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OpEdNews Op Eds    H4'ed 7/3/09

Reviewing Marjorie Cohn and Kathleen Gilberd's "Rules of Disengagement"

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And young GIs are affected. Winter Soldiers 2008 say "they were subject to amorphous and contradictory rules of engagement - often free-fire zones where they could shoot at anything that moved (including noncombatants). These rules, or lack thereof, led to the commission of atrocities and war crimes," not occasionally but often.


Aside from the 2001 Afghanistan bombings and March 2003 "shock and awe" attack, the worst of them took place in April and November 2004. In retaliation for the killing and mutilation of four Blackwater mercenaries, the first and second Fallujah Battles waged some of the fiercest urban combat since the 1968 Battle of Hue in Vietnam. Several thousand or more were killed, mostly civilians. Major war crimes were committed. Illegal weapons were used. Vast destruction was inflicted. The city was held under siege. Free-fire zone rules applied. A "shoot-to-kill" curfew was imposed, and according to Adam Kokesh: "we changed our rules of engagement more often than we changed our underwear."


Winter Soldiers 2008 speak out publicly over what they saw and did in their tours, including in testimonies to Congress. "So far (none of them) have been prosecuted for their testimony, though some active duty witnesses were harassed by superiors."


Dissent and Disengagement


Resistance includes refusing illegal orders, objecting on the basis of conscience, requesting a discharge, demonstrating, picketing, dissenting as the Constitution allows, attending rallies, petitioning Congress, going underground, taking refuge abroad, speaking out publicly, and through the media. It's acting according to one's principles and morality and not backing down when the going gets tough.


Lt. Ehren Watada's case is instructive. In June 2006, he refused to deploy to Iraq and publicly said why - that "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." He became the first US military officer to face court-martial for his action and was charged with:


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


-- two specifications under article 99 - contempt toward officials (for making public comments about George Bush); and


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