Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
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This paper, by Robin Long, was written while he was incarcerated at the Mirimar Brig and posted to the Blog Free Robin Long, 12 March, 2009.
N 2004, when military resister Jeremy Hinzman applied for refugee status in Canada, the Conservative government stepped in to his Refugee hearing and stated evidence challenging the legality of the War in Iraq can’t be used in his case. However, the U.N Handbook for Refugee’s and the Nuremburg Principles states: a soldier of an Army that is involved in an illegal war of aggression has a higher international duty to refuse service. Said soldier also has the right to seek refugee protection in any country that is signatory to the Geneva Convention. By refusing to allow him- and by precedent ALL other claimants the right to use that argument, they closed the door on that legal avenue for refugee protection.
THE US invasion of Iraq was clearly an illegal war of aggression. The US was not under attack, or the immanent threat of attack from the nation of Iraq, nor was the war approved by the UN Security Council. By taking the stance it did, the Canadian Government implicitly condoned the invasion & continuing occupation of Iraq. Is that what Canadians want? A majority of Americans want it to end and have come to realize it a mistake, at best. Canadians have long known it to be wrong. Why is the minority Conservative government still holding on to the idea, and still deporting war resisters? Why are they separating families and aiding in the imprisonment of morally strong men and women?
IN June 2007, Canada’s Parliament voted on a non- binding resolution to allow war resisters and their families permanent resident status. That vote passed, and in agreement with that vote, a poll of Canadian opinion showed overwhelming support for the resolution. In defiance of parliaments intent and the will of the people, the Conservative minority government, led by Prime Minister Steven Harper and Immigration Minister Diane Finley ignored the bill. The Government stated: All refugee claimants are given a fair chance to plead their case before the Refugee Board, and special treatment to these Iraq resisters were unfair to other claimants. Further, they stated that we are not legitimate claimants because we are from the US, and that the US has a fair and transparent justice system, and that we wouldn’t be singled out for being political.
ON JULY 14th, 2008, in my final attempt to stay in Canada, where my son and community is, Federal Judge Ann Mactavish stated that I didn’t prove I would be treated harshly by the US military for being a politically outspoken opponent to the War in Iraq and Bush Administration policy. She predicted my punishment would be minimal, 30 days in the brig, perhaps. She then cleared the way for my deportation/extradition. She noted only10% of these cases go to Court Martial.
A MONTH later, I was tried in a Court Martial presided over by a judge, a Colonel in the US Army, who has President Bush in her chain-of-command. (She was later appointed by Bush to oversee trials at Guantanamo Bay, no doubt because of her political credentials.
THE ONLY aggravating evidence the Prosecution presented was a 6 minute video of me stating, among other things, that I believed my President lied to me. A political statement. The fact that this was found admissible in court for the charge of Desertion is beyond me. There were no character witnesses brought against me. The ONLY factors the Prosecution wanted shown in determining my sentence was the fact I was political and exercising my freedom of speech in criticizing my Commander-in-Chief.
IT SEEMS like a conflict of interest to have a judge determine my fate when she has to ultimately answer to the President, while I was claiming that same President was a domestic enemy, who used any reason, and manufactured reasons, to invade and wreak havoc in Iraq.
THE JUDGE came back with 30 months- that’s two and a half years for not showing up for work that I believed to be morally objectionable, criminal, and its by far the harshest sentence given to a resister/deserter of the Iraq War.
I was saved from that by a plea bargain that got me 15 months. I STILL get a Dishonorable Discharge (DD). A DD will keep me from many fields of employment, from any Government position to the civilian world. It will make getting home loans all the harder. This is a FELONY CONVICTION- which will make it very hard, perhaps impossible to return to Canada to be with my young family. It is the worst grade of discharge there is.
PEOPLE THAT committed far worse crimes have been getting off with lighter sentences than me. 1st Infantry Division soldier Spec. Belmor Ramos was sentenced to only 7 months after being convicted of conspiracy to commit murder- 4 Iraqi men. I refused to participate in killings, he stood guard while others executed four unidentified Iraqi men, afterwards dumping their bodies in a Baghdad canal on ’07. During his court martial Ramos admitted his guilt, stating: “I wanted them dead. I had no legal justification to do this.” Where is the justice? The system is neither fair nor impartial. Can it really be transparent when you don’t know who is influencing the judge from up the chain of command? Do you see how the military justice system works? – Condone killings with light sentences, but God forbid someone should call President Bush a liar and a war monger. A persons words and political opinion must be far more damaging to the good order of the military if they are anti war and critical of the President, than a soldiers criminal actions in an occupied foreign nation…..
