Lt. Ehren Watada puts Iraq war on trial

First Lt. Ehren Watada is the first commissioned officer in the U.S. Army to refuse duty in Iraq. Lt. Watada has disobeyed an order to join his brigade there, claiming the war is illegal and his country has committed war crimes. In his words:

First, the war was based on false pretenses. If the president tells us we are there to destroy Saddam's weapons of mass destruction, and there are none, why are we there? Then the president said Saddam had ties to al-Qaeda and 9/11. That allegation has been proven to be false too. So why are we going there? The president says we're there to promote democracy, and to liberate the Iraqi people. That isn't happening either.

Second, the Iraq war is not legal according to domestic and international law. It violates the Constitution and the War Powers Act, which limits the president in his role as commander in chief from using the armed forces in any way he sees fit. The UN Charter, the Geneva Convention, and the Nuremberg principles all bar wars of aggression.

Finally, the occupation itself is 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. There is no justification for why we are there or what we are doing.

The young man was offered a non-combat role but refused, stating the whole war was illegal. He now faces a possible court martial and up to seven years in prison.

Eric Seitz, one of Watada's lawyers, said "It's not our intention to put the war on trial, but the nature of the trial makes it necessary." The lieutenant's life will no doubt be easier if the Army shies away from a court martial, but putting the war on trial would perform a great service for the public good.