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RAF doctor disobeyed Iraq orders

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
http://news.bbc.co.uk/1/hi/uk/4905672.stm
Flt Lt Dr Malcolm Kendall-Smith was based at RAF Kinloss in Scotland
An RAF doctor has been found guilty of disobeying orders at a court martial after he refused to serve in Iraq.

"This is on the basis that ongoing acts of aggression in Iraq and systematically applied war crimes provide a moral equivalent between the US and Nazi Germany."

The Allies, after WWII, did not take "I was just following orders" as an excuse to the prosecution of Nazis ... so why is this guy being prosecuted for something he objects to? :confused:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Victors Justice. In two words.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Why did they let of the SAS man who refused to go back but not this person?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    minimi38 wrote:
    Why did they let of the SAS man who refused to go back but not this person?

    Cos they are a bunch of liars,thieves and killers
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    Teh_GerbilTeh_Gerbil Posts: 13,332 Born on Earth, Raised by The Mix
    Renzo wrote:
    Victors Justice. In two words.

    Quite.

    Your damned if you do follow orders. Damned if you don't.

    Fucking suck job, eh?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    minimi38 wrote:
    Why did they let of the SAS man who refused to go back but not this person?
    Oh because the SAS are our finest boys. A constant source of excitement and the cause of many wankfests in the tabloid press. 'Our finest' can do what they please and that's that.

    A doctor however is fair game to be made an example of.

    I say good luck to him. Fucking shame others didn't have the balls to do the same.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    This came up actually at a party I was at on an RAF base. Speaking to people in the RAF this guy came up, he certainly doesn’t have any support from his colleagues by the sound of it...

    He’s served in Iraq twice, I don’t particularly buy his story of him suddenly reaching a U-turn through personal research – if he’d stuck to the ‘illegal war’ line all along instead of inventing an excuse when he got fed up I’d have more sympathy for him.

    You join the armed forces and you can’t pick and choose which orders to obey. There are many excellent benefits to joining the armed forces but the major drawback I guess is that you do have to obey orders – and you may be deployed to serve in conflicts overseas.

    The armed forces do a fantastic job and are unsung heroes for the most part, this government doesn’t give them the support they deserve – but if you accept that the present government is the legitimate government of the UK and has the right to rule then it’s right to order the armed forces into combat must be accepted.

    Talk of whether the Iraq war was legal or not according to the hazy minefield of international law is frankly irrelevant – our government as democratically elected by the British people is accountable to the British population only – and if the government that the British people have endorsed wishes to declare war it may do so.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    This RAF doctor refused to serve in IRAQ as a doctor right? probably the one place they desperately need a doctor. If he joins the armed forces but take sup a profession to save lives he should follow through with it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    This came up actually at a party I was at on an RAF base. Speaking to people in the RAF this guy came up, he certainly doesn’t have any support from his colleagues by the sound of it...

    He’s served in Iraq twice, I don’t particularly buy his story of him suddenly reaching a U-turn through personal research – if he’d stuck to the ‘illegal war’ line all along instead of inventing an excuse when he got fed up I’d have more sympathy for him.

    You join the armed forces and you can’t pick and choose which orders to obey. There are many excellent benefits to joining the armed forces but the major drawback I guess is that you do have to obey orders – and you may be deployed to serve in conflicts overseas.

    The armed forces do a fantastic job and are unsung heroes for the most part, this government doesn’t give them the support they deserve – but if you accept that the present government is the legitimate government of the UK and has the right to rule then it’s right to order the armed forces into combat must be accepted.

    Talk of whether the Iraq war was legal or not according to the hazy minefield of international law is frankly irrelevant – our government as democratically elected by the British people is accountable to the British population only – and if the government that the British people have endorsed wishes to declare war it may do so.

    Teegan however made a good point earlier. Is the excuse "I was just following orders" always acceptable, or only sometimes?

