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February 28, 2008 at 05:33:27

Francis A. Boyle's "Protesting Power - War, Resistance and Law"

by Stephen Lendman     Page 7 of 8 page(s)

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-- disrespect for a superior officer under article 89;

-- willful disobedience of superior orders under article 90; and



-- conduct unbecoming an officer under article 133.

-- He was acquitted of two specifications of an additional charge of failing to obey an order and dereliction of duties under article 92.

The court abstained from imposing a prison sentence and instead dismissed Rockwood from the army with forfeiture of pay. In so doing, the military jury affirmed his defense that he acted properly under international law to stop grievous abuses inside Haiti's prison. He left the army "an acknowledged and eternal hero to the worldwide human rights movement."

Appearing for the defense at his trial was an expert witness, an authentic human rights hero in his own right - Hugh Thompson. As a Vietnam helicopter pilot, he saved lives at the infamous My Lai massacre by threatening to kill Lt. Calley and his soldiers if they didn't cease slaughtering innocent civilians. Thirty years later, he won a medal for it, and he told the court that Rockwood also deserved one as for his heroic act. He fought for human rights and won, and Boyle relates his testimony for him to laws of war and human rights violations applicable to the Bush administration's Iraq war, its oppressive occupation, and the actions of its puppet government in Baghdad for which Washington is fully accountable under international law.

It began with an illegal March 19, 2003 "decapitation strike" against Saddam Hussein in violation of a 48 hour ultimatum he'd been given to leave the country with his sons. That crime and trying to assassinate a country's leader are also illegal under earlier cited international laws.

Next came "shock and awe," Baghdad was targeted, and Article 6(b) of the Nuremberg Charter was grievously violated. It defines war crimes to include the "wanton destruction of cities, towns or villages, or devastation not justified by military necessity." Fallujah and other Iraqi cities were similarly victimized (as were Afghan targets) in spite of a May 8, 2003 joint US-UK pledge to the president of the Security Council: that Coalition states "will strictly abide by their obligations under international law, including those relating to the essential humanitarian needs of the people of Iraq." Instead, laws are ignored and Iraqis continue to suffer grievously under an illegal, brutish occupation.

It includes the widespread use of torture that became de facto US policy after George Bush's September 17, 2001 "finding" authorizing CIA to kill, capture and detain "Al Qaeda" members anywhere in the world and rendition them to secret black site prisons for interrogation, presumed to include torture. Soon after on January 25, 2002, White House Counsel, Alberto Gonzales called the Geneva Conventions "quaint and obsolete," and it was all downhill from there to Abu Ghraib, Guantanamo, Bagram in Afghanistan and countless other torture prison sites. Included also is a newly revealed secret Guantanamo one called "Camp 7" for "high-value" detainees. It's gruesome to imagine the barbarity inside under a president claiming "Unitary Executive" powers to do as he pleases outside the law.

In his testimony, Boyle again explained relevant laws that were covered above. US governments and the Pentagon willfully ignore them, George Bush flaunts them, and accountable civilian and military officials to the highest levels are guilty under domestic and international laws of crimes of war and against humanity and peace.

President George W. Bush's War against Iraq on Trial

US Army Reserve Staff Sergeant Camilo Mejia was the first Iraq War veteran to refuse further involvement in the war as a matter of conscience after serving in it from April to October 2003. Following leave on return, he failed to rejoin his National Guard unit and filed for discharge as a conscientious objector on grounds that the invasion and occupation were illegal and immoral. The army, in turn, deliberately overcharged him with desertion to send a strong message to other military personnel that they, too, would be severely punished if they acted similarly.

Mejia's May 2004 court-martial was a kangaroo-court show trial to drive home the point. It was widely broadcast and reported to all military personnel worldwide on internal Pentagon television, radio and newspaper outlets. Acting improperly, the military judge disallowed prepared defense testimony under the army's Field Manual 27-10, the Constitution and established international law.

Mejia was found guilty, a year in prison was imposed, and Amnesty International declared him a prisoner of conscience, its highest honor. Only after the verdict was Boyle allowed to testify during the sentencing phase - but under strict limitations imposed by the (hanging) judge. Again, he cited relevant domestic, international and military law, reviewed crimes of war and against humanity under them, and explained the culpability of commanders and government officials at the highest levels for abusing and torturing prisoners.

Other military resisters came after Mejia. One was First Lt. Ehren Watada in June 2006 when he refused to deploy to Iraq and publicly stated why - "as an officer of honor and integrity, (he could not participate in a war that was) "manifestly illegal....morally wrong (and) a horrible breach of American law." By his courageous act, Watada became the first US military officer to face court-martial for refusing to deploy to Iraq. He was charged with:

-- one specification under UCMJ article 87 - missing movement;

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