Ehren Watada - United States

Ehren Watada Leads the Way Out of Iraq

The military court stifled Watada's challenge to the war's legality, but his stand reveals the path those in power should follow.

by Amy Goodman, King Features Syndicate, www.alternet.org, January 31, 2007

You can jail the resistors, but you can't jail the resistance. George Bush, take notice as U.S. Army Lt. Ehren Watada is court-martialed next week. Congress, take heed. Young people in harm's way are leading the way out of Iraq. It is time you followed.

Watada was the first commissioned officer to refuse deployment to Iraq. He joined the military in March of 2003. He believed President Bush's claims that Saddam Hussein had weapons of mass destruction, connections to 9/11 and al-Qaida, and that Iraq was an imminent threat to the United States.

After signing on, he studied intensively to be well-prepared to lead troops in Iraq. His studies, and the daily news coming out of Iraq of civilian deaths and no WMDs, led him to the conclusion that the war was not only immoral, but also illegal.

On June 6, 2006, Watada said: "My moral and legal obligation is to the Constitution and not to those who would issue unlawful orders. ... As the order to take part in an illegal act is ultimately unlawful as well, I must, as an officer of honor and integrity, refuse that order."

He refused to deploy. The Army charged Watada with missing the troop movement, contempt toward officials and conduct unbecoming an officer. Watada hoped that his court-martial would be a hearing on the legality of the war. He was not claiming conscientious objection; rather, he says, he simply refused an illegal order. He offered to resign his commission. He offered to serve in Afghanistan. The Army refused his offers. A military judge ruled Watada cannot present evidence challenging the war's legality nor explain what motivated him to resist his deployment order.

On our "Democracy Now!" news hour, Watada said of his upcoming Feb. 5 court-martial, "It will be a non-trial. It will not be a fair trial or a show of justice. I think that they will simply say: 'Was he ordered to go? Yes. Did he go? No. Well, he's guilty.'"

Several journalists to whom Watada spoke were subpoenaed in order to testify, first at his pretrial hearing, then at the court-martial. The journalists fought back, and in each case, the Army backed down. Sarah Olson, one of the independent journalists involved, said, "I am glad the growing number of dissenting voices within the military will retain their rights to speak with reporters."

Dissent within the military against the war in Iraq is growing. Iraq Veterans Against the War has quadrupled in size in the past year. More than 1,200 soldiers have signed on to an "Appeal for Redress," with which active-duty soldiers can appeal to Congress for an end to the war with legal protections against retaliation from the military. The appeal simply reads: "As a patriotic American proud to serve the nation in uniform, I respectfully urge my political leaders in Congress to support the prompt withdrawal of all American military forces and bases from Iraq. Staying in Iraq will not work and is not worth the price. It is time for U.S. troops to come home."

Sgt. Ronn Cantu signed the Appeal for Redress, which soldiers can do confidentially online at appealforredress.org. In a "Democracy Now!" exclusive, Cantu spoke to us over a crackly cell-phone connection from the front lines in Iraq: "I'm scared out of my mind right now. ... It's a belief of the soldiers I've talked to that any troop increase over here, it's just going to be more sitting ducks, more targets."

Since Watada and other active-duty resistors are facing years in military prison, I recently asked two of the most progressive members of the new Senate, Sens. Bernie Sanders, I-Vt., and Sherrod Brown, D-Ohio, what Congress could do for the soldiers facing court-martial. Both replied, "I don't know." As Congress wrangles over nonbinding resolutions co

ndemning Bush's war-making -- or as he calls it, his "surge" -- these brave young patriots are making binding decisions.

Without Congress taking decisive action, these soldiers are left to fend for themselves. How many must die, how many must be sent to prison or flee to Canada, before the U.S. Congress ends this war?

Amy Goodman is the host of the nationally syndicated radio news program, Democracy Now!

