BBC: Officer appears over Iraq refusal

[Mugsy]

In the U.K., a Royal Air Force Officer is going on trial for refusing to serve in Iraq on the grounds that the war in Iraq is illegal. The case is expected to spark a legal inquiry into the legality of the war itself:

An RAF officer facing court martial for refusing to serve in Iraq because he thought the war was illegal has appeared at a preliminary hearing.

Flt Lt Malcolm Kendall-Smith - based at Kinloss in Moray - faces five counts of "refusing to obey a lawful command".

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Flt Lt Kendall-Smith had not made the decision to refuse to go to Iraq lightly, he said.

"He maintains his stance and he will maintain his plea of not guilty, on the basis that the war in Iraq was manifestly illegal.

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"This is at the heart of Kendall-Smith's case he's served in Iraq previously and now he's saying 'I won't go back'.

"We think he has a very good case. We tell the government rather than court martialling this brave soldier, they should investigate the legality of the war seriously.

"I know people are launching petitions in his support and he has a great deal of support within the military itself."

http://news.bbc.co.uk/2/hi/uk_news/scotland/4378572.stm">Link

Not mentioned in the link above (but was mentioned on BBC-TV) is that Flt Lt Kendall-Smith has no objection to serving in Afghanistan, and that the defense plans on calling Lord Goldsmith, the British Attorney General himself to the stand with regards to his suggestion that a second visit to the United Nations was "unnecessary".