New Zealand doctor goes to court over illegal war

Now this is an unusual situation, one where the military doctor has used his conscience to decide his actions.

I can imagine such an episode to be very concerning for anyone running the military. In a "war" like this you don't want your combatants to be taking ethical stands and deciding its illegal.

stuff.co.nz...

A British court martial of New Zealander Flight Lieutenant Malcolm Kendall-Smith will begin on Thursday (local time), when he will become the first British officer to face criminal charges for challenging the legality of the Iraq war.

But the Royal Air Force (RAF) doctor - who is alleged to have refused to return to Iraq because of his belief that the invasion of the Middle Eastern country was illegal - and his New Zealand-educated Queen's Counsel, Philip Sapsford, are expected to take the fight to the heart of Britain's Government.

Mr Sapsford said a key issue in the case will be whether Britain formally declared war on Iraq, and whether the subsequent actions of British soldiers were outside the legal confines of an act of war.

Flt Lt Kendall-Smith has already served in Afghanistan and on two tours of duty in Iraq but has refused to travel to the troubled Middle Eastern country for a third time, because he believes the British Government has no legal authority for the war it is waging there.

He refused to return to Basra - where two contingents of New Zealand engineers served - after British Attorney-General Lord Peter Goldsmith claimed that coalition forces were administering Iraq without lawful authority.

Soldiers are expected to not obey illegal orders. So he has to show in court that the war is illegal, which is a rather difficult case, since its not illegal.

he served twice in Iraq so why now? afraid he get killed on the third tour? it would suck to get killed after surviving the first two. probably made dis excuse so they put him in jail instead if him in the desert where he would get killed.