*****

Conscientious Rejector ? - Kevin Watada

Kevin Sites interviews Lt. Ehren Watada

http://hotzone.yahoo.com/, January 2, 2007

First Lt. Ehren Watada, a 28-year-old Hawaii native, is the first commissioned officer in the U.S. to publicly refuse deployment to Iraq. He announced last June his decision not to deploy on the grounds the war is illegal.

Lt. Watada was based at Fort Lewis, Washington, with the Army's 3rd (Stryker) Brigade, 2nd Infantry Division. He has remained on base, thus avoiding charges of desertion.

He does, however, face one count of "missing troop movement" and four counts of "conduct unbecoming an officer and a gentleman." If convicted, he faces up to six years in prison.

Watada's court martial is on February 5. A pre-trial hearing is set for January 4, with an added scope of controversy: the Army has ordered two freelance journalists, Sarah Olson and Dahr Jamail, to testify against Lt. Watada at the hearing. Both journalists are fighting the subpoenas.

Kevin Sites recently spoke with Lt. Watada about the reasoning behind his decision, the controversy the decision has caused and how he is dealing with the repercussions.

Lt. Watada spoke on the phone from his family's home in Hawaii. Click here to listen to the full audio version of the conversation. A transcript of the interview follows.

KEVIN SITES: Now, you joined the Army right after the US was invading Iraq and now you're refusing to go. Some critics might look at this as somewhat disingenuous. You've taken an oath, received training but now you won't fight. Can you explain your rationale behind this?

EHREN WATADA: Sure. I think that in March of 2003 when I joined up, I, like many Americans, believed the administration when they said the threat from Iraq was imminent - that there were weapons of mass destruction all throughout Iraq; that there were stockpiles of it; and because of Saddam Hussein's ties to al-Qaeda and the 9/11 terrorist acts, the threat was imminent and we needed to invade that country immediately in order to neutralize that threat.

Since then I think I, as many, many Americans are realizing, that those justifications were intentionally falsified in order to fit a policy established long before 9/11 of just toppling the Saddam Hussein regime and setting up an American presence in Iraq.

SITES: Tell me how those views evolved. How did you come to that conclusion?

WATADA: I think the facts are out there, they're not difficult to find, they just take a little bit of willingness and interest on behalf of anyone who is willing to seek out the truth and find the facts. All of it is in the mainstream media. But it is quickly buried and it is quickly hidden by other events that come and go. And all it takes is a little bit of logical reasoning. The Iraq Survey Group came out and said there were no weapons of mass destruction after 1991 and during 2003. The 9/11 Commission came out and said there were no ties with Iraq to 9/11 or al-Qaeda. The president himself came out and said that nobody in his administration ever suggested that there was a link.

And yet those ties to al-Qaeda and the weapons of mass destruction were strongly suggested. They said there was no doubt there were weapons of mass destruction all throughout 2002, 2003 and even 2004. So, they came out and they say this, and yet they say it was bad intelligence, not manipulated intelligence, that was the problem. And then you have veteran members of the

CIA that come out and say, "No. It was manipulated intelligence. We told them there was no WMD. We told them there were no ties to al-Qaeda. And they said that that's not what they wanted to hear."

SITES: Do you think that you could have determined some of this information prior to joining the military - if a lot of it, as you say, was out there? There were questions going into the war whether WMD existed or not, and you seemingly accepted the administration's explanation for that. Why did you do that at that point?

WATADA: Certainly yeah, there was other information out there that I could have sought out. But I put my trust in our leaders in government.

SITES: Was there a turning point for you when you actually decided that this was definitely an illegal war?

WATADA: Certainly. I think that when we take an oath we, as soldiers and officers, swear to protect the constitution - with our lives as necessary - and those constitutional values and laws that make us free and make us a democracy. And when we have one branch of government that intentionally deceives another branch of government in order to authorize war, and intentionally deceives the people in order to gain that public support, that is a grave breach of our constitutional values, our laws, our checks and balances, and separation of power.

SITES: But Lieutenant, was there one specific incident that happened in Iraq or that the administration had said or done at a certain period that [made you say] "I have to examine this more closely"?

