and Councilors Mayor good evening Im Pip Cornall from 451 Waterline Rd in Ashland and I an Ashland represent Australian and global group to create seeking departments of peace in countries globally Ill be asking Ashland to become a peace city and support the creation of a department of peace in the US and worldwide

and Mayor Councilors I want to start by acknowledging all the good work you do for the I know that sometimes city despite your good intentions you are harshly criticized That is the old paradigm method and as we move towards becoming a peace city that way of behaving will diminish

If ask most Ashlanders if you they would like to live in a peaceful city who s structure and reflect a clear policies choice to live peacefully my guess is that every single person without exception would say YES and that no one would endorse violence or domination as a standard practice especially when it comes to how they and their loved ones are treated

Not surprisingly this reflects our city s history since in a series of City Council declarations over the last we 30 years have proved our support for peace principles Including

J Declaring the City of Ashland a NUCLEAR FREE ZONE in 10 1981 82 Ju Endorsing the VALDEZ PRINCIPLES on May 15th 1990 v The August 5th 2003 PEACE DECLARATION by then Mayor Alan 1 r commemorating Hiroshima and on 1 paCSL tlB Nagasaki Days Aug 6th You have received on two occasions May Sept 2006 my emails the council to a encouraging adopt resolution for Ashland to become a peace city and in so doing support the global movement to create departments of peace 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 to create lepartments of peace in countries worldwide The movement to create of a departrhents p iij1cl global netwdtk of peace cities is well underwa y 2E f2fJllJI7 Ja6nas 1 Such a determined and coordinated alliance will not fail and I would like to invite Ashland to come on board In this time of increasing world conflict it is imperative that progressive cities such as Ashland lead others by fully adopting the peace paradigm principles

After my short presentation tonight I request this proposal be placed onto the for the next or agenda council meeting and I meet with councilors who are willing to support it

What is a Peace City

Like can mean Community Policing it many things It is infinite really but initially could be kept simple The original impetus behind Peace City declarations was the Education Science and Culture Organisation s UNESCO efforts in encouraging local communities around the world to build a culture of peace The United Nations stressed this element in its 2002 Study on and Non proliferation Education which stated

Municipal leaders working with citizen groups are encouraged to establish peace cities as part ofthe UNESCO Cities for Peace network through for example the creation ofpeace museums peace parks web sites and the production of booklets on peacemakers 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 federal legislation to create a Department of Peace and see handout

It would support our Senator s and Representative s sponsorship of the proposed federal legislation to create a United States Department of Peace

Ashland has already joined the Mayors for Peace network which brings cities in a a together program to achieve nuclear weapons free world The Peace City proposal is much broader than disarmament It would be a collaborative effort between the City Council and Ashlanders to help address

2 the root causes of conflicts and violence in order to enhance peace in the city and to contribute to making the world a more peaceful place

in NZ My colleague Wellington sent me information on their peace city We could do plan similar by bringing together all groups and individuals who support peace practice and principles

The Wellington Foundation has established a Peace City Committee with representatives from

Council of Trade Unions Federation ofEthnic Councils Hokotehi Moriori Trust Make Poverty History National Consultative Committee on Disarmament Nepalese Community New Zealand House of Representatives NZ Multicultural Music NZ Nurses Organisation NZ Sri Lanka Friendship Society Oxfam Parliamentary Network for Nuclear Disarmament Peace Movement Aotearoa

Prisoner s Aid and Rehabilitation Service Soka Gakkai International Wellington International Poetry Festival Peace Foundation Wellington Office Wellington Refugee Council Women s International League for Peace and Freedom Wellington Branch

Promoting existing activities in Wellington related to peace

Wellington is home to a large number of organizations that are engaged in activities related to the development of a culture of peace such as

peace groups mediation services

3 conflict resolution trainers servIce groups ethnic education and support groups human rights groups international friendship societies family support services youth groups religious support groups

The Council is also involved in activities related to the culture of peace which include

Sister City links organizing an annual Race Relations Day maintaining the Peace Flame and Peace Tree in the Botanical Gardens participating in the Mayors for Peace organization displaying ofa Welcome to Wellington capital of nuclear free New Zealand sign near the Airport

Peace The City declaration and programme would establish an overall unifying framework that will encourage increased collaboration between events and groups activities and also provide them with much greater public exposure This would be achieved through 3 primary mechanisms New initiatives related to Wellington s culture of peace will benefit from the community resources that the Council already provides like

community grants discounted meeting space of listing upcoming community events on the Council s website webpage hosting through the Regional 2020 Communications Trust

Mayor or Deputy Mayor level engagement at the openings of events related to peace are possible but should be evaluated on a case by case basis New initiatives related to Wellington s culture ofpeace will benefit from the community resources that the Council already provides like

community grants discounted meeting space listing of upcoming community events on the Council s website

4 webpage hosting through the Regional 2020 Communications Trust

Mayor or Deputy Mayor level engagement at the openings of events related to are peace 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 exhibit characteristics of war media At any given time television channels broadcast or on the following items variations these themes sit com actors who make derisive comments to get a laugh cartoon characters that beat each other up in order to survive until the end of the episode dramas that the uphold stereotype that rapists abductors and serial killers prey on middle class women documentaries which show how only the strongest animals survive athletes who compete to prove that only one can win and news stories that recount endless acts of violence

Two of successful examples conflict transformation programs include 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 fewer suspensions and expulsions a decrease in time spent on dealing with discipline fmancial cost savings to schools and an improvement in overall school climate as a result ofintegrating non violent dispute resolution techniques into middle school and high school curriculums The annual cost per student for the conflict management initiative is 12 compared to 231 for suspending a student and 431 for expelling a student Peace Alliance 2006

In areas which suffer from high crime rates there is social change through Community Conferencing a restorative justice method which brings together all the relevant parties In doing so all parties have the chance to express themselves and their needs and can contribute to a solution which meets the needs of all parties The program reports a 60 reduction in recidivism at 10 ofthe cost of current criminal justice and disciplinary practices peace Alliance 2006

5 August 5 2003 City Council Meeting Mayor 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 Memorial Ceremony to pray for the peaceful repose of the victims for the abolition of nuclear weapons and for lasting world peace During that ceremony the mayor issues a Peace Declaration directed toward the world at large As long as the need persists Hiroshima s mayor will continue to issue these declarations calling for the elimination of nuclear weapons from the face of the earth This is part of Hiroshima s effort to build a world of genuine and lasting world peace where no population will ever again experience the cruel devastation suffered by Hiroshima and Nagasaki

6 Dear CounciloAIlILj 1M We the undersigned members of DoPeace request that it the following resolution be read aloud and as Public at the accepted Input upcoming council meeting We are requesting that the topic of a resolution be on the for the next passing put agenda council meeting and a vote be made to pass the resolution A draft ofthe proposed resolution follows

We the of wish undersigned members DoPeace to call your attention to pending legislation at the federal level and suggest that you adopt a resolution in its support because ofthe following benefits it would bring to the community ofAshland

There is an historic currently citizen lobbying effort to create a U S Department ofPeace There is a currently bill before both Houses ofCongress House Resolution 3760 and Senate 1756

This historic measure will augment our current problem solving modalities providing practical nonviolent solutions to the problems ofdomestic and international conflict

The to S campaign establish a U Department ofPeace is only one aspect ofa fundamental response to the problem ofviolence but it is critical

It represents an collective as American important effort citizens to do everything we possibly can to save the world for our children s children

There is also an historic coordinated international movement to create Departments ofPeace in a critical mass ofcountries throughout the world

To this end there is an summit and international training in Canada in June 2006 which one ofour members Pip Cornall from our Oregon district 2 DoPeace group will be attending The countries include US UK Canada Japan Italy and Nepal

We the members undersigned are of a group DoPeace representing Oregon District 2 to create ofPeace in the US and other Departments countries There are currently over 300 such groups in 50 US states

