Lt. Watada’s War Against the War
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 U.N. 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 U.N. Secretary General Kofi Annan, who in 2004 declared that the U.S. invasion was “not in conformity with the U.N. 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.”
Jeremy Brecher and Brendan Smith | TheNation.com (read more. . .)