WATADA: No, I think that certainly as the war went on, and it was not going well, doubts came up in my mind, but at that point I still was willing to go. At one point I even volunteered to go to Iraq with any unit that was short of junior officers.

SITES: At what point was that?

WATADA: This was in September of 2005. But as soon as I found out, and as I began to read and research more and more that the administration had intentionally deceived the public and Congress over the reasons for going to Iraq, that's when I told myself "there's something wrong here."

"I saw the pain and agony etched upon the faces of all these families of lost soldiers. And I told myself that this needs to stop."

SITES: Was there any kind of personal conviction as well, I mean in terms of exposure to returning soldiers or Marines - the kinds of wounds they suffered, the kinds of stories that they were bringing back with them - did that have any kind of influence or create any factors for you in coming to this decision?

WATADA: Sure, I felt, well, in a general sense I felt that when we put our trust in the government, when we put our lives in their hands, that is a huge responsibility. And we also say that "when we put our lives in your hands, we ask that you not abuse that trust; that you not take us to war over flimsy or false reasons; that you take us to war when it is absolutely necessary." Because we have so much to lose, you know - the soldiers, our lives, our limbs, our minds and our families - that the government and the people owe that to us.

SITES: Was there a fear that played into that? Did you see returning soldiers with lost limbs? Was there a concern for you that you might lose your life going to Iraq?

WATADA: No, that had nothing to do with the issue. The issue here is that we have thousands of soldiers returning. And what is their sacrifice for? For terrorism or establishing democracy or whatever the other reasons are. And I saw the pain and agony etched upon the faces of all these families of lost soldiers. And I told myself that this needs to stop. We cannot have people in power that are irresponsible and corrupt and that keep on going that way because they're not held accountable to the people.

SITES: You know on that note, Lieutenant, let me read you something from a speech that you gave in August to the Veterans for Peace. You had said at one point, "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." Who were you speaking about when you said that?

WATADA: I was speaking about everybody. The American people. That we all have that duty, that obligation, that responsibility to do something when we see our government perpetrating a crime upon the world, or even upon us. And I think that the American people have lost that, that sense of duty. There is no self-interest in this war for the vast majority of the American people. And because of that the American soldiers have suffered.

There really is a detachment from this war, and many of the American people, because there is no draft, or for whatever reason, because taxes haven't been raised, they don't have anything personally to lose or gain with this war, and so they take little interest.

SITES: Do you think President Bush and his advisers are guilty of criminal conduct in the prosecution of this war?

WATADA: That's not something for me to determine. I think it's for the newly-elected congress to determine during the investigations that they should hold over this war, and pre-war intelligence.

SITES: But in some ways you have determined that. You're saying this is an illegal war, and an illegal act usually takes prosecution by someone with criminal intent. Is that correct?

WATADA: Right, and they have taken me to court with that, but they have refused - or it will be very unlikely that the prosecution in the military court will allow me to bring in evidence and witnesses to testify on my behalf that the war is illegal. So therefore it becomes the responsibility of Congress, since the military is refusing to do that. It becomes the responsibility of Congress to hold our elected leaders accountable.

SITES: Now this is the same Congress though that in a lot of ways voted for this war initially. Do you think that they're going to turn around and in some ways say that they were wrong? And hold hearings to determine exactly that, that they made a mistake as well? It seems like a long shot.

WATADA: Right, well I think some in Congress are willing to do that, and some aren't. And that's the struggle, and that's the fight that's going to occur over the next year.

SITES: Let me ask you why you decided to go to the press with this. In this particular case you're the first officer - there may have been other officers that have refused these orders, but you're the first one to really do this publicly. Why did you do that?

WATADA: Because I wanted to explain to the American people why I was taking the stand I was taking - that it wasn't for selfish reasons, it wasn't for cowardly reasons.