Thank you The DoPeace District 2 Team

Pip Cornall 451 Waterline Rd Ashland Oregon 97520 541 840 5836 Lynn Perkins P o Box 1365 206 Talent Ave Talent 97540 541 512 1549 Shaktari 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 the during 108th Congress Rep Dennis Kucinich Democrat ofOhio introduced in the United States House ofRepresentatives proposed federal legislation to create a United States Department ofPeace which garnered the sponsorship offifty two 52 members ofthe United States House ofRepresentatives and WHEREAS the 109th during Congress which began its session on January 1 2005 the proposed federa1legislation to create a United States Department ofPeace will be reintroduced and WHEREAS the proposed federal legislation to create a United States Department of Peace will establish a cabinet level Department of Peace which will be headed by a of who will Secretary Peace advise the President on issues that are both domestic and international in scope and the WHEREAS Department ofPeace will consist of seven 7 offices including

An Office of Peace Education and Training

a Develop peace curriculum and supporting materials for distribution to the department of education in each state

For the building ofcommunicative peace skills nonviolent conflict resolution skills and other objectives to increase knowledge ofpeace processes including the development of a Peace Academy

An Office of Domestic Peace Activities whose responsibilities are

1 to develop policies that increase awareness about intervention and counseling on 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 the ofcrime prevention including the development ofcommunity policing strategies and peaceful settlement skills among police and other public safety officers and

4 to develop community based strategies for celebrating diversity and promoting tolerance

An Office of International Peace Activities whose responsibilities are

1 to provide for the training and deployment of all Peace Academy graduates and other nonmilitary conflict prevention and peacemaking personnel

2 to sponsor country and regional conflict prevention and dispute resolution initiatives in countries experiencing social political and economic strife

3 to the creation a advocate of multinational nonviolent peace force 4 to provide training for the administration ofpost conflict reconstruction and demobilization in war tom societies and

5 to for provide the exchange between individuals ofthe U S and other nations who are to endeavoring develop domestic and international peace based initiatives

An Office of Technology for Peace whose responsibilities are

1 to out the functions in the carry department affecting the awareness study and impact ofdeveloping new technologies on the creation and maintenance of domestic and international peace

2 to provide grants for the research and development oftechnologies in transportation communications and energy that are nonviolent in their and the conservation application encourage and sustainability ofnatural resources in order to prevent future conflicts regarding scare resources

An Office of Anns Control and Disannament whose responsibilities are

1 to advise the Secretary ofPeace on all interagency discussions and all international the negotiations regarding reduction and elimination ofweapons of mass destruction the world throughout including the dismantling ofsuch weapons and the safe and secure storage ofrelated materials

2 to assist nations international agencies and non governmental organizations in the assessing locations ofthe buildup ofnuclear arms

3 to nonviolent deter or use develop strategies to the testing ofoffensive or defensive nuclear on weapons whether based land air sea or in outer space

4 to as serve a depository for copies ofall contracts agreements and treaties that deal with the reduction and elimination ofnuclear weapons or the protection of outer space for militarization and

5 to provide technical support and legal assistance for the implementation ofsuch agreements

An Office of Peaceful Coexistence and Nonviolent Conflict Resolution whose responsibilities are

1 to carry out those functions in the department affecting research and analysis relating to creating initiating and modeling approaches to peaceful coexistence and nonviolent conflict resolution

2 to study the impact of war especially on the physical and mental condition of children which shall include the effect of war on the environment and public health 3 to a ofthe activities publish monthlyjournal ofthe department and encourage scholarly participation

4 to gather information on effective community peace building activities and disseminate such information to local governments and non governmental organizations in the U S and abroad

5 to research the effect ofviolence in the media and make such reports available to the Congress annually and

6 to sponsor conferences throughout the U S to create awareness ofthe work of the department and

An Office of Human Rights and Economic Rights whose responsibilities are

1 to carry out those functions ofthe department supporting the principles ofthe Universal Declaration ofHuman Rights passed by the General Assembly ofthe United Nations on December 10 1948

2 to assist the Secretary ofPeace in cooperation with the Secretary of State in the furthering incorporation ofprinciples ofhuman rights as enunciated in the United Nations General Assembly Resolution ofDecember 10 1948 into all between the and agreements U S other nations to help reduce the causes of violence

3 to gather information on and document human rights abuses both domestically and internationally and recommend to the Secretary of Peace nonviolent responses to correct abuses

4 to make such findings available to other agencies in order to facilitate nonviolent conflict resolution

5 to conduct economic ofthe analyses scarcity ofhuman and natural resources as a source ofconflict and to make recommendations to the Secretary ofPeace for nonviolent ofsuch prevention scarcity nonviolent intervention in case of scarcity and the development ofprograms ofassistance for people experiencing such scarcity whether due to armed conflict maldistribution of resources or natural causes and

6 to assist the Secretary ofPeace in cooperation with the Secretary ofState and the Secretary ofTreasury in developing strategies regarding the sustainability and the management ofthe distribution of funds from international agencies the conditions regarding the receipt ofsuch funds and the impact of those conditions on the peace and stability ofthe recipient nations WHEREAS the proposed federal legislation to create a United States Department of Peace will benefit the City ofAshland by holding peace as an organizing principle for the American Society which will change the tone ofthe society and

WHEREAS the proposed federal legislation to create a United States Department of Peace will benefit the ofAshland new City by developing programs that relate to the societal challenges of domestic violence school violence guns racial or ethnic violence violence against gays and lesbians and policecommunity relations disputes which will assist members of our Police Department in experiencing fewer dangerous encounters especially while making routine runs and

WHEREAS the proposed federal legislation to create a United States Department of Peace will benefit the City ofAshland by encouraging the development ofinitiatives from the community its religious groups and its non governmental organizations which will cause greater community involvement thereby creating a stronger City and

WHEREAS the proposed federal legislation to create a United States Department of will Peace benefit the City ofAshland by eventually reducing federal spending on the military budget which is 399 billion for fiscal year 2004 2005 thereby redirecting funds to the states and cities and assisting in the balancing of our City budget

WHEREAS the proposed federal legislation to create a United States Department of Peace 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 this resolution in favor ofthe proposed federal legislation to create a United States Department ofPeace and be it

FURTHER RESOLVED that the Ashland City Council adopts this resolution in support ofour Senator s and Representative s sponsorship ofthe proposed federal legislation to create a United States Department ofPeace cnm CD3 CD o ro rea OE Es O CD CD COOOCDOllOCD l l Q o2 cll CD l l 3 iir Il l S l l oCD Q r 3 lCD nn 0 tJO o 5 o CD CD C l I l 0 CD C o 0 s tn cn CD CD 0 l r l Q tn 0 0 tJ Uf 0 e e 0 om cno 0 l o 0 0 J l CDO CDIl 0 3 E 0 JQ CD 3 Cil d m Il CD o CD QO 0 QO l CD CD 0 CD go l l CiJ 0 CD o QJ

J 0 tJ l s o a c 0 C e C 0 I CD I aCD j l C 1 0 en lCD g CO l J 0 r l S CD 0 s l 0 Q l r 0 r Dr C r tRt CD or 0 Il l r 0 0 3 CD CD l Q 1J L CD Q

CD OcnQ o Il en CDCDcn 5 rz l OOCD 9t 0 T CDOOIl iii 3 8 US CD O r 00 Cil 31l Q rllCD l CDClg m a CD 0 OJ l 2 0 C ll0 Il l I 5 1l lr 1l 0 0 0 CD o C C CD 0 CD I l CD I mm Il O CDo Q Q I 9 C CD 0 Il o g r l I 1l C rl E Il 00 CD co CD CD r lc 0 CD 0 C CD 0 CD CD Il 2 0 CD

cncnmo 00 0 CD 000CrCI OIl CD l o t l Q QOoz OS ooos oS m 3l nCD nl v ooco o 0 3 0 3 ii CD oCD CD CD CD CD5 T1 o CD CD CD Q 0 l l l eTlgCD l l lll m ll o r CD CD 0 CDIl l 1l 0 Uf l Ufo Draft Resolution before the City Council of Ashland in of the support 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 them innocent civilians women and children and

st Whereas even at the dawn of the 21 century violence is an overarching theme in the world encompassing personal national and group international conflict extending to the production of nuclear and biological chemical weapons of mass destruction which have been developed for use on land in the air under the sea and in outer space and

