Posted on 02/23/2007 12:29:56 PM PST by republicofdavis
By Stephen S. Pearcy
Stephen S. Pearcy is a Sacramento attorney and peace activist.
In addition to holding President George W. Bush and the U.S. Congress accountable for the illegal occupation of Iraq, American troops must also be prepared to accept responsibility. Were all presumed to know the law. If we accept that fundamental legal presumption, then those of us who claim that the war is illegal must also acknowledge that the troops are unexcused aiders and abettors.
Lt. Ehren Watadas case is a good example. Watadas position is that he has a duty to refuse orders to deploy to Iraq because those orders effectively command him to pursue an illegal war. Watada correctly understands that obeying those orders could subject him to war-crime charges under a more just administration (which should try George W. Bush first).
Publicly available information about the Iraq invasion has become so plentiful over the last several years that reasonable people contemplating service in the U.S. military should know that people throughout the world regard participation in the occupation as tantamount to aiding and abetting in mass murder, fraud, human-rights violations, and international war crimes. By now, all of the troops should recognize this, and ignorance is no excuse.
The frequency of U.S.-sponsored war crimes in Iraq is such that it has become the norm rather than the exception. U.S. troops have intentionally and recklessly caused the deaths of so many Iraqi civilians, and continue to do so, that we can now properly regard acts in furtherance of the occupation effort generally to be acts substantially likely to facilitate crimes such as those that already have occurred.
From a legal standpoint, obeying Bushs orders is akin to the Nazi soldiers who obeyed Hitlers orders. And we know from the Nuremberg Trials that the just following orders excuse is invalid. Watadas case suggests that we should question all troops willingness to follow their illegal orders.
Suggesting troop-responsibility for the illegal war is unpopular, but it also would have been unpopular during World War II for a German citizen to suggest that Nazi troops be held accountable for obeying their illegal orders. At the end of the day, its really no different.
"Leading" Democrat John Kerry had the same idea - he said those of us who served in Vietnam were war criminals. I'm sure Pelosi, Kennedy & Co. would agree with him.
This will be the mainstream defeatocrat position a year from now.
...self censoring myself as to what should happen to this guy
Let Mr Pearcy file a lawsuit then, and may loser pay all legal costs of both sides.
Get this man a straitjacket.
...but this guy stills "supports the troops" right? Just not the mission?
What an unbelievable cretin. But I hope this POS shows up at demonstrations, maybe that will make Americans hate the anti-war idiots more than the war itself. Like Vietnam.
"Some may recall this "person" from his act of hanging a soldier in effigy at his Sacramento home. Words fail me."
He's only saying what the libs are thinking.
What's this "illegal" war crap. What law was broken? Isn't Pearcy the bleep hole that had the "body" of a soldier hanging out his attic window?
This guy has really thought this out. I think this guy should have this position adopted by the DNC as a party platform. This is a winner they need to pursue. Boy I sure hope they don't because it will too bad for us.
Supposedly, international law. But if that's really law, let them enforce it.
It took a truly deranged and warped mind to come up with the Bush = Hitler equivalence. The author needs some serious mental health intervention before he shaves his head and starts attacking parked cars.
...and many of us want this pig hung for treason.
He should be tried for treason.
How did this guy pass the bar?
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