You know, I think the most important reason here is to raise awareness among the American people that hey - there's a war going on, and American soldiers are dying every day. Hundreds of Iraqis are dying every day. You need to take interest, and ask yourself where you stand, and what you're willing to do, to end this war, if you do believe that it's wrong - that it's illegal, and immoral. And I think I have accomplished that. Many, many people come up to me and say, "because of you, I have taken an active interest in what's going on over in Iraq."

And also, you know, [I want to] give a little hope and inspiration back to a lot of people. For a long time I was really without hope, thinking that there was nothing I could do about something that I saw, that was so wrong, and so tragic. And I think a lot of people who have been trying to end this war felt the same way - that there was just nothing that they could do. And I think by taking my stand publicly, and stating my beliefs and standing on those beliefs, a lot of people have taken encouragement from that.

SITES: You've said that you had a responsibility to your own conscience in this particular situation. Did you also have a responsibility to your unit as well? I just want to read you a quote from Veterans of Foreign Wars communications director Jerry Newbury. He said "[Lt. Watada] has an obligation to fulfill, and it's not up to the individual officer to decide when he's going to deploy or not deploy. Some other officer will have to go in his place. He needs to think about that." Can you react to that quote?

WATADA: You know, what I'm doing is for the soldiers. I'm trying to end something that is criminal, something that should not have been started in the first place and something that is making America less safe - and that is the Iraq war. By just going there and being willing to participate, and doing my job, or whatever I'm told to do - which actually exacerbates the situation and makes it worse - I would not be serving the best interest of this country, nor the soldiers that I'm serving with. What I'm trying to do is end something, as I said, that's illegal, and immoral, so that all the soldiers can come home and this tragedy can come to an end.

It seems like people and critics make this distinction between an order to deploy and any other order, as if the order to deploy is just something that's beyond any other order. Orders have to be determined on whether they're legal or not. And if the order to deploy to a war that is unlawful, if that is given, then that order itself is unlawful.

SITES: How did your peers and your fellow officers react to your decision?

WATADA: I know that there have been some people within the military who won't agree with my stance, and there have been a lot of members of the Army of all ranks who have agreed with what I've done. And I see it almost every other day, where someone in uniform, or a dependent, approaches me in person, or through correspondence, and thanks me for what I have done, and either supports or respects my stand.

SITES: You've remained on base, and that's been a situation that can't be too comfortable for you. Can you fill us in on what that's been like there?

WATADA: I think that for the most part, people that I interact with closely - I have been moved, I'm no longer in the 3rd Striker Brigade, I'm over in 1st Corps - treat me professionally, politely, but keep their distance. I don't think anybody wants to get involved with the position that I've taken, either way. People approach me in private and give me their support.

SITES: Tell me about the repercussions you face in this court martial.

WATADA: Well I think with the charges that have been applied to me and referred over to a general court martial, I'm facing six years maximum confinement, dishonorable discharge from the army, and loss of all pay and allowances.

STES: Are you ready to deal with all those consequences with this decision?

WATADA: Sure, and I think that's the decision that I made almost a year ago, in January, when I submitted my original letter of resignation. I knew that possibly some of the things that I stated in that letter, including my own beliefs, that there were repercussions from that. Yet I felt it was a sacrifice, and it was a necessary sacrifice, to make. And I feel the same today.

I think that there are many supporters out there who feel that I should not be made an example of, that I'm speaking out for what a lot of Americans are increasingly becoming aware of: that the war is illegal and immoral and it must be stopped. And that the military should not make an example or punish me severely for that.

SITES: Do you think that you made a mistake in joining the military? Your mother and father support you in this decision, and your father during the Vietnam War refused to go to Vietnam as well, but instead joined the Peace Corps. He went to his draft board and said, "let me join the Peace Corps and serve in Peru," which is what he did. Do you think in hindsight that that might have been a better decision for you as well?

WATADA: You know I think that John Murtha came out a few months ago in an interview and he was asked if, with all his experience, in Korea, and Vietnam, volunteering for those wars -- he was asked if he would join the military today. And he said absolutely not. And I think that with the knowledge that I have now, I agree. I would not join the military because I would be forced into a position where I would be ordered to do something that is wrong. It is illegal and immoral. And I would be put into a situation as a soldier to be abused and misused by those in power.