Whereas such conflict is often taken as a an reflection of inevitable human condition without questioning whether war is inevitable structures really whether the ofthought word and deed which we have inherited are sufficient for the any longer sustainability growth and survival of the United States and the world and indeed whether we can strive to make peace inevitable and

Whereas nonviolent methods ofresistance been have successful in conflicts where violence did not succeed from India ranging s struggle for independence to breaking down the walls of the Cold War 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 military preparations and

is no Whereas there single to to government entity assigned report the American people on the status of our efforts to achieve peace and

Whereas the existence ofcabinet level focuses positions the energies ofthe country and

Whereas nonviolent implementing approaches for domestic programs and foreign mediation broad requires education understanding research and concerted efforts and

Whereas H R 1673 a bill which co has 73 sponsors and which would establish the Department of Peace has been introduced into the U S Congress and

Whereas a Department of Peace would a structure to provide shift the paradigm in our country toward a shift which is needed now peace more than ever to reflect the human spirit of trust respect and integrity and

Whereas a decrease in conflict and will violence both save federal money and strengthen the fabric of our country

Now be it resolved that the therefore City Council ofAshland supports and affirms the creation of a Cabinet Level U S of Peace to and advance Department study peace and non violence as the in all human from organizing principles relations families and neighborhoods to courts and congresses to cities states and nations FOR CITY COUNCIL ASHLAND OREGON PACKET RE REQUEST TO PUT ON AGENDA RESOLUTION TO SUPPORT LT First U S Military to Publicly Resist Illegal War and Occupation of

CONTENTS

1 Donate from thankyoultorg

2 Lt Watada addresses national convention by Dahr Jamail 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 Sarah Olson Truthoutorg 8 162006 from www thankyoultorg

5 United Nations former Undersecretary Gen takes stand for Lt Watada at Military Hearing 8 17 2006 from www thankyoult org

6 Watada hearing succeeds in placing war on trial 8 182006 from www thankyoultorg

7 Court brief by Historians Against the War and the American Friends Service Committee from www thankyoultorg

8 City Support Expected For Soldier s Iraq Refusal 827 2006 from www abclocal go com

9 Statement from the Buddhist Peace Fellowship In Support of Lt 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 Chapter 125 d clark@antiwar com 770 855 6163

11 A Broken De Humanized Military in Iraq by Dahr Jamail 926 2006 from www truthoutorg Thank You Lt Ehren Watada Donate 09 20 2006 09 54 AM J

r c V I I l I l I l 4 fJ r J n r dfM tlWIfl U nWA U

Home Donate ThankYouLT org Main Menu Donate On June 22 U S Army First

Home Ueutenant Ehren K Watada Donate online directly to the Lt Waleda became the first commissioned Do n ate and Donate Defense Fund quickly securely officer to publicly refuse I I the donations are deployment to unlawful Petition l These not tax deductible War and However online tax deductible donations can be Iraq occupation Contact Us made via the People s Fund More information below Lt Watada has been formally Add Your Name charged with contempt

towards President Bush Take Action conduct unbecoming an officer Donate by check or money order In the News and a gentleman and missing

movement To make deductible donation mail make checks In Support a tax by postal please out

to Hawaii s Fund and note Lt Watada Defense Fund on the People On August 24 the Article 32 Organizations memo line Please send to pre trial hearing investigator Resource Toolkit recommended a general Hawaii People s Fund court martial on all Attn Lt Watada Defense Fund charges ThankYouLT Hawaii On September 15 an 810 N Vineyard Blvd additional was added Photos HI 96817 3590 charge

Videos For the first time since 1965 the military is prosecuting an Search for his He Tax deductible online donation objector opinions faces over eight years in

4ti prison over six years for You can also make an online tax deductible lI tU fuad First Amendment speech donation to Lt Watada s defense via the f a 0I00Ii l alone Hawaii People s Fund by following these

simple steps Help Lt Watada put the war

on trial Your support On the Hawaii People s Fund donate page under Gift Information simply Including donations to Lt select On behalf or and enter Lt Waleda Defense Fund in the data Watada defense fund are entry line example below urgently needed today Oift laformatioa Id like to make this donation

on behalf of 0 in memory of I Lt Watada Defense Fund

http www thankyoult org index php option com wrapper ltemid 30 Page 1 of 2 Thank You Lt Ehren Watada Donate 09 20 2006 09 54 AM

une niIDonill UilY OT Also enter U Watada Defense Fund in the Feedback box for Action to Stand Up with please good measure Note that will Lt Watilda reportsl Groundspring org 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

Play Video 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 Message to supporters Posters t shirts postcards precedent setting nature of this court martial these costs are project to reach and more 30 000 or more For example during U Watada s August 17 pre trial hearing at Washington former Assistant Secretary General of the United Nations Army ret and 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

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@ 2006 Friends and Family of Lt Watada SIGN UP FOR PERIODIC UPDATES via Courage to Resist wwwthankyoult org 866 797 0967 email address Submit

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http www thankyoult org index php option comwrapper ltemid 30 Page 2 of 2 Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 1 of 7

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ThankYoul Lt Watada addresses national veterans Main Menu On June 22 U convention M @ Lieutenant Home Ehl

became the firs Donate officer to publici

Petition deployment tc and Contact Us

Add Your Name

Take Action Lt Watada has

charged with c In the News towards Presit

In Support By Dahr Jamail truthout org August 14 2006 photosfJeff Paterson conduct unbeco

and a gentlema Organizations On Saturday night I was lucky enough to be at the Veterans for Peace National movement Resource Toolkit Convention For that night Lt Ehren Watada was able to give the following

which Ive received to here The On 24 t ThankYouLT Hawaii speech just permission post speech was met August

with a powerful standing ovation from the vets who ve been there pre trial hearin Photos recommended c

Videos Lt Ehren Watada for those who don t already know became the first martial on all 15 commissioned officer to publicly refuse deployment to the unlawful war and September Search occupation in Iraq While doing this on June 22 2006 Watada said As the charge was ad

order to take part in an illegal act is ultimately unlawful as well I must refuse

that order For the first tim

the military is p

Just as Watada took the stage and began to speak over SO members of Iraq objector for his

Veterans Against the War filed in behind him Watada surprised by this and faces over eigt obviously taken aback by the symbolic act turned back to the audience took prison over si

some deep breaths then gave this speech Amendment SpE

Help Lt Watac

on trial Your s

including donat June 27 National Day of Watada s defe Action to Stand Up with urgently needec Lt Watada reports

http thankyoultlive radicaldesigns orgcontentview 172 10 3 2006 Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 2 of 7

Play Video

Message to supporters

Posters t sh

and

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 org contentview 11721 10 3 2006 Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 3 of7

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 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 illegal orders 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 imperialistic

domination WMD ties to AI Qaeda and ties to 9 11 never

existed and never will The soldier must know that our narrowly and 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 By this each and country every American soldier marine airman and sailor is responsible for their choices and their actions The freedom to choose is only one 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 one s 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 A war of

aggression born through an unofficial policy of prevention is a

crime against the peace An occupation violating the very

essence of 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 It dictates 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 greed

and 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 dictatorship

soldiers 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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Ii I Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 5 of7

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 If soldiers 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 If we

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 they

will 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

http thankyoultli ve radicaldesigns orgcontentview 172 10 32006 Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 6 of 7

spend years in prison for principle and morality while denying their 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 daunting

task 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 our own 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

our way 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

http thankyoultli ve radicaldesigns orgcontentview 172 10 32006 Thank You Lt Ehren Watada Lt Watada addresses national veterans convention Page 7 of 7

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 as Watada is Iraq possible Pres David Cline making his stand He needs continued

support

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

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http thankyoult1i ve radicaldesigns orgcontentview11721 10 312006

nr Thank You Lt Ehren Watada Lt Watada s mother asks for your support Page 1 of 2 3

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Lt Watada s mother asks for Main Menu your support J On June 22 U

Ho Ehren Lieutenant Ehl Home By Carolyn s mom

August 15 2006 became the firs Donate officer to publici

Petition Dear Fellow Americans and Citizens of the deployment tc

International Community I am the mother of Lt Iraq War and c Contact Us Ehren Watada an officer stationed at Ft Lewis

