James Circello is a former Army sergeant and veteran of the US occupation of Iraq. Circello, who joined the military in 2001, describes his experience in Iraq as follows:
"During the occupation of Iraq, the truth about what the United States government has done to the country of Iraq became more apparent. Open wastewater flowed through neighborhood streets where children played soccer. Families were thrown out of their homes with simple accusations from others. Vehicles were taken on sight by the military if individuals couldn't provide proper documents claiming they own the vehicle. These events and others helped in strengthening my opposition to the so-called 'War on Terror.'"
In April 2007, Circello left his base in Vicenza, Italy, and went absent without leave (AWOL) in protest of US policy in the Middle East. In November 2007, he turned himself in to the military at Fort Knox and was discharged within three days.
Circello has remained very active with his work against US Foreign Policy, having worked with Iraq Veterans Against the War and the group Courage to Resist before joining March Forward!.
Circello's decision to go AWOL was his way of refusing to deploy to Afghanistan.
I had been fighting myself internally after my time in Iraq, about whether to deploy again," he explained to Truthout, "I ended up back in my old unit that was preparing to deploy, so at that moment I took it into my hands, and decided I wasn't going to go kill Afghans that had done nothing to me, or the American people. It was a defining moment for me."
According to Pentagon figures, since October 2001, more than 50,000 soldiers from all branches of the military have gone AWOL.
John Raughter is the communications director for the American Legion, an organization that describes itself as "a patriotic, war-time veterans organization, devoted to mutual helpfulness," according to its web site.
Raughter is clear about his stance on the rights of soldiers. "We have an all-volunteer force," he explained to Truthout, "These are not draftees. They swore an oath to obey the orders of the Commander in Chief."
According to Raughter, the American Legion does not, in any way, support AWOL soldiers or those who refuse to deploy to Iraq or Afghanistan. "Within reason, the military should be able to enforce obedience. Obedience and order are critical for the military to do its mission. People can't pick and choose which orders to obey and which not to [obey]. If it's a lawful order, they are obliged to obey."
Yet the oath enlisted soldiers must take before being deployed, reads:
"I, _____, 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 and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Marjorie Cohn, president of the National Lawyers Guild, is the co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent" with Kathleen Gilberd. In the book, they write, "Rules of Engagement limit forms of combat, levels of force, and legitimate enemy targets, defining what is legal in warfare and what is not. (They're also) defined by an established body of international (and US) law that leaves no ambiguity."
Cohn and Gilberd argue that every US war since WWII has been illegal. Article 51 of the UN Charter only permits the "right of individual or collective self-defense if an armed attack occurs against a Member ... until the Security Council has taken measures to maintain international peace and security."
In addition, Article I, Section 8, Clause 11 (the war powers clause) of the US Constitution authorizes only both houses of Congress, not the president, to declare war. Nonetheless, that process has been followed only five times in our history and last used on December 8, 1941, after Japan attacked Pearl Harbor.
Nevertheless, Raughter believes soldiers who are dissenting against the occupations should have never joined the ranks. "If they are ethically opposed to wars in Iraq and Afghanistan, I would say that most of these people have enlisted or reenlisted since the beginning of the war. These wars were occurring when they made this oath of enlistment. It should have come to their minds."
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