STIES: In your speech in front of the Veterans for Peace you said "the oath we take as soldiers swears allegiance not to one man but to a document of principles and laws designed to protect the people." Can you expand upon that a little bit - what did you mean when you said that?

WATADA: The constitution was established, and our laws are established, to protect human rights, to protect equal rights and constitutional civil liberties. And I think we have people in power who say that those laws, or those principles, do not apply to them - that they are above the law and can do whatever it takes to manipulate or create laws that enable them to do whatever they please. And that is a danger in our country, and I think the war in Iraq is just one symptom of this agenda. And I think as soldiers, as American people, we need to recognize this, and we need to put a stop to it before it's too late.

*****

Watada, the War and the Law

by Jeremy Brecher and Brendan Smith

http://www.thenation.com/, July 10, 2006

On July 5 the US Army brought charges against First Lieut. Ehren Watada, an infantry officer stationed at Fort Lewis, Washington, who has refused to deploy to Iraq with his unit because he believes the war there is illegal. Watada faces up to eight years in jail and a dishonorable discharge. But in trying the 28-year-old officer, the Army is really putting itself, the Iraq War and the Bush Administration on trial.

At the June 7 press conference announcing his decision, Watada argued that the Administration's invasion and occupation of Iraq was "manifestly illegal" because it "violates our democratic system of checks and balances. It usurps international treaties and conventions that by virtue of the Constitution become American law." Watada also said, "As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order."

His refusal to deploy was an act of courage. It was also the product of profound reflection on taking personal responsibility for halting the US government's careening course toward authoritarianism and criminality--and of the legal justification for such acts of responsibility.

Watada's most crucial legal claims were corroborated June 29 by the US Supreme Court, in what Duke University law professor Walter Dellinger calls "the most important decision on presidential power ever."

In Hamdan v. Rumsfeld, the Court rebuked the Bush Administration not only for the Guantánamo tribunals but also for the entire view of executive power the Administration used to justify them. In a 5-to-3 decision, the Court ruled that the President cannot act contrary to "limitations that Congress has, in proper exercise of its own war powers, placed on his powers." That's just what Watada said about Bush's policy two weeks before: "It violates the Constitution and the War Powers Act that limits the President in his role as Commander in Chief from using the armed forces in any way he sees fit."

The ruling also supports Watada's claim that the Administration is breaking international law. It found the President's conduct illegal because it violated international treaties--specifically, the Common Article 3 of the Geneva Conventions. This has ramifications far beyond Guantánamo: It means the government must obey the provisions of the Geneva Conventions--such as the ban on cruel and degrading treatment and the obligation of an occupying power to protect civilians. And it solidifies the incorporation of other treaties--notably, the UN Charter, with its ban on military aggression--into US law. (For a more extended discussion of the implications of the Hamdan decision for the Watada case, see our essay, Hamdan and Watada, on WarCrimesWatch.com.)

The Bush Administration has begun a massive effort to pass legislation that would nullify the Hamdan decision--enabled by Republican senators like Lindsey Graham, who told Fox News that "Congress can rein it in, and I think we should."

Citizen Resistance

The Supreme Court has no police under its command. So the question is, how will the limits Hamdan v. Rumsfeld has set on executive power be implemented?

One possible lesson lies in the Supreme Court's 1954 Brown v. Board of Education decision, in which the court ruled that "separate but equal" education was inherently unequal. In the face of this ruling, Southern states turned to what they dubbed "massive resistance," an effort to use every possible avenue to defeat the intent of the Supreme Court. Southern states convened special legislative sessions and passed laws to seize and close schools that had integrated; provided tuition grants and tax credits for segregated private schools; and repealed compulsory school-attendance laws. Mainstream civil rights organizations such as the NAACP were harassed and sometimes outlawed throughout the Deep South.