Add Your Name He was part of a Stryker brigade unit that

deployed to Iraq on June 22nd On that fateful day he quietly defied the Take Action Lt Watada has movement order and chose not to board the plane with his men Despite charged with c the In News pressure to conform from the he submitted his request for unrelenting day towards Presit discharge in January 2006 to the day of deployment he remained true to his In Support conduct unbeco conviction He believed that he could support his men best by not leading them and a gentlema Organizations into an war and occupation that had claimed countless Iraqi and illegal already movement

American lives He believed that he could serve them a stand Resource Toolkit by taking against

the war rather than an being an accomplice in a policy that uses our troops for On 24 t ThankYouLT Hawaii August immoral unethical purposes pre trial hearin Photos recommended c Through rigorous scrutiny of the facts gleaned through research and Videos martial on all consultation with experts inside and outside of the military and the structures of September 15 Search government he concluded that he could no longer be silent while atrocities were charge was adl committed in the name of democracy He could no longer be a tool of an

administration that used but and lies to make the case for nothing deception For the first tim pre emptive war He realized that he had not relinquished the freedom to choose the military is p what is right and that the freedom to choose what is right transcends the objector for his allegiance to man and institutions faces over eigt

prison over si As an officer his duty is to support and defend the US Constitution against Amendment SpE 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 charged

him with missing movement contemptuous remarks against the president and

behavior to an officer Taken these amount to 7 unbecoming together charges Help Lt Watac

years in a military prison on trial Your s

including donat June 27 National Day of As a mother I have taken the first step in a journey of a thousand miles My Watada s defe to Action Stand Up with had son s decision raised to my awareness the disconnect between what I taught urgently needec Lt Watada reports 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

http thankyoultli ve radicaldesigns org contentview 11751 10 312006 Thank You Lt Ehren Watada Lt Watada s mother asks for your support Page 2 of 2

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 Play Video that the world is watching and that justice must be served Message to supporters

On August 16th National Day of Education groups nationally and internationally are 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

be conducted in schools homes dialog can churches community centers etc In Posters t sh

addition rallies bannering vigils etc will be held at Ft Lewis and throughout and

the 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 thankyoult org

Peace and Gratitude

Carolyn Ho Ehren s Mom

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http thankyoult1i ve radicaldesigns orgcontentview 11751 10 32006 Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada Page 1 of 6 y

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ThankYoul

Main Menu Iraq combat vets for Lt explain support On June 22 U Watada Home Lieutenant Ehl

By Sarah Olson truthout org became the firs Donate 16 2006 August officer to publici Petition deployment tc

Clifton Hicks was looking for a body Iraq War and Contact Us Specifically the Army tank driver was Add Your Name fumbling about in the dark looking for and failing to find the remains of the Iraqis who Take Action Lt Watada has moments before had been firing on his tank charged with c In the News When Hicks s flashlight swept the ground towards Presil around his feet he realized he was standing in the remains of a man Literally In Support conduct unbeco His boots wedged between the rib cage and the pelvis blood and human organs and a gentlema Organizations squishing out from beneath the souls of his shoes movement Resource Toolkit

It s this experience and others like it that made Hicks question the war in Iraq It ThankYouLT Hawaii On August 24 t also compelled him to support US Army First Lieutenant Ehren Watada the pre trial hearin Photos highest ranking member of the military to publicly refuse to deploy to Iraq recommended c

Videos martial on all 28 year old Lieutenant Watada disobeyed deployment orders on June 22nd September 15 Search several weeks after announcing his opposition to the war at a press conference charge was ad He is charged with six violations of the Uniform Code of Military Justice one count of missing troop movement two counts of speaking contemptuously For the first tim toward officials and three counts of conduct unbecoming an officer and a the military is p gentleman An Article 32 hearing is scheduled forThursday August 17th to objector for his decide whether to proceed with a general court martial If tried and convicted faces over eigt Lieutenant Watada could face over 7 years in prison prison over si

Amendment SpE GI resistance is a growing trend

The Army would like to depict Lieutenant Help Lt Watac Watada as a lone military voice of dissent a on trial Your s renegade upon whom enlisted men and donat officers alike look with and derision including June 27 National Day of scorn Watada s defe But Clifton Hicks is a number Action to Stand Up with joining growing needec of war combat veterans who the urgently Lt Watada reports Iraq support

Lieutenant And he says for every

who supports Lieutenant Watada publicly Clifton Hicks

there are possibly hundreds more who feel they cannot speak out

http thankyoultli ve radicaldesigns orgcontentview 11761 10 3 2006 Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada Page 2 of6

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

and in 2004 military was Iraq between and 2005 He says GI resistance is a

growing trend American GIs are beginning to respect the 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 Play Video

Message to supporters 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 It shows military personnel who disagree with the Iraq war another

path Posters t sh

and

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 Iraq This war 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 shooting between 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 of the one spoke 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 kid had been killed Iraqi 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

http thankyoultli ve radicaldesigns orgcontentview 11761 10 3 2006

II I Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada Page 3 of6

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 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 freedom for truth your and for this we all salute you sir

Reid says he questioned the war from the beginning but his doubts deepened

when 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

we have an but this thinking enemy 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 we were there the longer 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

http thankyoult live radicaldesigns orgcontentview 11761 10 312006 Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada Page 4 of6

stationed at Ft Stewart Georgia joined the Army in April of 2003 He was injured during training but expects to join his unit in 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

strike necessary pre emptive he says As the US armed forces mission in Iraq disappears DP says new goals are put in place The goal of finding weapons of

mass destruction turned into the military overthrow of 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

twins He that expecting says while he doesn t support the Iraq war protesting

isn 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 and a paying job 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 military don have free t speech If you 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

told him commanding officers that as long as he was in the military and wearing

the 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 artillery

cannoneer 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 particularly

remembers watching some kids play with unexploded ammunition When it

exploded several of them were killed and several more were disfigured It was

http thankyoultli ve radicaldesigns orgcontentview 11761 10 32006 Thank You Lt Ehren Watada Iraq combat vets explain support for Lt Watada Page 5 of 6

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 just

that 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 example

and 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 impression

of the war Millard says that if the Iraq war veterans opinions and experience

valued were 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 anxiously

in silence waiting for an outcome in Lieutenant Watada s case They all say they view 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 in Oakland

California

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http thankyoult li ve radicaldesigns orgcontentview 11761 10 3 2006 fhank You Lt Ehren Watada United Nations former Undersecretary Gen takes stand 1 of 2 fo Page i

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ThankYoul Main Menu United Nations former Undersecretary Gen Q On June 22 U takes stand for Lt Watada at @ Home military hearing Lieutenant Ehl

Ft Lewis Washington On August 17th became the firs Donate U S Army First Lieutenant Ehren K Watada officer to l publici the commissioned Petition first officer to publicly t deployment tc refuse to to before deploy Iraq appeared a Iraq War and Contact Us f military court for the first hearing of a case Defense witnesses Prof Add Your Name that raises core Constitutional issues about Dennis Halliday the freedom of Take Action Lt Watada has Army Col Ann Wright ret speech and the limits of presidential power with c In the News charged towards Presil Watada s civilian counsel Eric A Seitz of Honolulu called In expert witnesses Support conduct unbeco including former United Nations Undersecretary Denis Halliday University of and a gentlema Organizations Illinois Professor Francis Boyle an international law expert and U S Army movement Resource Toolkit Colonel Ann Wright ret that supported Lt Watada s contentions that the invasion of Iraq violated domestic and international law and that high level ThankYouLT Hawaii On August 24 t policies and rules of engagement permit encourage and condone the pre trial hearin Photos commission of war crimes in Iraq recommended c

Videos martial on all Watada announced his intention to refuse to deploy to Iraq in June explaining 15 Search September It is my conclusion as an officer of the armed forces that the war in Iraq is not charge was ad but only morally wrong a horrible breach of American law The war and what

we re doing over there is illegal For the first tim

the military is p He has since been charged with three counts of conduct unbecoming an officer objector for his and a gentleman two counts for the same statements of contempt towards faces over eigt officials specifically President G W Bush and one count of missing movement prison over sl If found guilty of all charges Lt Watada faces over seven years in confinement Amendment spe He faces over five years imprisonment forsimply expressing his opinion that Bush the President misled American people into an illegal war The one day Article 32 hearing on August 17th was similar to a civilian grand jury hearing

