Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Support Our Annual Fund Drive! We only ask one time of year, but when we do, we mean it. Without your support we can’t continue to bring you the very best material, day-in and day-out. CounterPunch is one of the last common spaces on the Internet. Help make sure it stays that way.
FacebookTwitterGoogle+RedditEmail

If Bush is a War Criminal, Then What About the Troops

by STEPHEN S. PEARCY

In addition to holding George Bush and U.S. Congress accountable for the illegal occupation of Iraq, American troops must also be prepared to accept responsibility, because we’re all presumed to know the law. If we accept that fundamental legal presumption, then those of us who claim that the war is illegal must also acknowledge that the troops are unexcused aiders and abettors.

Lt. Ehren Watada’s case is a good example. Watada’s position is that he has a duty to refuse orders to deploy to Iraq, because those orders effectively command him to pursue an illegal war. Watada correctly understands that obeying those orders could subject him to war crimes charges under a more just administration (which should try George Bush first).

Publicly available information about the Iraq invasion has become plentiful over the last several years. Reasonable people contemplating service in the U.S. military should know that people throughout the world regard participation in the occupation as tantamount to aiding and abetting in mass murder, fraud, human rights violations, and international war crimes. By now, all of the troops should recognize this, and ignorance is no excuse.

The frequency of U.S.-sponsored war crimes in Iraq is such that it has become the norm rather than the exception. U.S. troops have intentionally and recklessly caused the deaths of so many Iraqi civilians, and continue to do so, that we can now properly regard acts in furtherance of the occupation effort generally to be acts substantially likely to facilitate crimes such as those which have already occurred.

From a legal standpoint, obeying Bush’s orders is just like when Nazi soldiers obeyed Hitler’s orders. And we know from the Nuremberg trials that the “just-following-orders” excuse is invalid. Watada’s case suggests that we should question all troops’ willingness to follow their illegal orders.

Suggesting troop-responsibility for the illegal war is unpopular, but it would also have been unpopular during WWII for a German citizen to suggest that Nazi troops be held accountable for obeying their illegal orders. At the end of the day, it’s really no different.

STEPHEN S. PEARCY is an attorney and peace activist in Berkeley, CA. You can email him at stephen.pearcy@sbcglobal.net.

 

More articles by:

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine

minimag-edit

September 26, 2016
Diana Johnstone
The Hillary Clinton Presidency has Already Begun as Lame Ducks Promote Her War
Gary Leupp
Hillary Clinton’s Campaign Against Russia
Dave Lindorff
Parking While Black: When Police Shoot as First Resort
Doug Johnson Hatlem
Debate Night: Undecided is Everything, Advantage Trump
Robert Crawford
The Political Rhetoric of Perpetual War
Howard Lisnoff
The Case of One Homeless Person
Michael Howard
The New York Times Endorses Hillary, Scorns the World
Russell Mokhiber
Wells Fargo and the Library of Congress’ National Book Festival
Chad Nelson
The Crime of Going Vegan: the Latest Attack on Angela Davis
Colin Todhunter
A System of Food Production for Human Need, Not Corporate Greed
Brian Cloughley
The United States Wants to Put Russia in a Corner
Guillermo R. Gil
The Clevenger Effect: Exposing Racism in Pro Sports
David Swanson
Turn the Pentagon into a Hospital
Ralph Nader
Are You Ready for Democracy?
Chris Martenson
Hell to Pay
Frank X Murphy
Power & Struggle: the Detroit Literacy Case
Chris Knight
The Tom and Noam Show: a Review of Tom Wolfe’s “The Kingdom of Speech”
Weekend Edition
September 23, 2016
Friday - Sunday
Andrew Levine
The Meaning of the Trump Surge
Jeffrey St. Clair
Roaming Charges: More Pricks Than Kicks
Mike Whitney
Oh, Say Can You See the Carnage? Why Stand for a Country That Can Gun You Down in Cold Blood?
Chris Welzenbach
The Diminution of Chris Hayes
Vincent Emanuele
The Riots Will Continue
Rob Urie
A Scam Too Far
Pepe Escobar
Les Deplorables
Patrick Cockburn
Airstrikes, Obfuscation and Propaganda in Syria
Timothy Braatz
The Quarterback and the Propaganda
Sheldon Richman
Obama Rewards Israel’s Bad Behavior
Libby Lunstrum - Patrick Bond
Militarizing Game Parks and Marketing Wildlife are Unsustainable Strategies
Andy Thayer
More Cops Will Worsen, Not Help, Chicago’s Violence Problem
Louis Yako
Can Westerners Help Refugees from War-torn Countries?
David Rosen
Rudy Giuliani & Trump’s Possible Cabinet
Joyce Nelson
TISA and the Privatization of Public Services
Pete Dolack
Global Warming Will Accelerate as Oceans Reach Limits of Remediation
Franklin Lamb
34 Years After the Sabra-Shatila Massacre
Cesar Chelala
How One Man Held off Nuclear War
Norman Pollack
Sovereign Immunity, War Crimes, and Compensation to 9/11 Families
Lamont Lilly
Standing Rock Stakes Claim for Sovereignty: Eyewitness Report From North Dakota
Barbara G. Ellis
A Sandernista Priority: Push Bernie’s Planks!
Hiroyuki Hamada
How Do We Dream the Dream of Peace Together?
Russell Mokhiber
From Rags and Robes to Speedos and Thongs: Why Trump is Crushing Clinton in WV
Julian Vigo
Living La Vida Loca
Aidan O'Brien
Where is Europe’s Duterte? 
Abel Cohen
Russia’s Improbable Role in Everything
Ron Jacobs
A Change Has Gotta’ Come
Uri Avnery
Shimon Peres and the Saga of Sisyphus
FacebookTwitterGoogle+RedditEmail