Ironically, this wholesale resistance to a Supreme Court ruling was the midwife to the nonviolent mass mobilization strategy of the civil rights movement. In a context where governments flouted the law, the Constitution and the Supreme Court with impunity, advocates of equality turned to citizen enforcement: bus boycotts, sit-ins, freedom rides, voter registration drives and civil disobedience. Over the next decade the movement created the conditions for the Civil Rights Act, the Voting Rights Act, the registration of millions of African-American voters and the ending of lynch law throughout the South. The lesson here is that when the government fails to enforce the law, it's possible for the people to organize to do so. Lieutenant Watada and his supporters are hoping his action will encourage them to do so.

Gulf War resister Jeff Paterson, who is helping to orchestrate Watada's sophisticated, web-based media campaign, said that when he talked to Watada before the lieutenant came to a decision, "The only thing he worried about is: Would it matter? Would anybody notice?" History suggests that the impact of actions like Watada's, using nonviolent civil disobedience to enforce national and international law, can be significant.

A trickle of resistance in the French military, based on refusal to participate in war crimes in Algeria, helped start a movement that in a few years brought half a million protesters to the streets of Paris in 1962 and helped end the Algerian War. Allegations of US war crimes in 1967 sparked a "call to resist illegitimate authority," led by pediatrician Dr. Benjamin Spock and others. Military physician Howard Levy's refusal in 1967 to train Green Berets for Vietnam and the Vietnam Veterans Against the War's Winter Soldier Investigation of war crimes in 1971 also played significant roles in the development of the movement against the Vietnam War.

Watada's argument bridges the concerns of those who are horrified by the Iraq War and its conduct and those who are disturbed by the Bush Administration's abuse of the Constitution and the rule of law. It addresses the soft underbelly of the Bush project--the subversion of US government in the name of the "war on terror." Watada's action is perfectly positioned to galvanize a movement that, like the civil rights movement, answers official "massive resistance" to law and justice with a resolute insistence that no one is above the law.

Restoring the Rule of Law

Friends and Family of Lieutenant Watada, a dedicated band that includes his immediate family, West Coast activists, and peace and veterans organizations, are mobilizing support for Watada's legal and moral arguments against the war. They believe his case offers a historic opportunity to challenge and end the illegal war and occupation of Iraq. On June 27, the day Watada's unit shipped to Iraq without him, demonstrations took place in more than thirty cities. Now supporters are launching a campaign to educate the public on his stand. They hope to organize a major event to coincide with his court-martial, which is expected in October. In the context of plummeting support for the war and cascading evidence of officially concealed criminal acts by US forces, such an event has the potential to focus public attention on possible US war crimes, just as the Winter Soldier Investigation did during the Vietnam War.

Under military law, soldiers have the right to refuse to carry out illegal orders; in fact, they have a duty not to commit war crimes. According to Article 32 of the Uniform Code of Military Justice, Watada retains the right to a preliminary hearing to "present anything he may desire in his own behalf, either in defense or mitigation." Under Article 46 defendants are allowed at trial to "compel witnesses to appear and testify and to compel the production of other evidence."

On its face the statute appears to allow a war crimes defense. In practice, however, defenses under international law are often denied, based on the military's "fundamental necessity for obedience," a principle affirmed by the Supreme Court in 1974. (Watada maintains he owes obedience to the Constitution--not to officials who are abusing it.)

There are precedents for raising war crimes issues in courts martial. Howard Levy was given a day to present a war crimes defense in 1967. He called three witnesses and provided 4,000 exhibits describing war crimes in Vietnam, but he was ultimately found guilty and sentenced to three years in prison. When Petty Officer Pablo Paredes was court-martialed for refusing to go to Iraq, he was allowed to call an expert witness to make the case that the war was illegal. The military judge who found him guilty gave him a mild sentence with no jail time and astonishingly declared, "Any seaman recruit has a reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."

