Conscientious Rejector, is it valid?

Question

Read this article: http://hotzone.yahoo.com/b/hotzone/blogs19056
And please tell me your views. Is the soldier right to refuse to go to war because it is illegal or should he fight? Is the war illegal? According to: http://en.wikipedia.org/wiki/Gulf_War_2#Timeline_of_the_War Congress passed an authorization of invasion and never actually declared war on Afghanistan or Iraq. (http://en.wikipedia.org/wiki/Joint_Resolution_to_Authorize_the_Use_of_United_States_Armed_Forces_Against_Iraq) According to: http://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States
“The President asserted the constitutional authority to commit troops without the necessity of Congressional approval, but in each case the President received Congressional authorization that satisfied the provisions of the War Powers Act.” So President Bush started the conflict on his own authority and then got Congress to agree with a Resolution. Does this have any bearing on the solider’s claim?

The Uniform Military Code of Justice does say that you should not follow an illegal order.

Answer 1

Conscientious OBJECTOR!,

This is really a person who refuses an order to join the military or opposes the draft bill.

If you are already in the military and refuse a lawful order you will be charged with refusing to obey and order and whatever else they throw at you.

Iraq is a war based on lies and has failed to achieve its objectives, it had a fait accompli approval of the Congress but the President while strecthhing and bending the laws to the max didnt actually break them. essentially the war would not meet the burden of being illegal but it as close as you could possibly get.

Illegal orders on the otherhand are tricky, if your commanding officer asks you to shoot a prisoner that is illegal, if the prisoner is attempting to flee, or is attempting to resit then it could be a legal order.

Basically in the American military the government owns your body in total and it is theirs to do what they want with it, that is why US tropops were/are used as guinea pigs in medical trials etc.

If they commit your body to a war zone so be it , that is what you signed up for.

I best this soldier is looking at dishonorable discharge at worst 30 years in Levenworth.

Not declaring war is in itself an illegal act, it could be argued that Afganistan doesnt have a standing army or a recognised government, Iraq is a policing action like Vietnam, vietnam was never declared a war officially, but the USA was there 10 years plus.

To any soldier call it what you like but the rounds and shells coming over the hill at you are real , legal or not, official war or not. you are still gonna get dead.

Answer 2

I, (state your name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States{{, the governor of the state of _______ (for National Guard enlistees)}} and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." Notice that he swore to obey the orders of the president. It did not say unless i think he is wrong.Yes, he is in the wrong. His word means nothing. He should be sent to war. No questions asked.

Answer 3

I didnt look at your sources but if I may I'll answer from my best knowledge(sorry I'm sure your research is valid),first why then would one join a nations armed forces if he wasnt willing to take orders,there is no draft,so the excuse of conscientous observer,is null and void because he wasnt ordered,or forced to join the military,knowing full well what they are all about,I can admire his belief that fighting is wrong,but then it makes him look stupid(not ignorant) joining the military,and bellittling the fine and courageous people whom are fighting for My Country and Myself

Answer 4

Read it first thing this morning and again now.The guy is right .In spite of how one wants to twist laws and such around.The Iraq war exists because of the PNAC (project for a new america)
I applaud his courage........there is the legal thing to do and then there is the RIGHT thing to do.ThYE ARE NOT ALWAYS CONGRUENT.

Answer 5

When you take the oath it says nothing about your personal thoughts. Your pledge to defend the country against all enemy's, foreign and domestiic and support the Commander-In-Chief. No mention of "if you want to".