritymail for additional impact and timely delivery We expect that Lt Gen Dubik will issue his decision nextweek but there is no required timeline Do not delay and take action today The contact address and phonenumbers for Lt Gen Dubik may change overthe course of this action alert so check www ThankYouLt orgfor these and other updates
U 0 It Il J H U IP
http www bpf orghtml resources and links statements watada html 10 2 2006
Debbie ClarkVeterans For PeaceGreaterAtlanta Chapter 125
dclark@antiwar com
770855 6163
June 27 2006
D
STATEMENT IN SUPPORT OF FIRST UEUTENANT EHREN WATADA
It is my great honor and duty to be here today toshare with others my support for theaction of First Lieutenant Ehren Watada in disobeying an unlawful order to serve in awar that is both immoral and illegal as well as to show my support for all military servicemembers 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 Itcame about through much soul searching and research that led him to the irreversibleconclusion 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 firstsoldier to do so who is not a conscientious objector His decision is based on legalgrounds as well as moral with the recognition that a soldier has not only the duty toobey all lawful orders but also has the moral and legal obligation to disobey anyunlawful order
Lt Watada s mother described her son as having an unflinching commitment to his menand to democratic ideals and said that he believes that he can best serve them bytaking a stand against the war
In so doing she said he demonstrates that one does not relinquish the freedom tochoose what is right even in the military and that the freedom to choose what is righttranscends the allegiance to man and institutions
Lt Watada is doing the right thing As a US Army veteran myself of eight years activeduty with five years in the military police and three years as a special agent in the USArmy Criminal Investigation Command as a former soldier who remembers very wellbeing explicitly trained by the Army that it is the duty of a soldier to disobey any unlawfulorder and to comply with the Geneva Convention I honor Lt Watada for the courage tobe true to his conscience and true to his oath of office as a commissioned officer tosupport 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 anaffirmation ofthe rule of law No soldier owes absolute allegiance to any military systemThe legal authority of military command is grounded in the rule of law which is based onthe Constitution and the Uniform Code of Military Justice
The Constitution has requirements forwhat branch of government has the power todeclare war and for what purpose which is specified as being for the defense of theUnited States and also makes any treaties adopted by the United States the law of theland
There is a point atwhich one s conscience and understanding of the US Constitutionthe United Nations Charter the Nuremberg Principles and the Geneva Conventions
Debbie ClarkVeterans For Peace
Greater Atlanta Chapter 125
dclark@antiwar com
770855 6163
June 27 2006
requires an individual to make the conscious decision to obey or not to obey what hebelieves 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 LtWatada but who would have liked to He is a veteran of Operation Desert Shield andDesert Storm now retired US Air Force Major Kelley G Culver ofAugusta Georgia
Major Culver has provided a statement in support of Lt Watada which I will relay on hisbehalf
In 1990 I was commanderof an AirForce Combat Communication Squadron deployedto the Persian Guff for Operation Desert Shield and Desert Storm At the time ofthedeployment I was opposed to the warbecause it was obvious that the true reason wasnot the liberation of Kuwait from Iraq but the protection ofAmerican oil interests in thePersian Guff
The true purpose ofthis warwas obvious The US had been a supporter ofSaddamHussein s government in the years prior to the war andhad previously turned a blindeye to Hussein s activities Suddenly in 1990 the United States was outraged at hisactions We went to waron a tapestry oflies
The current warin Iraq was also startedon a tapestry oflies Neither the situation in1990 northe situation todayjustifies the loss ofAmerican military men and women
In 1990 I opposed the war in the Persian Gulf but I deployed andserved in spite ofmyobjections My reasons simply put were that I had a career at stake To refuse todeploy would have ended that career I was not willing to pay that price
Today we assemble in support ofLt Ehren Watada who realizing the illegal nature ofthe war in Iraq has chosen to do what I could not do 16 years ago People will call hima coward for his actions but I can assure you this is the action ofa brave man
Today I add mysupport to the cause ofLt Watada and I thank him for taking the standthat I was unable to take myseff Kelley G Culver Major USAF Retired
Military veterans can especially understand how hard of a path it is that Lt Watada hastaken because whether we served in waror during peacetime we know what it means
to live and serve under military authority
However hard it may be to stand up any active duty service member today whoseconscience has been moved by what he or she knows in their heart to be wrong can
also take strength in knowing that the very same military authority that requires them toobey all lawful orders also if it is true to its own code imposes upon them the obligationtodisobey all unlawful orders
A Broken De Humanized Military in Iraq Page 1 of 2
A Broken De Humanized Military in IraqBy Dahr Jamailt rut h 0uti Perspective
Tuesday 26 September 2006
While the deranged chicken hawks who lead the US continue their efforts to wage another unprovoked war of aggressionthis time against Iran what s left of their already overstretched military continues to be bled in Iraq
When the situation is so critical that even the corporate media is forced to report on it you know it s bad Last week on theNBC Nightly News General Barry McCaffrey now retired said of the current state of the US military I think arguably it s theworst readiness condition the US Army has faced since the end of Vietnam This isn t a big surprise when we consider thefacts that many soldiers are already into their third combat tour frequent deployments have cut training time at home in halfand two thirds of all Army combat units are rated not ready for combat
The fact that 60 of National Guard soldiers have already reached their limit for overseas combat is most likely not going toslow down the Cheney administration s lust for more war Most likely they ll just have Rummy change the Pentagon s policythat currently limits Guard combat tours to two out of every five years
This change was apparently already expected by Lieutenant General Steven Blum of the National Guard who told NBC Ifyou thinkthe National Guard s busy today I think we re going to look back and say these were the good old days in aboutthree years A comment to which General McCaffrey responded More is being asked of them particularly the NationalGuard and reserve components than they signed up to do And in the near term we think it s going to unraveL