Anyone who believes in justice should demand that Watada's court-martial provide him reasonable opportunity to prove the case for US war crimes in Iraq, including the right to subpoena witnesses and government documents. Without such rights, the court-martial will be nothing but a kangaroo court, violating the very national and international norms the Hamdan decision requires the government to respect. The many retired military officers and government officials who have questioned the legality of Bush Administration policies regarding torture and other criminal acts should feel a personal responsibility to lend their support to this officer's courageous defense of national and international law.

When Ehren Watada refused to deploy to Iraq, he struck a blow against the Iraq War. Bolstered by Hamdan v. Rumsfeld, his case could become a focal point in the effort to restore the rule of law in America, rein in executive power and spark a popular movement to end an unjust and illegal war.

*****

Lieutenant Watada's War Against the War

by Jeremy Brecher and Brendan Smith

http://www.thenation.com/, June 26, 2006

In a remarkable protest from inside the ranks of the military, First Lieut. Ehren Watada has become the Army's first commissioned officer to publicly refuse orders to fight in Iraq on grounds that the war is illegal. The 28-year-old announced his decision not to obey orders to deploy to Iraq in a video press conference June 7, saying, "My participation would make me party to war crimes."

An artillery officer stationed at Fort Lewis, Washington, Watada wore a business suit rather than his military uniform when making his statement. "It is my conclusion as an officer of the armed forces that the war in Iraq is not only morally wrong but a horrible breach of American law," he said. "Although I have tried to resign out of protest, I am forced to participate in a war that is manifestly illegal. As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order."

A native of Hawaii who enlisted in the Army after graduating from college in 2003, Watada differs from other military personnel who have sought conscientious-objector status to avoid deployment to Iraq.

Watada told Truthout's Sarah Olson that at first he gave the Bush Administration the benefit of the doubt as it built the case for war. But when he discovered he was being sent to Iraq, he began reading everything he could, such as James Bamford's Pretext for War. He concluded that the war was based on false pretenses, ranging from the nonexistent weapons of mass destruction to the claim that Saddam had ties to Al Qaeda and 9/11 to the idea that the United States is in Iraq to promote democracy.

His investigation led him to question the very legality of the war. In an interview with Democracy Now!, he explained that as he read articles by experts on international and constitutional law, reports from governmental and nongovernmental agencies, revelations from independent journalists, writings by the Iraqi people and the words of soldiers coming home, "I came to the conclusion that the war and what we're doing over there is illegal."

First, he concluded that the war violates the Constitution and War Powers Act, which, he said, "limits the President in his role as commander in chief from using the armed forces in any way he sees fit." Watada also concluded that "my moral and legal obligation is to the Constitution and not to those who would issue unlawful orders."

Second, he claims the war is illegal under international law. He discovered that "the UN Charter, the Geneva Convention and the Nuremberg principles all bar wars of aggression." The Constitution makes such treaties part of American law as well.

These are not wild legal claims. Watada's conclusions are supported by mountains of evidence and experts, including the judgment of UN Secretary General Kofi Annan, who in 2004 declared that the US invasion was "not in conformity with the UN Charter, and from our point of view...was illegal."

Watada said he came to recognize that the military conduct of the occupation is also illegal: "If you look at the Army Field Manual, 27-10, which governs the laws of land warfare, it states certain responsibilities for the occupying power. As the occupying power, we have failed to follow a lot of those regulations." He told ABC News that the "wholesale slaughter and mistreatment of the Iraqi people" is "a contradiction to the Army's own law of land warfare."

While ongoing media coverage of the protest debates whether Watada's action is one of cowardice or conscience, so far the seriousness of his legal claims have been largely ignored. Watada's position is different from that of conscientious objectors, who oppose all wars. "I'm not just against bearing arms or fighting people. I am against an unjustified war," he said.

