The Global Community Tribunal

In About.com: US Military the writer states as follows: “Military discipline and effectiveness is built on the foundation of obedience to orders. Recruits are taught to obey, immediately and without question, orders from their superiors, right from day-one of boot camp.

Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be “willful” under this article). In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you’re given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders — if the order was illegal.

In similar vain and in an answer to a question on All Experts: Military Law it is noted as follows:

“A military order must have a military connection and must not contravene existing law, such as the Constitution, treaties, and statutes. An illegal order is just that - illegal, and does not require that it be obeyed. As the law either has no valid military purpose or contravenes existing law, obeying the order may expose the person to prosecution….. Historically, this is known as the “Nuremburg defense” because Nazi officials tried to defend their conduct during WWII as simply following orders. The Military Tribunal at Nuremburg rejected this defense, as have all other legal systems confronted with it. The American military legal system does not recognize the “following orders” as a defense to criminal charges”.

On commondreams.org under the heading “A soldier’s right to disobey illegal orders” the following note appears:

“There is a common tendency among lawyers and military commanders to sneer at international law. But the Constitution is unambiguous. Article VI states: “All treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby……There is no exception for the military, no wall between domestic and international law.”

For a soldier the difference between being heroic and being a murderer is contained within the legality of the order he or she is following. If your orders are legal, you are a national hero and military tradition requires that you be awarded a medal for your bravery. If your orders are illegal and you knowingly kill people, you are a war criminal and, if justice prevails, you deserve a rope around your neck.

The soldiers being part of the invading force into Iraq were convinced through lies and fraud of their supreme commander that the invasion was legal. They were on their way to destroy WMD which posed a real and imminent threat to their countries of origin. Executing orders falling within the framework of the Geneve Conventions and International Law in general, were therefore legal. But once they found out that George Bush, their supreme commander and his accomplices, had lied to and defrauded everybody – when they found out that there were no WMD; there were no real and imminent threat to the US, UK, etc this invading force’s position changed dramatically. Their marching orders were illegal and their further assault on the people of Iraq were a war crime. They needed to turn around and depart, apologizing for the ‘inconvenience’ caused to the Iraqis and offering to pay restitution.

Since that time much of the ‘evidence’ provided by the Bush administration to justify the invasion has been proven a hoax. The facts are in the public domain. Although George W Bush and his accomplices can hide self assured behind US security, the world believes them to be war criminals. History will categorize them with people like Adolf Hitler, Stalin, etc. We all know this war is illegal. All US and UK military personnel know that the war is illegal.

Let us therefore concentrate on what the legal position is now that everything is in the open. Every soldier in Iraq now knows that the invasion was illegal. Every soldier that is ordered to go, knows that he/she is sent on an illegal mission.

Principle 1V of the Nuremberg Principles clearly state that “The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.”

In International Law the planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances and/or the participation in a common plan or conspiracy for the accomplishment of any of those acts can only be excused if the aggressor was forced to exercise the right of self-defense or the right of collective defense. This is what all the palawa of WMD was about. Bush had to convince the world that he was legally entitled to invade Iraq pre-emptively and in self defense. Having no real evidence available he, Cheney, Rumsfeld and Colin Powel reverted to lies and defrauding not only the international community but also to all the soldiers who needed to believe that their marching orders were legal.

The whole story about saving Iraq from Sadam Hussein was and still is a lot of nonsense in terms of International Law. The law does not provide for countries to invade one another just because we deem their respective governments evil. (If that was the case, we would all have been in America by now!)

But most of us believed them. The US Senate believed them. The fine, brave young men and women in uniform believed them and that made their participation in the initial invasion legal. But once they found out – or had reason to believe, that the invasion was illegal, their legal status changed dramatically. From that moment on every soldier had to know that their orders were illegal. They new it and those soldiers in Iraq at the moment know it.

‘So what’ you say. “The US is not subject to the jurisdiction of the International Criminal Court. I can not be indicted in that court.” That is true. The United States of America harbors and protects war criminals. They did that after World War 2 and they are persisting with it to this very day. But amongst the people you live and those outside your ‘safety den’ everyone sees you as a war criminal. Your only legacy to your children and the world will be that of a war criminal who mass murdered Iraqis but succeeded in escaping justice.

Visiting the world outside of the US may in future might become a risk to you. Your international status is that of an escaped war criminal. Once a criminal tribunal has been set up to adjudicate over war crimes committed in Iraq, your name and your number will be up. You should have heard how Nazi criminals were hunted down and brought to justice after the War. Even after Kosovo this happened. This is your haunted future too. At this stage you might feel safe. This would be realistic under the present conditions. But take into account how quick things change on the international front. And always be reminded that I have warned you that, when the stakes are down, Bush, Blair, Cheney, Rumsfeld and the like will betray you! You will stand alone as did those prosecuted for crimes at Abu Ghraib! They will betray you as the Nazi Göring and his mates tried to betray those under their command. They will betray you as the Apartheid government betrayed the foot soldiers who executed their orders.

In the final instance you have your conscience to deal with. I do accept that you and all your comrades are honest, well-meaning, law-abiding people. You have a promising future ahead of you. Don’t do this to yourself, your children and other loved ones. Rather let history remember you as a person with integrity, pride and dignity – a soldier who was prepared to stand-up against wrong and do what is right.

You are entitled to disobey illegal orders. You can refuse a call-up order on this grounds and I’m convinced that your courts should protect you. In fact, I would think that you would have a civil claim against your government for what they have done to you.

Do what is right – not what is expected of you!.

J.C.Grobler.

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This entry was posted on Friday, October 26th, 2007 at 3:02 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.