Help Lt Watac Before the Lt Watada s lead civilian Eric Seitz declared hearing lawyer The on trial Your s defense will not that what prove only Lt Watada said about the war is true but including donat June 27 National Day of that as an officer in the United States he was bound to learn the truth Army duty Watada s defe Action to Stand Up with about this war and done so to refuse to orders having carry out to participate in urgently neede Lt Watada reports it

For its part the military requested that two civilian journalists appear for the

Neither prosecution Gregg K Kakesako of the Honolulu Star Bulletin nor

Oakland based Sarah L Olson of Truthout org did so voluntarily However the

http thankyoultli ve radicaldesigns orgcontentview 11731 10 3 2006 Thank You Lt Ehren Watada United Nations former Undersecretary Gen takes stand 2 of 2 fo Page

will military have subpoena power during the actual court martial and requires their testimony to confirm Lt Watada s speech crimes

On August 16th 300 supporters converged on Ft Lewis to demand that Lt Watada be not court martialed for fulfilling his obligation under international law to refuse illegal orders Supporters national and internationally also Play Video participated in a of Education Day to study and publicly pose the question Is the Iraq War Message to supporters illegal

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ThankYoul Main Menu Watada hearing succeeds in war on placing On June 22 U trial Q Home Lieutenant Ehl

Aug 18 news Sides stake claims to law The became the firs Donate Olympian Hearing puts war on trial Seattle officer to publici Petition Post Intelligencer Putting the war on trial deployment tc

Time CNN Watada expresses no regrets Iraq War and c Contact Us Star Bulletin AP Friends and Family of Lt Add Your Name Watada media advisory below

Take Action Lt Watada has Ft Lewis WA Yesterday the defense for Lt Watada has succeeded in placing with c In the News charged the war in Iraq on trial towards Presic

In Support conduct unbeco We the appreciated opportunity to lay the groundwork to prove that the war in and a Organizations gentlema Iraq is illegal and that Lt Watada coming to this conclusion after much movement Resource Toolkit 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 ThankYouLT Hawaii On August 24 t at the facts and fulfill their obligation to national and international law he said pre trial hearin Photos recommended c The Article 32 hearing closed today at 2 00 p m Investigating Officer Lieutenant Videos martial on all Colonel Mark Keith will release a recommendation within the next few days September 15 Search regarding whether to refer Lt Watada for court martial and for which charges charge was ad

Despite frequent objections from the prosecution LTC Keith allowed the defense For the first tim to present evidence about the illegality of the war in Iraq Approximately three the military is p of hours the four hour hearing were devoted to testimony by former United objector for his Nations Undersecretary Denis Halliday Army Colonel Ann Wright ret who faces over eigt resigned in March 2003 to protest the invasion of Iraq and University of Illinois prison over sl Professor Francis Boyle an international law expert Amendment SpE

The defense submitted documents into evidence including an amicus brief filled

by the American Civil Liberties Union the Charter of the United Nations The War

Crimes Act a German favor high court ruling in of a soldier who refused to Help Lt Watac

participate in the Iraq war and letters of support from organizations and on trial Your s

prominent individuals including Representative Neil Abercrombie of Hawaii including donat June 27 National Day of Watada s defe Action to Stand Up with Two journalists who the prosecution intends to subpoena as witnesses for the urgently needec Lt Watada reports court martial should it occur did not appear at the Article 32 hearing for which

the prosecution lacks subpoena powers

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Play Video

Message to supporters

Posters t sh

and

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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http thankyoultli ve radicaldesigns orgcontentview 1177I 10 32006 Thank You Lt Ehren Watada Court brief by Historians the War and the 1 of4 Against AmericPage 7

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ThankYoul Court brief Historians the War and Main Menu by Against On June 22 U the American Friends Service Committee Q1lje Lieutenant Ehl Home If Lt Watada refuses to take part in the became the firs Donate combat activity of his unit he may endanger the officer to publici

Petition lives of his fellow soldiers as well as his own life deployment tc

If he obeys now and grieves later the war Iraq War and Contact Us crimes will likely be consummated long before

Add Your Name the protest can be resolved Perhaps the soldier

perceives not a single war crime but a pattern of serious The Take Action misconduct Lt Watada has decision in Lieutenant Watada s case will be consequential not just for him but charged with c In the News for thousands of other United States service persons who may find themselves towards Presi faced with the same dilemma In Support conduct unbeco

and a gentlema Organizations View complete amici curiae court brief PDF movement

Resource Toolkit

BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WAR AND On 24 ThankYouLT Hawaii August t AMERICAN FRIENDS SERVICE COMMITTEE IN SUPPORT OF FIRST pre trial hearin Photos UEUTENENT EHREN K WATADA recommended c

Videos martial on all TABLE OF CONTENTS September 15 Search charge was adl STATEMENT OF INTEREST OF AMICI

For the first tim I INTRODUCTION the military Is p objector for his II THE NUREMBERG PRECEDENT faces over eigt

prison over si A The Defense Of Orders Superior Rejected Amendment SpE

B Aggressive War Is A Crime Under International Law No Matter Which Nation May In Future Commit That Crime Help Lt Watac

trial Your C International Law Takes Precedence Over National Law on s including don at June 27 National Day of Watada s defe III THE NUREMBERG PRECEDENT IN UNITED STATES COURTS AND MIUTARY Action to Stand Up with TRIBUNALS urgently needec Lt Watada reports

A David Mitchell And The Fort Hood Three

B Howard Levy

ij1 ij indj A

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Ii I Thank You Lt Ehren Watada Court brief by Historians Against the War and the Americ Page 2 of 4

C After Vietnam

IV CONCLUSION

STATEMENT OF INTEREST OF AMICI

Play Video Historians Against the War HAW was formed early in 2003 at a meeting of the to Message supporters 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 Posters t sh

and

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 Mejia Castillo and United States v Sergeant Kevin Benderman Second Judicial

District 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 10 22006

I Thank You Lt Ehren Watada Court brief by 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 or

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

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@ 2006 Friends and Family of Lt Watada

http thankyoultli ve radicaldesigns orgcontentview 11891 10 22006 UNITED STATES BRIEF ON BEHALF OF AMICI V CURIAE HISTORIANS AGAINST THE WAR AND AMERICAN FIRST LIEUTENANT EHREN K WATADA FRIENDS SERVICE COMMITTEE

BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WAR AND 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 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 MILITARY 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

his pattern of serious misconduct Indeed he may conclude that

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 preparation initiation or waging of a war of aggression or a war in violation of international treaties agreements or assurances or participation in a common plan or conspiracy for the accomplishment of any of the foregoing b War crimes namely violations of the laws or customs of war Such violations shall include but not be limited to murder ill treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory murder or ill treatment of prisoners of war or persons on the seas killing of hostages plunder of public or private property wanton destruction of cities towns or villages or devastation not justified by military necessity c namely murder extermination enslavement deportation and other inhumane acts committed against any civilian population before or during the war or persecutions on political racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal whether or not in violation of domestic law of the country where 1 perpetrated

IThe Charter was part of the Treaty of London Aug 8 1945 59 Stat 1544 which established an International Military Tribunal The Nuernberg Case as Presented by Robert H Jackson Chief Of Counsel for the United States New York Cooper Square Publishers 1971 pp 22 23 The first session of the general assembly of the United Nations unanimously affirmed the principles of international law in the Charter and directed the International Law Commission to formulate them into an International Criminal Code Res 95 1 Dec 11 1946 The text 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