    Personally I see nothing wrong with a soldier objecting to obey certain orders- especially when the legality and morality of them are so debatable as the war on Iraq.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Teagan wrote:
    The Allies, after WWII, did not take "I was just following orders" as an excuse to the prosecution of Nazis ... so why is this guy being prosecuted for something he objects to? :confused:

    Except it doesn't.

    The war crimes trial established many precedents - for this case the relevant ones are

    1) Senior military officers who have access to political decision making are considered part of that decision making and cannot claim they were just obeying orders.

    2) Officers and ORs cannot claim that when they committed a crime in war that they were following orders eg the shooting of prisoners, refusing to treat enemy wounded etc.

    3) Anyone outside the political decision making chain cannot be held accountable for the decision to go to war (otherwise it would have been legal to shoot any German who took part in the invasions of Poland, Holland, Denmark, the USSR etc) and in fact refusal to do so can be punished. This is to protect the majority of soldiers who do not have access to the full facts and are cannot be expected to make an informed decision on the legality.

    He's got very little defence. Even if the war is illegal, he's not covered as even in his defence he's not claiming he was involved in the decision making. If he was Sir Michael Jackson he may have a case, but he isn't - he's a junior medical officer.

    In fact if we had any guts we'd charge him with war crimes as his refusal to go to Iraq probably constitues a refusal to treat enemy wounded.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Aladdin wrote:
    Oh because the SAS are our finest boys. A constant source of excitement and the cause of many wankfests in the tabloid press. 'Our finest' can do what they please and that's that.

    A doctor however is fair game to be made an example of.

    I say good luck to him. Fucking shame others didn't have the balls to do the same.

    Because they're not the same. Though I suspect if it was the other way round you'd be complaining that officers get prefertial treatment and other ranks are prosecuted.

    The SAS trooper did his duty, returned and informed his officers that if given an order to return he was likely to disobey. He was out of the SAS and returned to unit within hours, at which point he resigned and left the army. At no point did he disobey an order.

    The Crab MO refused a direct order.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Aladdin wrote:
    Teegan however made a good point earlier. Is the excuse "I was just following orders" always acceptable, or only sometimes?

    Personally I see nothing wrong with a soldier objecting to obey certain orders- especially when the legality and morality of them are so debatable as the war on Iraq.

    Funnily enough the British armed forces are rather against the view that servicemen cannot put themselves above the democratic Government. It's been elected, the armed services haven't.

    Anyway its pretty irrelevant. The only legal judgement, from the Attorney General, has come to the conclusion the war is legal. Screams in The Guardian editorials and on forums cannot change that.

    Though I suspect your view might be different, if he was being deployed to Venuezala to support Chavez against the US.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Aladdin wrote:
    Personally I see nothing wrong with a soldier objecting to obey certain orders- especially when the legality and morality of them are so debatable as the war on Iraq.

    Well you’re clueless if you think an armed forces can operate functionally on the basis of soldiers being able to pick and choose which orders they obey.

    Nobody is saying it’s ideal, lots of people in the armed forces have already served a couple of times in Iraq and are having to go back. Many of them have young families – but very few try and shirk their duty as this doctor is attempting to. I’m surprised that your disagreement with the war in Iraq appears to be translating into support for anarchy in the forces.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You join the armed forces and you can’t pick and choose which orders to obey. There are many excellent benefits to joining the armed forces but the major drawback I guess is that you do have to obey orders – and you may be deployed to serve in conflicts overseas.



    the guy didn't want to quit the RAF because he's against war, from an interview he seemed he was happy to be involved in conflicts, he just wouldnt take part in an illegal invasion......

    the ethical dilemma must be enormous - following orders ALWAYS or not if you think you are doing something illegal under international law
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well you’re clueless if you think an armed forces can operate functionally on the basis of soldiers being able to pick and choose which orders they obey.

