Soldier's lawyers seek OK to put Iraq war on trial (Support Lt. Watada please!)

[mahina]

By Hal Bernton
Seattle Times staff reporter

1st Lt. Ehren Watada refused to deploy to Iraq with his Fort
Lewis unit in June.
Related Archive | Fort Lewis officer on
decision: "I have no regrets" Archive |
War-protesting Fort Lewis officer doesn't deploy with unit
Archive | Court-martial recommended for Fort Lewis officer


The opening round in the court-martial of 1st Lt. Ehren Watada could be
key to defense hopes of putting the Iraq war on trial along with this
Fort Lewis Army officer who refused to deploy to Iraq.

At a pretrial hearing today, Watada's attorneys will try to persuade a
military judge that they should be allowed to argue that the war is
illegal, in part because it violates military regulations that wars be
fought in accordance with the United Nations charter.

That stance is crucial to the defense of Watada, who faces charges of
missing a troop movement and conduct unbecoming an officer.

"The entire scope of the trial is going to be pretty much decided by the
judge's ruling," said Eric Seitz, Watada's civilian defense attorney.

The hearing, expected to last at least a day, is a prelude to a
court-martial scheduled to begin next month.

Watada, one of the first commissioned Army officers to refuse to serve
in Iraq, has drawn international attention for his stand. He also has
joined with peace groups to attack the Bush administration's handling of
the war.

"Though the American soldier wants to do right, the illegitimacy of the
occupation itself, the policies of this administration, and the rules of
engagement of desperate field commanders will ultimately force them to
be party to war crime," Watada said in an Aug. 12 speech to the Veterans
for Peace in Seattle. That speech is cited by the Army as evidence of
misconduct.

Watada says he is not a conscientious objector opposed to all wars. He
has offered to serve in Afghanistan, but the military rejected that
offer.

Prosecutors say it's not up to Army officers to determine the legality
of a war and have noted that no U.S. court has ever ruled that the Iraq
war is illegal. At today's hearing, they are expected to argue that
quitting one's unit because of conscience, religion, ethical or other
considerations is not a valid defense, and that Watada's views on the
war are irrelevant.

A military judge will preside over the hearing. At the actual
court-martial, Watada will be judged by a panel of soldiers, the
military equivalent of a jury.

If convicted on all charges of missing a troop movement and conduct
unbecoming an officer, Watada risks six years in prison.

Since refusing to deploy to Iraq, Watada has worked a desk job at Fort
Lewis while his unit served in Mosul, and more recently, Baghdad. In the
months after the June deployment, the Fort Lewis brigade of more than
4,000 soldiers has lost 11 soldiers in Iraq.

"People say, 'He is a coward. He deserted his soldiers,' " Watada said
in an interview earlier this week. "I am here because I care about my
soldiers, the ones who died and the ones who are going to die."

Watada said his refusal to serve in Iraq was based, in part, on his
review of the Army Field Manual, which states in a section entitled
"Commencement of Hostilities" that "The Charter of the United Nations
makes illegal the threat or use of force contrary to the purpose of the
United Nations."

Watada said he believes the United States did not get the necessary U.N.
approvals to launch the invasion that began in March 2003.

U.S. officials dispute that analysis, saying the invasion was authorized
by a November 2002 Security Council resolution, which threatened
"serious consequences" should Iraq fail to fully comply with terms of
weapons inspections.

That resolution gave the United States full authority to invade Iraq,
according to Richard Grenell, a spokesman for the U.S. mission to the
United Nations.



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