2 The first is that the defense of superior orders 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 in reference to the spectacular trial of Adolf Eichmann in Jerusalem in 1961 Eichmann had been head of the Jewish Affairs Section of the Reich Security Head Office and was viewed as one of those chiefly responsible for the attempted final solution of the Jewish question Eichmann s defense rested in part on the claim that he had acted on superior orders and moreover under duress that left him no moral choice The Israeli court rejected this argument holding that the accused closed his ears to the voice of conscience The court quoted the judgment of a District Military Court following the IMT that if an order was manifestly unlawful 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 269 The Court of Appeals in Eichmann s case further concluded in 1962 that the appellant had received no superior orders at all He was his own superior and he gave all orders in matters that concerned Jewish affairs Cited in Hannah Arendt Eichmann in Jerusalem New York Viking Press 1963 p 227

7 3 that justice so requires

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

For in even for the purpose of mitigating a sentence example

the case of Wilhelm Keitel Chief of the High Command of the

Armed Forces directly under Hitler the Tribunal concluded

There is nothing in mitigation Superior orders even to a soldier cannot be considered in mitigation where crimes as shocking and extensive have been committed consciously 4 ruthlessly and without military excuse or justification

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 requirement of soldierly obedience at all costs as his excuse for 5 commission of these crimes

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 6 Article II 4 b of Control Council Law No 10 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

7 area of personal responsibility for international law crimes

B Aggressive War Is A Crime Under International Law No Matter What 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 Law No 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 meeting pressed a definition which in our view had the effect of declaring certain acts crimes only when committed by the Nazis The United States contended that the criminal character of such acts could not depend on who committed them and that international crimes could only be defined in broad terms applicable to statesmen of any nation guilty of 8 the proscribed conduct

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

9 crime of aggressive war

8Report of Robert H Jackson United States Representative to the International Conference on Military Trials New York AMS Press 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 2002 states the difficulties centered on whether the substantive definition of aggression would specify Nazi or Axis aggression 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 applied against German aggressors the law includes and if it is to serve a useful purpose it must condemn aggression by any other nations including those which sit here now in 10 judgment

Telford Taylor quoted this solemn affirmation by Justice Jackson

and on the first page of Taylor s subsequent book on Nuremberg

11 Vietnam

in against peace in a clean universal way that might 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 Columbia Law 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 Counel for the United States New York Cooper Square Publishers 1971 p 93

11Telford Taylor Nuremberg and Vietnam An American Tragedy New 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 indisputable At their conclusion the United States government stood legally politically and morally committed to the principles enunciated in the charters and judgments of the tribunals Taylor shows that the President of the United States thirty or more American judges who took part in the tribunals General Douglas MacArthur and the United States delegation to 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 of prosecution 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 which are not equally applicable to the officials of the Allied 12 Powers and to those of all nations

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 another Thus the integrity of is staked on those principles and today the question is how they apply to the conduct of our war in Vietnam and whether the United States Government is prepared to face the consequences of their application T he Son My My Lai courts martial are shaping the question for us and they can not be fairly determined without full inquiry into the higher responsibilities Little as the leaders of the Army seem to realize it this is the only road to the Army s salvation for its moral health will not be recovered until its leaders are willing to scrutinize their behavior by the same standard that their revered to predecessors applied Tomayuki Yamashita 25 years ago 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 given jurisdiction over the vanquished but not the victors Many times I have heard Germans and others complain that only the losers get tried

Taylor continued

Early in the Korean War when General Douglas MacArthur s forces landed at Inchon the American and South Korean 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 During the brief period when our final victory appeared in hand I received several telephone calls from members of the press asking whether the United States would try suspect North 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 way 13 street

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 part in the War Crimes Tribunal created by Lord Bertrand Russell See Bush The Supreme Crime p 2393 n 224 citing Staughton Lynd 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 have international duties which transcend the national 14 obligations of obedience imposed by the individual State

Article 8 was revised by the International Law Commission to

read

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 IS choice was in fact possible to him

I4 Principles 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 1950 U 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 465 466

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

16 court to decide rather than a matter of general principle

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 with the law of all nations That a soldier was ordered to kill

or torture in violation of the international has never been recognized as a defense to such acts of brutality The true test which is found in varying degrees in the criminal law of most nations is not the existence of the order but whether moral choice was in fact 17 possible

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 AND MILITARY 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 par 105 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

18 classification forms from the draft board awaiting me 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

19 to tend the ovens or the gas but could be a guard or clerk

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 engaged in 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 by Alice Lynd Boston Beacon Press 1968 pp 93 94

19Id pp 94 97

17

II recognized by the Charter and Judgment of the Nuremberg Tribunal

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

20 Tribunal

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

in defense was that the war in Vietnam was being conducted violation of various treaties to which we were a signatory especially 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 imposing individual responsibility Article 8 provides The fact that the Defendant acted pursuant to order of his Government but or of a superior shall not free him from responsibility may be considered in mitigation of punishment Mr Justice Jackson the United States in prosecutor at Nuremberg stated If certain acts 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 against others which we would not be willing to have invoked against us International Conference on Military Trials Dept State 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 bound the Judges in every State shall be thereby There is a considerable body of opinion that our

20Id pp 99 102

18 actions in Vietnam constitute the waging of an aggressive war This case presents the questions 1 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 aggressive war is in the context of this criminal prosecution a justiciable question 3 whether the Vietnam episode is a war in the sense of the Treaty 4 whether petitioner has standing to raise the question 5 whether if he has it may be tendered as a defense in this criminal case or in amelioration of the punishment These are extremely sensitive and delicate questions 21 But they should I think be answered

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

22 from denial of certiorari

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 pp 182 84

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 However I 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 reject 23 this defense

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

24 to train them

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

book The the Army Robin Moore was the author of a bestselling

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

25 violations had been made out

An out of court hearing followed The Law of Land Warfare

prohibits 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 pp 905 08

21 26 commando operations

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 Application of 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

27 prima facie showing

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

28 outside it

Under Levy and the military manuals that reflect it a

military order is presumed to be lawful and is disobeyed at the

26 Id pp 908 15

27 Id 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

29 receiving the order But what if the order conflicts with the principles not yet fully incorporated in statute or Supreme

30 Court precedent on 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 by international law or the law of nations In the majority decision about the rights of prisoners at the Guantanamo detention facility the justices turned historian and cited such precedents as 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 open to claims based on the law of nations and that a court today should likewise entertain a claim that rests on a norm of international character accepted by the civilized world So sa v Alvarez Machain et al No 03 339 June 29 2004 Slip Opinion at 17 19 30

23 31 children and animals 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

32 chaplain but nothing was done about it

An intrepid Lieutenant Colonel writing in the Military

Review has discussed the bombing of Dresden and the My Lai

Davidson massacre in the light of Nuremberg Michael states

Law Warfare FM flatly citing US Army Field Manual The of Land

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 with war crimes an international charged by 33 tribunal or by a US military tribunal or courts martial

The One might wish it to be so but this is not quite what

Law of Land Warfare amounts to The introduction to FM 27 10

of land lists more than a dozen treaties relating to the conduct

list warfare which have been ratified by the United States The

includes six Geneva Conventions and six Hague Conventions but

34 there is not one word about Nuremberg

31U S v Calley 48 C M R 19 23 24 1974

32Lt Col Michael Davidson Staff Officer Responsibility for 54 War Crimes Military Review Mar Apr 2001 p

and Vietnam 143 and 33Id p 55 citing Taylor Nuremberg p DC US US Army Field Manual The Law of Land Warfare Washington Government Printing Office 1956 pp 180 81

34Nicholas Turse a major contributor to this submission to writes In the introduction to FM 27 10 there is a reference

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 35 was unlawful

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

36 ei ther guidebook

TM 27 251 This document is a 300 plus page Army pamphlet 27 1 titled Treaties Governin Land Warfare This entire document can be found at http www usapa army mil pdffilesl p27 5F1 pdf Searching the index I found no reference to Nuremberg

