OK, in oreer for the invasion of Iraq to have been legal, according to the
US warmongers in any case, there has to be an ascent from Congress. Congress
in this case gave an authority PROVIDED a link between Saddam/AlQueda and
9-11 could be established. IT WAS CONDITIONAL.
Bush and the neo-con warmongers stepped over that provision and went ahead
and invaded on whatever trumped up excuse du jpur happened to be palatable,
as Wolfowitz clearly admitted, the WMD thing was a concensus that they could
all agree on, not necessarily the truthful one, just something they could
all get behind.
Of course, there never was any link of Saddam, Al Queda or 9-11 which
therefore means that the Congressional anuthority was NOT inplace and Bushy
et warmoigering baby killers went in on theri own and the wholer damn thing
is ILLEGAL and therefore any order given by any officer that adversely
affected the health and welfare of any Iraqi was/is ILLEGAL. Bref, their
very presence in that country is a war crime, having no legal authority from
ANYONE for it, other than from the Israeli neo-cons that fed the White House
bogus "intel" via the AIPAC spies which are now under scrutiny by the FBI
but Rummy is doingeverything he can to squash the investigation for fear
that it might5 uncover the classified info tha Israelis had something to do
with 9-11, See carl Cameron's 4 part Fox News story about the Isreali Spy
Ring (do a Google) and how it was all classified by the Bushies.
Therefore, any soldier in Iraq is their illegally and ANY order that he/she
obeys is illegal, other than one ordering them to get out of the counrty and
go home (where they will polute everything they come in contact with by DU
exposure, that glow in the dark sensation...)
I am no fan of war, nor of those who wage them.

Luc
----- Original Message ----- 
From: "Greg Harbican" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, September 28, 2004 2:04 PM
Subject: Re: [Biofuel] Re: [Off Topic]US to sell 5000 smart bombs to Israel


>
> ----- Original Message ----- 
> From: "Keith Addison" <[EMAIL PROTECTED]>
> To: <[EMAIL PROTECTED]>
> Sent: Tuesday, September 28, 2004 07:39
> Subject: Re: [Biofuel] Re: [Off Topic]US to sell 5000 smart bombs to
Israel
>
>
> >
> > Is it a soldier's duty to do whatever he/she's told?
> >
>
>
> Hi Keith,
>
>     Perhaps I can put some light on the subject, having been in the
military
> a while back.
>
> !!! I am not an expert, but, merely someone that has seen the military
from
> the inside, from the lower ranks !!!
>
> There are a few things that a solder is required to know:
>     1) A general knowledge of the Uniform Code of Military Justice (
UCMJ ),
> which is a federal law, enacted by Congress.
>         See: http://usmilitary.about.com/library/milinfo/ucmj/blucmj.htm
>     2) *A rough idea of the various conventions of war, and what they mean
> ( more on this below ) for him or her.
>
> A few of the basic ideas of the UCMJ, is that:
>     1) The UCMJ will be used against them, if they break the rules.
>     2) The solder must follow the UCMJ.
>     3) If a superior gives an order, it is to be assumed, that it is a
> lawful ( under UCMJ ) order.
>
> If the solder thinks that it is unlawful order, based on the UCMJ, then it
> is their duty to bring it to the attention of their superior, but, he may
be
> in big trouble if he does and is wrong.    OTOH, if he does not, bring it
to
> the attention of his superior, and does not do what he is told, he can
still
> get into trouble for disobeying a order.
>
> If the solder, brings it to, the attention of the superior, and the
superior
> continues with the order, then the solder has a few choices, none of which
> are real good for the solder, especially if he is wrong.
>            a) Take the issue up the chain of command.
>            b) Seek military legal counsel.
>            c) Refuse to follow the order.
>            d) Follow the order, but, do their best to mitigate the worst
of
> it's effects, and then report it to the proper people ( ' b ' ) as soon as
> possible.
>
> Of all of the options ' b ' is the best.
>
> In the middle of combat, the solder, only really has the options of ' c '
> and ' d ' ( and both are going to cause problems for the solder, ' c ' may
> even allow the death penalty of the solder if the results are bad
enough ),
> unless legal counsel or someone that is higher in the chain of command is
> immediately available to consult not likely.
>
> -A U.S. solder in service does not have the U.S. Constitution to back him
> up, the UCMJ, is the best that the solder can go by, and the UCMJ can be
> interpretated and applied very liberally, depending sometimes on the mood
of
> the superior that brings charges against a solder.
>
> -One thing you can be sure of, in any case, the higher the rank, the more
> responsible that solder becomes for the orders they give, and the worst
the
> punishment generally becomes..
> If someone commits unlawful acts on their own, then, the solder that
> committed them becomes the sole responsible party, and all of the effects
of
> the unlawful act bear full weight on that person alone.
>
> -The President of the U.S., while " Commander and Chief " and head of the
> military, is a civilian, and not subject to the UCMJ, but, to Congress.
>
> -Unless given orders to the contrary ( and this includes interpretation of
> orders ), people outside of the military, can not give lawful orders to
> people in the military, regardless of rank.  Unfortunately when the orders
"
> to extend every courtesy ", " assist as needed ", or of a similar type, is
> given ( as it is so frequently done ), it is left wide open to
> interpretation, and you get situations were solders end up taking, what
they
> think are lawful orders from people outside the military let alone outside
> of their Chain of Command.    If this includes orders that include
breaking
> any of the articles in the various conventions of war, the solder is
> generally the one that get's it in the neck especially if they are not
able
> to check with military legal council as to the lawfulness of the orders.
> In history, this is were most of the worst acts, of breaking conventions
of
> war occur, when solders end up taking orders from people who have nothing
at
> stake in the situation.
>
> -From the first day of Basic Training, a solder is taught, that if a
> superior says " Jump ! ", the solder had better be on his way up before
> asking " How high ? ".
>
> * Spies and saboteurs by their very nature, are not recognized by
> conventions of war as solders, and so they are treated differently than
> uniformed solders of a nation, the same is generally ( but not always )
true
> of people fighting as solders, if not in a recognized uniform of the
nation
> at war, or for that matter the uniform of the United Nations.    Generally
> anyone that follows the various conventions of war are generally treated
as
> signatories of the convention, even if their nation did not actualy sign
the
> convention.    Terrorist, are not treated as solders of a nation, nor are
> they generally accorded the rights of the conventions of war, by their
acts,
> that for the most part are contrary to the conventions of war.
>
> It is my intention, not to offend anyone, what I hope to do, is that this
> sheds a little light on the subject, as seen by someone, that was in the
> "ranks".
>
> Greg H.
>
>
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