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http://aaronglantz.com/040607.htm

Civilian Court Sides with Conscientious Objector
by Aaron Glantz

University of California Santa Cruz student Robert Zabala joined the
Marine Corps thinking it would be a "place where he could find security"
after the death of his grandmother in 2003.

But when he began boot camp in June 2003, Zabala said he had an ethical
awakening that would not allow him to kill other people. He was
particularly appalled by the boot camp's attempts to desensitize the
recruits to violence.

"The response that all the recruits are supposed to say is 'kill,'" he
told San Francisco's KGO-TV. "So in unison you have maybe 400 recruits
chanting 'kill, kill, kill,' and after a while that word becomes almost
nothing to you. What does it mean? You say it so often you really don't
think of the consequences of what it means to say 'kill' over and over
again as you're performing this deadly technique, a knife to the throat."

When Zabala realized he couldn't kill another human being, he submitted an
application for conscientious objector status to the Marine Corps
reserves. He saw two chaplains and a clinical psychologist, who all agreed
his moral objections were legitimate and that he should be discharged from
the military. Hundreds of such applications have been granted in recent
years.

But his platoon commander, Major R.D. Doherty, called Zabala "insincere"
because he did not request discharge as a conscientious objector until
nearly a year after basic training.

"What did you think you were joining, the Peace Corps?" court documents
quote Major Doherty as saying. "I don't know how anyone who joins the
Marine Corps cannot know that it involves killing."

Zabala sued and on Mar. 29, a federal judge in Northern California
overruled the military justice system, ordering the Marine Corps to
discharge Zabala as a conscientious objector within 15 days.

In his ruling, U.S. District Court Judge James Ware noted Zabala's
experiences with his first commander Captain Sanchez. During basic
training, Sanchez repeatedly gave speeches about "blowing s*** up" or
"kicking some f***ing ass." In 2003, when a fellow recruit committed
suicide on the shooting range, Sanchez commented in front of the recruits,
"f*** him, f*** his parents for raising him, and f*** the girl who dumped
him."

Another boot camp instructor showed recruits a "motivational clip"
displaying Iraqi corpses, explosions, gun fights and rockets set to a
heavy metal song that included the lyrics, "Let the bodies hit the floor,"
the petition said. Zabala said he cried, while other recruits nodded their
heads in time with the beat. In court, Zabala said he abhorred the
bloodlust his drill instructors seemed to possess.

Aaron Hughes served six years in the Illinois National Guard, including
one tour as a military truck driver in occupied Iraq. He says Robert
Zabala's experiences are typical of basic training.

"It's a lot of competition and a lot of learning how to not be like
yourself as a person or see others as human beings," he told IPS. "You're
a piece of property that should respond to commands. It's a real simple
lifestyle when you're under complete orders."

Hughes said at the time he believed basic training helped foster a sense
of manhood he felt he lacked after being raised by his mother.

But after being sent to Iraq, he changed his mind. An artist by trade,
Hughes went back over the photos he took while deployed in Iraq and
altered them in an "attempt to interpret the posture assumed as a
soldier/tourist in the surreal space of Iraq." Hughes' work is currently
on display at the National Vietnam Veterans Art Museum in Chicago.

"I think it's wrong, looking back at it," he said. "How can you not
perceive it as a step away from your humanity? They automatically start
isolating you. They tell you your girlfriend or your husband is not going
to be there. They tell you not to trust anyone but the military and they
really start fostering that as your sole relationship in life."

It's extremely rare for civilian courts to overrule military courts, but
Zabala's attorney says it's at least the second time this has happened
during the Iraq war.

Geoff Millard, the Washington representative for Iraq Veterans Against the
War, says Judge James Ware's decision to force the military to discharge
Zabala will encourage other soldiers who are "sitting back and thinking
about CO (conscientious objection) who are really very sincere and they're
not sure that their claim will make it."

Millard noted that the military is having difficulty reaching its
recruiting goals to continue fighting the Iraq war and as a result has
been more cautious than usual in releasing people who say they have moral
objections to war.

Zabala's lawyer, Steve Collier, told IPS, "It's a good case because the
armed services will have to think twice about denying to conscientious
objectors a discharge simply to meet their retention troop standards."

The Marine Corps has yet say whether it will appeal Judge Ware's decision.


(Inter Press Service: 4/6/07)
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