35FM 27 10 p 182 Malham M Wakin Applying Nuremberg Principles to Limited War United States Air Force Academy Journal of Legal Studies v 6 1996 p 169 comments that this provision seems to have caught the spirit of the Nuremberg principles in balanced fashion While this may be so in the abstract Provision 509 does not give sufficient guidance to help the 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 para Mark 14c 2 a i and FM 27 10 p 182 A massive article by Osiel describes the legal uncertainty that exists concerning what 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

detainee platoon leader had been relieved of his command when a

escaped The military appeals court found that the platoon

leader s order was palpably illegal and patently wrong and

37 upheld Staff Sergeant Griffen s conviction for murder

On the other hand also in Vietnam Lt James Duffy leading

took a a patrol composed mainly of draftees entered a village

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

At executioner chosen by Duffy from among several volunteers

trial four lieutenants testified that their orders were to take

stress on no prisoners and that their superiors laid primary

the body count The court having convicted the lieutenant of

murder revoked its judgment reduced it to involuntary

38 manslaughter and sentenced Duffy to six months confinement

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 procedural irregularity but that these criteria bear no necessary relation at in to one another and so not surprisingly are regularly odds concrete cases 1d at 1020

39 586 371d p 59 citing United States v Griffen C M R 1968 at 588 590

his 38Taylor Nuremberg and Vietnam pp 150 51 basing account 1970 York Times on reporting between March 28 and AprilS by New reporter Philip Shabecoff

26

Ii crime when I see it It is essentially standardless and subjective Indeed it hardly advances beyond the statement of

Court in Roger Taney Chief Justice of the United States Supreme

that a the era of the Civil War I t can never be maintained military officer can justify himself for doing an unlawful act by producing the order of his superior The order may palliate

39 but it cannot justify

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

in which he is comes to the conviction that the fighting engaged

in form is illegal Will he be required to oppose war any

before he is excused from obedience to particular orders that he

believes to be criminal Or to pose the problem more abstractly

States how can the Nuremberg Principles that the United professes

to honor be incorporated in existing law

Professor Donald A Peppers has made a case for recognition

calls selective on the basis of Nuremberg of what he

39Steven Fogelson Note The Nuremberg Legacy An Unfulfilled Promise Southern California Law Review v 63 March 1990 text 13 U S at n 233 Taney made his comment in Mitchell v Harmony 1 How 115 137 1851 The author states that the prosecution of Henry Wirz the Confederate commandant of the prisoner of war these lines Wirz camp at Andersonville proceeded along Although the orders of his produced evidence at trial that he followed of murder superior General John H Winder he was found guilty in violation of the laws and customs of war

27

Ii 4o nonconscientious objection He argues that for practical

for the individual purposes the war crimes of most consequence

soldier are those described in the Nuremberg Charter as war

crimes and crimes against humanity which at trial were almost

41 into always merged He indicates that these offenses fall

crimes three groups crimes relative to prisoners of war

relating to civilian populations and crimes involving

42 But impermissible weapons or tactics of warfare 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

43 conflict

Given this uncertainty in the definition of war crimes

the Peppers argues that the more indeterminate and cloudy

definitions of war crimes under international law the stronger

situation where is an individual s right not to be placed in a

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 actions he must choose whether or not to engage in particular

A s the definitions of criminal acts in war become increasingly less sharp the point in the process of being compelled or ordered at which the individual has the right to protest legitimately becomes progressively farther removed from the final order actually to commit criminal acts In effect when the choice a person is forced to make becomes more difficult because the definition of the crime whether the in question is unclear or because it is unclear at all then the act is still or yet considered a crime of the state not to place a citizen in that obligation 44 position becomes that much stronger

On one point the evolution of United States military

extension of doctrine since Peppers wrote in 1974 may call for an

his argument

and the Peppers reports that at Nuremberg only statesmen

highest military officers were charged with the crime against

United States has now peace of aggressive war The explicitly

2002 endorsed the doctrine of preemptive war In a speech at the

graduation exercises at West Point President George W Bush

remarked that for much of the last century America s defenses

and had relied on the Cold War doctrines of deterrence

containment But the President argued containment means

nation or citizens to nothing against terrorist networks with no

defend the war with terror will not be won on the defensive

action and the United States must be prepared for preemptive

45 In 2002 the Bush Administration when necessary September

44Id p 162

2002 06 20020601 45http www whitehouse gov news releases 3 html emphasis added

29

Ii in promulgated a new National Security Doctrine which stated part that

we will not hesitate to act alone if necessary to exercise our right of self defense by acting preemptively against such terrorists to prevent them from doing harm against our 46 people and our country

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 of is an aggressor in violation of international law a part

Lt Watada s conclusion that what he is being ordered to do is

in future cases like his a wrong In his case then and

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

not soldiers towards whom one rightly feels responsible is

practical Yet refusal to fight is precisely what Nuremburg

demands The solution as Pepper indicates is to refuse to

that do not continue to engage in combat at a time and place

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 abc7news com 09 20 2006 10 08 AM

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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 who s refusing to serve in Iraq

First Lieutenant Ehren Watada faces a possible court marital because of his decision He calls the Iraq war illegal although 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 If you look at the uniform code of military justice it says very clearly that every soldier has a duty to disobey an unlawful order

If the 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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Today s Headlines

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3 of 6 http abclocal go com kgo story section local id 4501133 Page

II BPF 1 Statement on Lt Watada Page 1 of 2 9

Statement from the Buddhist Peace Fellowship In 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 many Buddhist traditions and other spiritual backgrounds who have deep concern for our world and who aspire to meet suffering with compassion and wisdom BPF supports the words and actions of Lt Ehren Watada as he follows his conscience and his heart and refuses to deploy to Iraq We offer Lt Watada our solidarity and deep gratitude for this act ofcourage

As we and many other Americans have followed the news from Iraq these past three years we believe that our 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 deepen resentment and violence both in Iraq and towards the United States This has proven true as more than 2 000 U S militaryour brothers sisters and children have been killed there along with untold numbers of Iraqi civilians whose numbers grow daily in the face of a bitter civil war The only benefit of this war has been to the profit line of U S corporations like Halliburton and Bechtel and arms manufacturers like Lockheed Martin and General Dynamics

The Buddha oncetaught Hatred is never appeased through hatred Only through love is hatred appeased This 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 full awareness of the consequences he will face Lt Watada has taken this stand because of his conviction that others 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 welfare of others before his own

We encourage all our members to contribute to support Lt Watada s cause in whatever way they can and we 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 Fellowship www bpf org PO 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 and letters from around the country could make a difference

http www bpf 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 Gen James 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 Ehren Watada s right to refuse an illegal war I ask that you not bring court martial proceedings against him If there is 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 and or call the FtLewis switchboard at 253 967 1110 Or you can write to him at

Commanding General Fort Lewis and I Corps Lt 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 priority mail for additional impact and timely delivery We expect that Lt Gen Dubik will issue his decision next week but there is no required timeline Do not delay and take action today The contact address and phone numbers for Lt Gen Dubik may change over the course of this action alert so check www ThankYouLt org for 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 Clark June 27 2006 Veterans For Peace Greater Atlanta Chapter 125 D dclark@antiwar com 770855 6163

STATEMENT IN SUPPORT OF FIRST UEUTENANT EHREN WATADA

It is my great honor and duty to be here today to share with others my support for the action of First Lieutenant Ehren Watada in disobeying an unlawful order to serve in a war that is both immoral and illegal as well as to show my support for all military service members and their families who are now resisting this war

Lt Watada s refusal to obey orders to deploy to Iraq with his unit was not made lightly It came about through much soul searching and research that led him to the irreversible conclusion that to participate in this unlawful war of aggression would make him an accomplice to a criminal act

Lt Watada is the first commissioned officer to refuse orders to Iraq and is also the first soldier to do so who is not a conscientious objector His decision is based on legal grounds as well as moral with the recognition that a soldier has not only the duty to obey all lawful orders but also has the moral and legal obligation to disobey any unlawful order

Lt Watada s mother described her son as having an unflinching commitment to his men and to democratic ideals and said that he believes that he can best serve them by taking a stand against the war

In so doing she said he demonstrates that one does not relinquish the freedom to choose what is right even in the military and that the freedom to choose what is right transcends the allegiance to man and institutions

Lt Watada is doing the right thing As a US Army veteran myself of eight years active duty with five years in the military police and three years as a special agent in the US Army Criminal Investigation Command as a former soldier who remembers very well being explicitly trained by the Army that it is the duty of a soldier to disobey any unlawful order and to comply with the Geneva Convention I honor Lt Watada for the courage to be true to his conscience and true to his oath of office as a commissioned officer to support and defend the Constitution and bear true faith and allegiance to the same

