Watada has said that under the US constitution he has the right to refuse an illegal order

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http://afp.google.com/article/ALeqM5iqi-bL48Kgmp9XkZpj86EwIqH0IA

US judge blocks second court martial for Iraq war objector
9 hours ago

TACOMA, United States (AFP) — A federal judge on Thursday temporarily blocked a second court martial for a US military officer who openly refused to go to war in Iraq.

Judge Benjamin Settle issued a preliminary injunction saying a second court martial for First Lieutenant Ehren Watada might violate his constitutional rights to avoid legal double jeopardy, or being tried for the same crime twice. snip

Watanda, who has accused President George W. Bush of betraying the public trust, refused to deploy with his unit to Iraq because he argued the war was illegal and immoral. He said taking part would make him a "party to war crimes."

Although the US military says a soldier must respect the chain of command and cannot choose which war to fight in, Watada has said that under the US constitution he has the right to refuse an illegal order.