Sunday, November 06, 2005


From our eminent colleague Chris Floyd of Empire Burlesque, the story of Flight Lieutenant Malcolm Kendall-Smith, who faces court-martial in Britain after refusing to report for a third tour of duty in Iraq:
He has been charged with four counts of "disobeying a lawful command." But Kendall-Smith, a decorated medical officer in the Royal Air Force, says that his study of the recently-emerged evidence about the lies, distortions and manipulations used to "justify" the invasion has convinced him that both the war and the occupation are "manifestly illegal." Thus any order arising from this criminal action is itself an "unlawful command," the Sunday Times reports. In fact, the RAF's own manual of law compels him to refuse such illegal orders, Kendall-Smith insists . . . .

Central to his case are the sinister backroom legal dealings between Washington and London in the last days before the invasion. Less than two weeks before the initial "Shock and Awe" bombings began slaughtering civilians across Iraq, Lord Goldsmith, the UK's attorney general, gave Prime Minister Tony Blair a detailed briefing full of doubts and equivocations about the legality of the coming war, adding that Britain's participation in an attack unsanctioned by the UN would "likely" lead to "close scrutiny" by the International Criminal Court for potential war crimes charges, the Observer reports.

But Blair and Goldsmith withheld this report from Parliament, the Cabinet and British military brass, who were demanding a clear-cut legal sanction for the impending action. Then, just three days before the bloodletting began, Goldsmith suddenly produced another paper, this time for public consumption: a brief, clear, unequivocal statement that the invasion would be legal. This statement was almost certainly crafted in Washington, where Goldsmith had recently been "tutored" by the Bush gang's consiglieres, including the legal advisers to Colin Powell, Donald Rumsfeld and Condoleezza Rice . . . .

The moral rigor of [Kendall-Smith's] defiance has sent tremors through the British military establishment, already shaken by the strange, unexplained shooting deaths of two military inspectors investigating atrocity allegations in Iraq, the Guardian reports. British brass are panicky about the Goldsmith revelations; indeed, the leader of the UK invasion force, Admiral Michael Boyce, said he now believes the British military does not have "the legal cover necessary to avoid prosecution for war crimes," the Observer reports. Boyce added that if he and his officers are eventually put on trial for such crimes, he'll make sure that Blair and Goldsmith are in the dock beside them.

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