Refusing to participate in an unjust and illegal war is an act of conscience that is also an affirmation ofthe rule of law No soldier owes absolute allegiance to any military system The legal authority of military command is grounded in the rule of law which is based on the Constitution and the Uniform Code of Military Justice

The Constitution has requirements for what branch of government has the power to declare war and for what purpose which is specified as being for the defense of the United States and also makes any treaties adopted by the United States the law of the land

There is a point at which one s conscience and understanding of the US Constitution the United Nations Charter the Nuremberg Principles and the Geneva Conventions Debbie Clark June 27 2006 Veterans For Peace Greater Atlanta Chapter 125 dclark@antiwar com 770855 6163 requires an individual to make the conscious decision to obey or not to obey what he believes to be an unlawful order

With great courage Lt Watada made that decision

There is one veteran who was not able to be here today to show his support for Lt Watada but who would have liked to He is a veteran of Operation Desert Shield and Desert Storm now retired US Air Force Major Kelley G Culver ofAugusta Georgia

Major Culver has provided a statement in support of Lt Watada which I will relay on his behalf

In 1990 I was commanderof an AirForce Combat Communication Squadron deployed to the Persian Guff for Operation Desert Shield and Desert Storm At the time ofthe deployment I was opposed to the warbecause it was obvious that the true reason was not the liberation of Kuwait from Iraq but the protection ofAmerican oil interests in the Persian Guff

The true purpose ofthis warwas obvious The US had been a supporter ofSaddam Hussein s government in the years prior to the war and had previously turned a blind eye to Hussein s activities Suddenly in 1990 the United States was outraged at his actions We went to waron a tapestry oflies

The current warin Iraq was also started on a tapestry oflies Neither the situation in 1990 northe situation todayjustifies the loss ofAmerican military men and women

In 1990 I opposed the war in the Persian Gulf but I deployed and served in spite ofmy objections My reasons simply put were that I had a career at stake To refuse to deploy would have ended that career I was not willing to pay that price

Today we assemble in support ofLt Ehren Watada who realizing the illegal nature of the war in Iraq has chosen to do what I could not do 16 years ago People will call him a coward for his actions but I can assure you this is the action of a brave man

Today I add mysupport to the cause ofLt Watada and I thank him for taking the stand that 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 has taken because whether we served in war or 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 whose conscience 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 to obey all lawful orders also if it is true to its own code imposes upon them the obligation to disobey all unlawful orders A Broken De Humanized Military in Iraq Page 1 of 2

A Broken De Humanized Military in Iraq By Dahr Jamail t rut h 0 uti Perspective

Tuesday 26 September 2006

While the chicken hawks who lead the US continue deranged their efforts to wage another unprovoked war of aggression this 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 media corporate is forced to report on it you know it s bad Last week on the NBC News General retired said of the Nightly Barry McCaffrey now current state of the US military I think arguably it s the worst readiness condition the US has since the Army faced end of Vietnam This isn t a big surprise when we consider the facts that soldiers are into their third many already combat tour frequent deployments have cut training time at home in half and two thirds of all Army combat units are rated not ready for combat

The fact that 60 of National Guard have soldiers already reached their limit for overseas combat is most likely not going to slow down the Cheney administration s lust for more war ll Most likely they just have Rummy change the Pentagon s policy that 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 If you think the National Guard s I think busy today we re going to look back and say these were the good old days in about three A years comment to which General McCaffrey responded More is being asked of them particularly the National Guard 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 that it is stretched because so thin by the occupation of Iraq it is once again extending the combat tours of thousands of soldiers their beyond promised 12 month tours It s the second time since August Le last month that this has occurred The 1st Armored Division which is its Brigade having tour extended just happens to be located in the province of AI Anbar which the has since lost military long control of Between 3 500 and 4 000 soldiers are affected by this decision

The move defense Loren to tell prompted analyst Thompson reporters The Army is coming to the end of its rope in Iraq It simply does not have enough active duty military personnel to sustain the current level of effort

There are over 142 000 US in Just currently soldiers Iraq last week General John Abizaid the top US commander in the said the is to maintain and region military likely possibly even increase its force level in Iraq through next spring

What does this look like for US on the in Here is troops ground Iraq an emaill received just last week from a mother whose son is serving in the US military in Ramadi

bear what My son cannot he is forced to do and has probably through sheer terror confusion and split second decisions killed innocent civilians He is well of aware this and I have witnessed the consequences first hand He probably carries innocent blood on his hands The killing of innocent people is virtually unavoidable He is in AI Anbar You region are the ONLY person in the media who has responded to my emails The other emails I sent to news organizations questioning why so little news out of AI Anbar were unanswered I believe that it is because the US has lost that and is region suppressing that news to the American public My son called me last week from Ramadi and said the war is lost are thru the they just going motions again forced to carry out orders and risk their lives for unobtainable an and unjust goal I continue to read your web site as well as others while I pray for my son s safe homecoming in spring

Her the of her son s mental state and her anguish description son s report of the conditions in Ramadi tragic as they are come At the as no surprise time of this writing over 2 703 US soldiers have been killed in Iraq and over ten times that number wounded This month over 61 American have soldiers been killed in Iraq With an average of over 2 5 killed daily this month at the time of this writing it s already the third bloodiest month this year in Iraq for occupation forces

Another released last weekend from the report Veterans Health Administration found that over one third of Iraq and veterans medical Afghanistan seeking treatment are reporting symptoms of stress or other metal disorders This is a tenfold increase in the last 18 months alone The dramatic jump in cases is attributed to the fact that more troops are facing multiple tours in Iraq and Afghanistan

This is of course the fact complicated by that veterans groups claim that the VA is not able to meet the growing demand for services Already veterans have had to deal with waits for doctor long appointments oftentimes over six months staffing shortages and lack of equipment at medical centers run by the VA

http www truthoutorgldoc s 2006 printec092606A shtml 10 3 2006 A Broken De Humanized Military in Iraq Page 2 of 2

The woman who sent the email about her me son gave me permission to publish another email that shows clearly how the over 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 he wants to wax them all His morale is low and he has a weak LT who is unable to keep up with the pace I required would love to share these emails with you but I am afraid I m afraid of the implications should this ever out I want to do to communications get nothing endanger my with my son My impression through my and contact with soldiers readings is that the Iraqis are generally good people The American occupation seems to be that much for the only making things worse average Iraqi My impression is that Iraq is a country with no No what hope matter is done they will never have a stable government no matter what form it might take From I able my son m to glean the complete CHAOS Ramadi is in It is hopeless As a mother I want him to do whatever is home necessary to come and will not sugar coat my thoughts that he should kill everything and come home not someone who is innocent Naturally obviously an civilian but how do you tell How do you know who is innocent and who is threat a Therefore he feels that daisy cutting the town is the only option Of course this will not and he happen s blowing smoke However it is an indication of how bad things are there the the struggle between Marines and the insurgents is never ending The type of bomb now employed by the is insurgents whoever they are frightening a metal plate on the ground when the Marine steps on it it connects the circuit and that boy is blown up son is missions thru My running back alleys and is hauling a machine that is He is gun destroying his back a slender young man and the gear he is carrying is affecting his health He for can run miles but not with a hundred pounds on him Already I hear such a hardness in his emails such low morale such hopelessness and he has only just begun this deployment hopefully his last his third

America is a nation to and is great compassionate many my homeland I am sickened at what is happening and what son is made to do Marine my being as a Ultimately we have morphed into an empire It breaks my heart that my son may die on foreign soil fighting a useless war that will only lead to more death and destruction

The the longer occupation of Iraq continues more death and destruction are two all of things us can count on Along with a broken that is stretched bleeding military being even further each day and the anxious families of those serving whose nerves 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 He now writes for Inter Press Service and Truthout He regularly maintains a web site at dahriamailiraq com

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C k GCft1 l tid 1jA1l fVL G YI I h r n Vl t i l Y1fl Dear Councilors and Mayor

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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 should have to endure Please pass a law to ake this kind of animal abuse illegal Please heavily restrict the tethering of dogs and other animals at their homes

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