That near term seemed to be about 72 hours away from McCaffrey s comments On Monday the Army announced thatbecause it is stretched so thin by the occupation of Iraq it is once again extending the combat tours of thousands of soldiersbeyond their promised 12 month tours It s the second time since August Le last month that this has occurred The 1stBrigade Armored Division which is having its tour extended just happens to be located in the province of AI Anbar which themilitary has long since lost control of Between 3 500 and 4 000 soldiers are affected by this decision
The move prompted defense analyst Loren Thompson to tell reporters The Army is coming to the end of its rope in Iraq Itsimply does not have enough active duty military personnel to sustain the current level of effort
There are currently over 142 000 US soldiers in Iraq Just last week General John Abizaid the top US commander in theregion said the military is likely to maintain and possibly even increase its force level in Iraq through next spring
What does this look like for US troops on the ground in Iraq Here is an emaill received just last week from a mother whoseson is serving in the US military in Ramadi
My son cannot bear what he is forced to do and has probably through sheer terror confusion and split seconddecisions killed innocent civilians He is well aware of this and I have witnessed the consequences first handHe probably carries innocent blood on his hands The killing of innocent people is virtually unavoidable He is inAI Anbar region You are the ONLY person in the media who has responded to my emails The other emails Isent to news organizations questioning why so little news out of AI Anbar were unanswered I believe that it isbecause the US has lost that region and is suppressing that news to the American public My son called melast week from Ramadi and said the war is lost they are just going thru the motions again forced to carry outorders and risk their lives for an unobtainable and unjust goal I continue to read your web site as well asothers while I pray for my son s safe homecoming in spring
Her anguish the description of her son s mental state and her son s report of the conditions in Ramadi tragic as they arecome as no surprise At the time of this writing over 2 703 US soldiers have been killed in Iraq and over ten times thatnumber wounded This month over 61 American soldiers have been killed in Iraq With an average of over2 5 killed daily thismonth at the time of this writing it s already the third bloodiest month this year in Iraq for occupation forces
Another report released last weekend from the Veterans Health Administration found that over one third of Iraq andAfghanistan veterans seeking medical treatment are reporting symptoms of stress or other metal disorders This is a tenfoldincrease in the last 18 months alone The dramatic jump in cases is attributed to the fact that more troops are facing multipletours in Iraq and Afghanistan
This is of course complicated by the fact that veterans groups claim that the VA is not able to meet the growing demand forservices Already veterans have had to deal with long waits for doctor appointments oftentimes over six months staffingshortages and lack of equipment at medical centers run by the VA
http www truthoutorgldocs 2006 printec092606A shtml 10 3 2006
ABroken De Humanized Military in Iraq Page 2 of 2
The woman who sent me the email about her son gave me permission to publish another email that shows clearly how theover stretch of the military in Iraq and multiple tours are affecting her son
I have established contact with my son thank God and he writes to me daily about Iraqi atrocities and how hewants to wax them all His morale is low and he has a weak LT who is unable to keep up with the pacerequired I would love to share these emails with you but I am afraid I m afraid of the implications should thisever get out I want to do nothing to endanger my communications with my son My impression through myreadings and contact with soldiers is that the Iraqis are generally good people The American occupationseems to be only making things that much worse for the average Iraqi My impression is that Iraq is a countrywith no hope No matter what is done they will never have a stable government no matter what form it mighttake From my son I m able to glean the complete CHAOS Ramadi is in It is hopeless As a mother I want himto do whatever is necessary to come home and will not sugar coat my thoughts that he should kill everythingand come home Naturally not someone who is obviously an innocent civilian but how do you tell How do youknow who is innocent and who is a threat Therefore he feels that daisy cutting the town is the only option Ofcourse this will not happen and hes blowing smoke However it is an indication of how bad things are therethe struggle between the Marines and the insurgents is never ending The type of bomb now employed by theinsurgents whoever they are is frightening a metal plate on the ground when the Marine steps on it itconnects the circuit and that boy is blown up My son is running missions thru back alleys and is hauling amachine gun that is destroying his back He is a slenderyoung man and the gear he is carrying is affecting hishealth He can run for miles but not with a hundred pounds on him Already I hear such a hardness in hisemails such low morale such hopelessness and he has only just begun this deployment hopefully his lasthis third
America is a great nation compassionate to many and is my homeland I am sickened at what is happeningand what my son is being made to do as a Marine Ultimately we have morphed into an empire It breaks myheart that my son may die on foreign soil fighting a useless war that will only lead to more death anddestruction
The longer the occupation of Iraq continues more death and destruction are two things all of us can count on Along with abroken bleeding military that is being stretched even further each day and the anxious families of those serving whosenerves and hearts are also being stretched further each day
Oahr Jamail is an independent journalist who has reported for the Guardian the Independent and the Sunday Herald Henow writes regularly for Inter Press Service and Truthout He maintains a web site at dahriamailiraq com
http wwwtruthout orgdocs 2006 printec092606A shtml 10 3 2006
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Dear Councilors and Mayor
I m concerned about the animals in Ashland A ho are tied up at their homes
for excessive periods They suffer loneliness frustration and boredom
They also run the risk of strangling to death getting abused by kid or
adults getting attacked by animals aT dying of heatstrokei
Jackson County allows animals to be tied for their entire lives an short
chains This is not a life that anyone in Ashland including pets shouldhave to endure Please pass a law to ake this kind of animal abuse
illegal Please heavily restrict the tethering of dogs and other animalsat their homes
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