A Duty to Disobey All Unlawful Orders

http://www.counterpunch.org/mosqueda02272003.html

A Duty to Disobey All Unlawful OrdersAn Advisory to US Troops
by LAWRENCE MOSQUEDA

DOMESTIC AND INTERNATIONAL LAW

As the United States government under George Bush gets closer to attacking the people of Iraq, there are several things that the men and women of the U.S. armed forces need to know and bear in mind as they are given orders from the Bush administration. This information is provided for the use of the members of the armed forces, their families, friends and supporters, and all who are concerned about the current direction of U.S. policy toward Iraq.

The military oath taken at the time of induction 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 the regulations and the Uniform Code of Military Justice. So help me God"

The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.

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The unelected president will not tell his troops or his commanders that he is issuing unlawful orders. Few, if any, of the top commanders will tell their troops that they are issuing unlawful orders. Those on the front lines, those who fly the planes, those who target Cruise missiles and other weapons of mass destruction need to make decisions. According to International Law, Domestic Law, the Constitution, and various Moral Codes it is not enough to say or believe that one is just "doing their job" or just "following orders." Decisions have to be made.

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At the end of this article there is contact information for organizations that have historically assisted active duty personnel, reservist, or veterans of conscience who desire specific legal, political, or moral guidance in time of war. If possible, these would be good organizations to contact. As the veterans "Call to Conscience" statement notes "if you have questions or doubts about your role in the military (for any reason) or in this war, help is available. Contact one of the organizations listed below. They can discuss your situation and concerns, give you information on your legal rights, and help you sort out your possible choices." These organizations are listed for your information and are not responsible for the contents of this article.

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ORGANIZATIONS THAT HAVE HELPED GIs IN THE PAST
(Some are religious, some political, some pacifist)

Central Committee for Conscientious Objectors (CCCO) The GI Rights Hotline (800) 394-9544 (215) 563-4620 Fax (510) 465-2459 630 Twentieth Street #302 Oakland, CA 94612 girights@objector.org http://girights.objector.org/whoweare.html

American Friends Service Committee-National 1501 Cherry Street Philadelphia, PA 19102 Phone: (215) 241-7000 Fax: (215) 241-7275 afscinfo@afsc.org www.afsc.org

American Friends Service Committee--New England Region 2161 Massachusetts Ave. Cambridge, MA 02140 617-661-6130 afscnero@afsc.org

Center on Conscience & War (NISBCO) 1830 Connecticut Ave. NW, Washington, DC 20009 Tel: (202) 483-2220 Fax: (202) 483-1246 Email: nisbco@nisbco.org http://www.nisbco.org/

Military Law Task Force of the National Lawyers Guild 1168 Union Street, Suite 200 San Diego, CA 92101 619-233-1701

National Lawyers Guild, National Office 143 Madison Ave 4th Fl., New York NY 10016 212-679-5100 FAX 212 679-2811 nlgno@nlg.org http://www.nlg.org/

Northcoast WRL / Humboldt Committee for Conscientious Objectors (NCWRL-HCCO) 1040 H Street Arcata, CA 95521 707-826-0165 HCCO-Help@sbcglobal.net

Quaker House of Fayetteville, NC 223 Hillside Ave Fayetteville, NC 28301 910-323-3912 or 919-663-7122

Seattle Draft and Military Counseling PO Box 20604 Seattle, WA 98102 206-789-2751 sdmcc@scn.org

War Resisters League 339 Lafayette Street New York, NY 10012 212-228-0450 or 800-975-9688 wrl@warresisters.org http://www.warresisters.org/

Veterans Call to Conscience 4742 42nd Ave. SW #142 Seattle, WA 98116-4553 CallToConscience@yahoo.com http://www.oz.net/~vvawai/CtC/

Veterans for Common Sense www.veteransforcommonsense.org

National Contacts http://www.veteransforcommonsense.org/contacts.asp

Citizen Soldier 267 Fifth Ave., Suite 901 New York, NY 10016 Phone (212) 679-2250 Fax (212) 679-2252 www.citizen-soldier.org/
Fellowship of Reconciliation P.O. Box 271,NY, NY 10960 845-358-4601 Fax:(845) 358-4924 E-mail: for@forusa.org http://www.forusa.org

Catholic Peace Fellowship P.O. Box 41 Notre Dame, Indiana 46556-004 574-631-7666 info@catholicpeacefellowship.org; http://www.catholicpeacefellowship.org/

Peace Education Office of Mennonite Central Committee MCC US 21 S. 12th Street Akron, PA 17501-0500 717-859-3889 tmp@mccus.org http://www.mcc.org/ask-a-vet/index.html

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