Tribunal challenges Iraq war with truth

topic : Ehren Watada | Iraq occupation

Tacoma--In an unprecedented two-day Citizens' Hearing held over the weekend, more than 600 citizens joined a distinguished tribunal panel in listening to testimony about the legality of the US invasion of Iraq.

The Hearing was convened to present evidence that Lt. Ehren Watada would have presented in his February 5 court martial on the question that the military ruled barred from entry last week -- the question of the Iraq War's legality.

Lt. Watada has repeatedly asserted that because the Iraq War is illegal, it is his duty to refuse orders to deploy. He is the Army's first commissioned officer to take such a stand. Panel Chair David Krieger asserted: "If Lt. Watada cannot get a full hearing about the war's legality in a military trial, then his case should at least be presented in the court of public opinion. This Citizens' Hearing was about giving Lt. Watada's position equal time."

The format of the Citizens' Hearing (convened at The Evergreen State College Tacoma campus) resembled that of a congressional hearing. A panel of citizens heard the testimony, examined witnesses, and before the court martial will issue a fact-finding report that will be posted at http://www.wartribunal.org .

The panel focused on the legality of the war, whether the invasion of Iraq constituted a "crime against peace," whether the military occupation of Iraq constitutes a "crime against humanity," and whether individual soldiers have an obligation or duty to refuse unlawful orders that may lead to "war crimes."

Many of those who testified, most of whom would have been called to testify at the court martial if the judge had allowed that evidence, agreed that Lt. Ehren Watada had not only the right to refuse to deploy to Iraq in an illegal war, but had a duty to do so.

Whether violations of the Nuremberg Principles or the US Constitution, some testifiers asserted that Lt. Watada should be recognized for his courage rather than undergoing a Court Martial.

Panelist Rich Moniak from Juneau, Alaska, whose son served in Iraq and Afghanistan, said during the deliberation: "The testimony presented to me highlighted how this war has failed the Iraqi people and placed our soldiers at risk of being accessories to war crimes."

Law professors Benjamin G. Davis and Richard Falk agreed that there are clear legal grounds on which the war is illegal. Falk, citing the sections of the US Army Field Manual, emphasized that international law is applicable to the behavior of US soldiers in a times of war and that soldiers have the duty to refuse unlawful commands. Davis sharply criticized the decision of the military judge to not hear Watada's full defense, stating that Americans have a right to have their defense heard.

The most compelling testimony came from former members of the US military, including five veterans of Iraq. According to Ann Wright, a former Army Colonel and US diplomat who served three and a half decades for the US government, Bush, Cheney, Rumsfeld and Powell created the preconditions that led to torture. She added: "We must ensure that members of the US military are not put in the position of being ordered to carry out crimes against humanity."

Darrell Anderson, who received a Purple Heart for his service in Iraq, talked about a situation he was involved in when orders were issued to "shoot everyone" regardless of whether they were civilians, including children. He stated that they used, what he called, "excessive force." He said: "I realize it was my duty as a soldier to refuse this illegal war."

According to Chanan Suarez-Diaz -- who also received a Purple Heart for his service in Iraq -- the psyched up emotions among the troops resulted in US soldiers taking "trophies" of brain matter from Iraqis they killed and putting such in their refrigerators on base.

Immediately following the closing statements, the panel retired to discuss the testimony, consulting the US Army Field Manual and the Nuremberg Principles. They discussed the testimony until well into the night. Panelist Staughton Lynd, an attorney who holds a PhD in history from Columbia University, said: "The overpowering testimony from Iraq veterans highlighted the conditions that soldiers on the ground are facing."

Russell McNutt, a veteran of three wars: World War II, Korea, and Vietnam, stated: "I was exposed to a lot of knowledge. The soldiers who served in Iraq that we heard from were facing the dirty end of war. In urban warfare there are no definite boundaries, in different instances the enemy can be in front of you or behind your back. There is a lot of tension about who is a civilian and who is an insurgent. Under those circumstances, instantaneous decisions must be made in responding to threats. Time to exercise discretion is limited, but every effort should be made to ensure innocent bystanders are not injured through the use of deadly force."

Tribunal organizer Zoltan Grossman commented: "It is the command structure, rather than individual soldiers, that puts enlisted personnel in the position where they feel they have to commit war crimes to survive. The command structure is ultimately responsible for war crimes or crimes against humanity. For example, testimony indicated that the dehumanization of Arabs through the use of racial slurs comes from a systematic training process, not only from individual soldiers' prejudices or fears."

Elizabeth Falzone, whose cousin was killed while serving in Iraq, reflected: "The Citizens' Hearing provided a real venue for citizens to hear from soldiers who are returning from Iraq. Hearing from them and more from family members is especially important with the "surge", and the repeat deployments that we're seeing."

The Citizens' Hearing and the distinguished panel will release the full report prior to Lt. Watada's court martial, including the panel's final statement and excerpts from the testimony.

There are now video and audio clips on the web site: http://www.wartribunal.org , and more will be available.

Information about Lt. Ehren Watada's case, his February 5th Court Martial and the mobilization leading up to it, is at http://www.thankyoult.org .