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| British Soldiers face Court Martial |
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| BrKhalid |
| 04/01/03 at 05:09:52 |
| When soldiers won't fight Two soldiers serving in Iraq have been sent back to their headquarters in Essex after reportedly refusing to fight. BBC News Online discovers that "conscientious objectors" are unprecedented in a professional army. Two soldiers could face a court martial after reportedly refusing to fight in a war "which involved the death of civilians". But the Ministry of Defence has played down the suggestion they were conscientious objectors, something unheard of in a professional army. The phenomenon of "conscientious objectors" came to the fore during World War I when thousands of men refused to join the army after it became mired in trench warfare. Some were strictly pacifists but others were simply unwilling to fight in a war they did not believe in. The phenomenon was rarer in World War II because the fight against the Nazi threat was perceived as a noble cause, but "draft dodging" haunted the US Army in the 1960s in 1970s as the Vietnam war dragged on. Michael McGinty, a defence analyst at the Royal United Services Institute, said that in the light of the unpopularity of the war it would not be surprising if soldiers, even professionals, were refusing to fight. 'Professionalism' He said there was no case in "recent memory" of professional soldiers refusing to fight. Mr McGinty said: "Professionalism is the key. There is essentially a 'contract' between the soldier and the Army. "He effectively says 'I will die for my country, or risk my life for my country but in return I expect my country to do the right thing by me'. "People would not join the British armed forces if, for example, they thought that involved building gas chambers and putting people in them." Justin Hugheston-Roberts, a solicitor with Forces Law, a group of 22 firms who specialise in military law, said the case of the two soldiers highlighted a range of issues, not least of which was the possibility the pair could use the new Human Rights Act. Not in custody He said he understood from the men's solicitor they had been flown back from Kuwait to Colchester but were not being held in custody. He said they had been returned to their unit and were working with a reserve party. But Mr McGinty said the armed forces could not afford to overlook infractions of discipline and the men could expect to face long sentences if found guilty. No charges have been brought yet and Mr Hugheston-Roberts said if charges were brought it would depend on whether they raised their objections before the war began. Only recently have World War I "cowards" been rehabilitated Possible charges could range from cowardice in the face of the enemy (which used to be punishable by death in certain circumstances) to refusal to obey a direct order or simply conduct prejudicial to good order. Mr McGinty, a former naval officer, said there was an argument known as the "Nuremberg defence" which a soldier could use to justify refusing a direct order but it would only work if he had been told by his superior to do something heinous, like killing prisoners of war or civilians in cold blood. He said the pair could expect to serve up to two years in Colchester military prison for refusing to fight in Iraq. But he said: "It makes a huge difference if they refused to fight before the war began. Any offence 'in the face of the enemy' is considered much more serious." Mr Hugheston-Roberts said: "During World War II Allied bomber crews were made up entirely of volunteers. If they became 'wobbly' they would be sent back with their paperwork marked LMF (lacking in moral fibre)." Most professional soldiers in the British armed forces serve up for at least 12 years. Time to quit But if they do become sick of soldiering and want to leave they can do so although it usually takes up to 18 months to serve out their notice. A spokeswoman from the Ministry of Defence said: "We have no evidence that anybody has been sent back for refusing to fight. "We do get soldiers sent back all the time from theatre for various reasons such as medical, welfare and disciplinary things that need to be dealt with back in the units." [url]http://news.bbc.co.uk/1/hi/uk/2903743.stm[/url] |
| 04/01/03 at 05:10:49 |
| BrKhalid |
Madinat al-Muslimeen Islamic Message Board |