PEOPLE HAVE used the argument that I signed a contract, quite often. I’d like to quote from a letter one o the Founders of our United States wrote to General Washington concerning his thoughts on contracts in April, 1793: “When performance, for instance, becomes impossible, non performance is not immoral. So if performance becomes destructive to the Party, the law of self-preservation overrules the laws of obligations to others. For the reality of these principals I appeal to the true fountains of evidence: the head and heart of every rational honest man.”- Thomas Jefferson. For me to continue in my military contract would have been destructive to me as a person with my views, morals and ideals. Let alone the Iraqi’s, who have died in the hundreds of thousands ….
THE CONTRACT I signed was to support and defend the Constitution of the United States, from all enemies, foreign and domestic, and to obey the LAWFUL orders of the President and those officers over me. I did not sign to be a strong arm for corporate interests or oil. The so called Liberation of Iraq has turned into nothing more than a constant and protracted struggle by the people of Iraq, against forces, seen and unseen, that are trying to impose their will on them in a public war for private power and profit. True freedom is the ultimate expression and condition of a people to control their OWN destiny, not the manufactured variety being offered here. True democracy is not found at the point of a gun. It rises up from within the mass of the people.
IT WASN’T about WMD’s, or we would have found some. It wasn’t about “regime change” or we would have been in Darfur, or Indonesia, or a dozen other countries. It wasn’t about 9/11 because they were from Saudi Arabia. It dosn’t say anywhere in my contract that I would be going to foreign soil, half way around the world, to invade a country that was of no threat to the United States. To risk my life, not in defending the people or Constitution of the United States but creating more enemies for them by being in an occupying force. Iraq, however unhappy under our former ally/client Hussein, was never a real threat. The destabilized nation of Iraq has become a breeding ground and awesome recruiting tool for Al Queda. It has cost the American people an enormous price. Im not talking just te trillion dollar financial burden, but the human cost of the war. The deaths of so many of our brave youth, the missing limbs, the PTSD, the suicides. The invasion has made far more enemies for the United States and made the world a far more dangerous place.
THE ORDER to go to Iraq was not a lawful one. It violates our Constitution. Article IV states that ANY treaty the US is signatory to shall be the supreme law of the land. Last time I checked, the US is signatory to the Geneva Conventions. There are certain laws in that treaty for declaring war, last time I checked, “regime change” wasn’t one of them. A country must be under attack or immanent treat of attack. Neither was true in the case of Iraq. President Bush had no right to interpret the Constitution as he saw fit, on the grounds it was a new world after 9/11, and the 107th Congress had no right to pass HJ Res. 114, which “allowed” the President to invade Iraq. The Constitution was being ignored by the whole lot of them and they were derelict in their duty to uphold it.
THE STAND that the Conservative government of Canada has taken has separated a family, an act totally un-Canadian. I have a young son, a Canadian citizen, and a Canadian partner with MS, left to raise our son while I’m locked in a brig for refusing to participate in a war Canada , in 2003, under a different Government, wouldn’t send troops to. Back then, they saw the holes in Bush’s “intelligence”. By deporting me, and not giving me a chance to leave willingly, I have been barred from entering Canada for at least 10 years. My flesh and blood is there!
The Conservatives are destroying Canada’s tradition of being a refuge from militarism and an asylum from injustices that goes back to the times of slavery. Are they truly representing the people? Who are they working for, really?
THE DAYS of Bush have ended. This new Obama administration has a different view and a different policy. Its now time for Mr Harper to change his view. He should listen to Parliament and the solid majority of his citizens!
Please support the movement to allow War Resisters to stay in Canada and pardon the ones in the US. I ask anyone who reads this: please! Help me return to Canada to be with my partner and son. I want only to live in peace and be in his life.
STOP THE WAR. Peace, love, light.
Incarcerated Prisoner of the US Military
PO BOX 452136, San Diego, CA, 92145
This article, by Jerrold Kessel and Pierre Klochendler, was posted to antiwar.com August 01, 2009
JERUSALEM — Six months after Israel’s devastating assault on Hamas, its south-western border with Gaza has not been as quiet in a decade — only two rockets in the past six weeks on Israeli towns. Yet, the plight of Palestinian civilians in Gaza continues to haunt Israel.
The World Health Organization is charging that Gazans have limited access to proper medical supplies because of the continuing Israeli blockade. In a detailed report Thursday on the dire medical situation in the Hamas controlled area, the WHO report notes that equipment now in use is often broken or outdated.
While some medicines are allowed in for humanitarian reasons, import of spare parts or new medical devices into Gaza is limited, WHO says. The UN agency also said well-meant donations are not helping. Equipment like X-ray machines and batteries are particularly difficult to get through the Israeli blockade which was imposed two years ago when Hamas took control of Gaza.
Israeli officials brushed off the criticism. A Foreign Ministry spokesman called the WHO contentions "dubious," and denied there are restrictions on medical equipment reaching Gaza.