Can such a claim be heard in a military court? In 2004, Petty Officer Pablo Paredes refused to board his Iraq-bound ship in San Diego Harbor, claiming to be a conscientious objector. At his court-martial, Paredes testified that he was convinced that the Iraq War was illegal. National Lawyers Guild president-elect Marjorie Cohn presented evidence to support his claim. The military judge, Lieut. Cmdr. Robert Klant, accepted Paredes's war-crimes defense and refused to send him to jail. The government prosecutor's case was so weak that Cohn, in a report published on Truthout.org, noted that Klant declared ironically, "I believe the government has just successfully proved that any seaman recruit has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."

One of Germany's highest courts heard a case last year regarding a German soldier who refused to participate in military activities as part of the US-led coalition in Iraq. The Federal Administrative Court issued a long and detailed decision in his favor, saying, "There were and still are serious legal objections to the war against Iraq...relating to the UN Charter's prohibition of the use of violence and other provisions of international law."

Watada's case comes amid a growing questioning of the Iraq War in all levels of the military. A February Zogby poll found that 72 percent of American troops serving in Iraq think the United States should leave the country within the next year, and more than one in four say the United States should leave immediately. While the "generals' revolt" against Defense Secretary Donald Rumsfeld didn't challenge the legality of the war per se, many retired military leaders have strongly condemned the use of torture and other violations of international and military law.

According to USA Today, at least 8,000 service members have deserted since the Iraq War began. The Guardian reports that there are an estimated 400 Iraq War deserters in Canada, of whom at least twenty have applied for asylum. An Army spokesman says that ten other servicemen besides Watada have refused to go to Iraq.

Resistance in the military played a critical role in ending the French war in Algeria, the Israeli occupation of Lebanon and the American war in Vietnam. Such resistance not only undermines the capacity of a government to conduct wars; it also challenges the moral claims that are used to justify them and inspires others to examine their own responsibilities.

Watada's action comes as the issue of US war crimes in Iraq is inexorably creeping into the public spotlight. Senator John Warner has promised to hold hearings on the alleged Haditha massacre. The UN Committee Against Torture has declared that the United States is engaging in illegal torture at Guantánamo and elsewhere. An investigation by the European Union has found overwhelming evidence of the rendition of prisoners to other countries for torture.

Watada's highly publicized stand will no doubt lead others to ask what they are doing to halt such crimes. Unless the Army assigns him somewhere besides Iraq or permits him to resign his commission, he will now face court-martial for refusing to serve as ordered and possibly years in prison.

According to an ominous statement released by the Army commanders at Fort Lewis in response to Watada's press conference: "For a commissioned officer to publicly declare an apparent intent to violate military law by refusing to obey orders is a serious matter and could subject him to adverse action."

Watada's decision to hold a press conference and post his statements online puts him at serious risk. In theory, if the Army construes his public statements as an attempt to encourage other soldiers to resist, he could be charged with mutiny under Article 94 of the Uniform Code of Military Justice, which considers those who act "with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny." The conservative group Military Families Voice of Victory is already "demanding the Army prosecute Lt. Watada to the fullest extent under the Uniform Code of Military Justice."

Watada told Truthout's Olson that when he started to question the war, he he felt, like so many in and out of the military, that "there was nothing to be done, and this administration was just continually violating the law to serve their purpose, and there was nothing to stop them." But he realized that there was something he personally could do: "It is my duty not to follow unlawful orders and not to participate in things I find morally reprehensible."

"The one God-given freedom and right that we really have is freedom of choice," Watada says, echoing the profound message of Mohandas Gandhi. "I just want to tell everybody, especially people who doubt the war, that you do have that one freedom. And that's something that they can never take away. Yes, they will imprison you. They'll throw the book at you. They'll try to make an example out of you, but you do have that choice."

Even facing prison time, Watada is firm. "When you are looking your children in the eye in the future, or when you are at the end of your life, you want to look back on your life and know that at a very important moment, when I had the opportunity to make the right decisions, I did so, even knowing there were negative consequences."

Watada's recognition of his duty provides a challenge not only to those in the military but to all Americans: "We all have a duty as American citizens for civil disobedience, and to do anything we can within the law to stop an illegal war."

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