In broader terms, Israel argues that it is because of Hamas’s obstinate refusal to agree to a long-term cease-fire and to an exchange of prisoners that Israel feels compelled to keep its siege of Gaza intact: How can you expect us to deal with Hamas as if this was a normal border when they don’t even accept our right to exist, is the standard official Israeli argument.
Until recently, Israeli officials have also blithely dismissed concerns voiced by both Arab and international human rights groups that Israel may have perpetrated war crimes during the 22-day January campaign.
Suddenly, this Israeli aloofness is beginning to change.
Speaking at the induction of a new group of army draftees this week, Israel’s Chief of Staff, Lt-Gen. Gaby Ashkenazi, refrained from attacking the authors of a recent report compiled by the Israeli organization Breaking the Silence, in which soldiers reported numerous abuses carried out by troops during the Gaza campaign.
Ashkenazi said that wherever complaints were not anonymous, they were investigated thoroughly: "We have appointed special commissions to review complaints. It is important to us that our military ethics remain pure," he said.
Alongside this declared new position of the top military command, and in advance of two UN reports on the conduct of Israeli troops during the Gaza offensive, a top-level team of legal experts from the Israeli foreign and justice ministries has compiled an exhaustive defense brief. Israel anticipates that the UN reports will be highly critical, especially in terms of the extent of civilian suffering during the campaign, code-named Operation Cast Lead.
Israel expects to receive drafts of the reports for its review before the end of August, prior to their public release in the middle of September. The fact that the UN General Assembly convenes later in the month augments the Israeli concerns.
One report — expected to be the more critical — is being compiled by an investigative committee chaired by Justice Richard Goldstone who was appointed by the UN Human Rights Council in Geneva. The second report, based on a UN investigation into Israeli responsibility for the destruction of UN property in Gaza and handed to UN Secretary General Ban Ki-moon in May, is now set to be made public.
Israel did cooperate with the team compiling that report. In contrast, it resolutely boycotted the Goldstone Commission, arguing that its mandate was "one-sided," that the results would inevitably be "biased," and that therefore, "any cooperation by Israel would simply legitimize the conclusions and recommendations of the report."
Foreign Ministry officials note specifically that the Goldstone Commission hearings in both Gaza and Geneva were reduced to a platform for accusations against Israel of "war crimes". Most of the witnesses were Palestinians; Noam Shalit, the father of kidnapped soldier Gilad Shalit, was among the few Israelis who testified. They were treated "with contempt," Israeli officials said. "We were shocked at that," one official told IPS.
In respect of the other report, even though a senior Israeli foreign ministry official met last week in Geneva with UN Human Rights Commissioner Navanethem Pillay, he is said to have asserted that the report "had no basis in reality" since it was being "written by Arab UN personnel who were basing themselves on Palestinian newspaper accounts." A similar Israeli reaction was published following the preliminary release of the internal report to Ban Ki- moon when it was found that Israel was culpable for damaging UN property and asked for over 11 million dollars in damages.
In a pre-emptive attempt to counter the UN reports, Israel issued a defense brief on Thursday, saying that the offensive against Hamas was a "proportionate response" to attacks by the Islamist group. "Israel’s resort to force in the Gaza operation was both a necessary and a proportionate response" to more than 12,000 rockets and mortars fired from Gaza between 2000 and 2008, said the ministry’s 160-page document. The document contends that "Israeli commanders and soldiers were guided by International Humanitarian Law."
The document entitled, ‘The Operation in Gaza — Legal and Factual Aspects’, details what is called "Israel’s humanitarian efforts" during the operation despite "Hamas attempts to launch attacks during truces…hijack aid and assistance and hide within and behind medical and international facilities."
The Israeli report says Hamas is to blame for Palestinian civilian casualties by deploying its fighters in residential neighborhoods, and that Israeli forces destroyed buildings only to protect themselves.
The document also gives previously unpublished details of Israeli army investigations into alleged violations of the law during the operation. The brief says that investigators are examining some 100 complaints, and 13 criminal probes have been opened.
A Hamas spokesman described the Israeli report as "ridiculous," and said it did not "merit" a full response. He repeated the Hamas position that Israel has committed war crimes.
Despite their forceful arguments, Israeli legal experts have bluntly told a special government ministerial committee they fear the two UN reports could lead to legal proceedings being initiated against Israel, or to war crimes charges being leveled against individual Israeli public figures in the International Court of Justice or the International Criminal Court, both based in The Hague.
"From the point we’re at now, the road to international courts could be only a short one," said one foreign ministry legal expert.
In recent years, criticism of harsh military actions by Israel in combating the Palestinian Intifadah uprising had made several top Israeli military and security officials refrain from visiting Britain or Spain for fear they would face prosecution there on the basis of complaints launched by Palestinian and human rights activists.
The threat from Britain was quietly dispelled. Recently, the Spanish parliament passed new legislation which, in effect, makes it impossible for a judge to entertain a prosecution charge leveled against Israeli officials.