    Nobody is saying it’s ideal, lots of people in the armed forces have already served a couple of times in Iraq and are having to go back. Many of them have young families – but very few try and shirk their duty as this doctor is attempting to. I’m surprised that your disagreement with the war in Iraq appears to be translating into support for anarchy in the forces.


    joining the army means you are willing to forego the moral side of things in general HOWEVER reufsing to go due to legal ethical reasons is perfectly valid

    that's why the nazis got done for 'only folllowing orders'


    of course soldiers have to accept orders in general practice, it is how the army operates, if they ask you to go a rape a woman and shoot her child would you do it? of course fucking not
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Anyone with half a brain is now able to deduct that the Iraq war was immoral, started on the basis of lies and undoubtedly illegal. So, you'd think on that basis, I'd say "well done for disobeying orders". Well, no, I don't. If you're in the RAF, you cannot pick and choose which orders you wish to follow, and which you don't wish to follow. If everyone in the RAF did this, chaos would soon ensue.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I suggest you read the thread wheresmyplacebo - NQA's posts in particular.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    stargalaxy wrote:
    Anyone with half a brain is now able to deduct that the Iraq war was immoral, started on the basis of lies and undoubtedly illegal. So, you'd think on that basis, I'd say "well done for disobeying orders". Well, no, I don't. If you're in the RAF, you cannot pick and choose which orders you wish to follow, and which you don't wish to follow. If everyone in the RAF did this, chaos would soon ensue.


    so would you excuse soldiers who rape and pillage under order? or kill thousands of people in concentrations camps per day? because they followed orders

    following orders is obligatory up to the point where you 'believe' you are breaking international law, i believe this is in the geneva convention or something along those lines

    "The "just following orders" defense against war crimes charges has been thoroughly discredited. It's not a defense." the nuremberg principals - http://deoxy.org/wc/wc-nurem.htm
    this means if you believe you going to be commiting a warcrime or doing something illegal under international law you should drop out
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    so would you excuse soldiers who rape and pillage under order? or kill thousands of people in concentrations camps per day? because they followed orders
    This is preposterous nonsense. We are talking here about a man who refused to follow an order because he believed the war was illegal. He is entitled to this viewpoint, that is fair. However, he should have known very clearly about the consequences of refusing to follow an order. If he was that unhappy, he should have resigned from the RAF before it was too late. Consider this too. Imagine you were a civil servant. Would you refuse to follow an order because you do not agree with the government policy that the department which employs you is being asked to implement?

    Let us also remember the man in question was most certainly not ordered to do anything as bestial as to "rape and pillage". To imply that following orders in the RAF is equal to blind obedience is dangerous, wrong and utterly foolish.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    "The "just following orders" defense against war crimes charges has been thoroughly discredited. It's not a defense."

    It is if you are going to get shot or hanged for not obeying orders.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    joining the army means you are willing to forego the moral side of things in general HOWEVER reufsing to go due to legal ethical reasons is perfectly valid

    that's why the nazis got done for 'only folllowing orders'

    NO THEY DIDN'T!!!!

    Refusal to obey an order for ethical reasons is no defence unless the order itself is illegal (ie the shooting of prisoners). The War Crimes tribunals after the war made clear that individual soldiers are not to be charged with taking part in an illegal war. And that in fact if they refuse to obey orders they can be prosecuted. This is to the reason why Hauptman Muller who drove his tanks into Poland is not charged with war crimes, whereas Goering and the High Command were.
    of course soldiers have to accept orders in general practice, it is how the army operates, if they ask you to go a rape a woman and shoot her child would you do it? of course fucking not

    Yes and as that's an illegal order under British military law not only is he under no compunction to do so, he's actually under a compunction not to shoot and rape them and to take steps to stop others doing it - even at the risk to his own life.

    But the taking part in a war is not the same.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well you’re clueless if you think an armed forces can operate functionally on the basis of soldiers being able to pick and choose which orders they obey.
    If they had, a lot of unnecessary grief would have been avoided.

    If Allies and German soldiers alike had told their officers in WWI to go fuck themselves and charge each other's machine gun nests if they wanted, the most pointless war in history would have ended early millions would have lived.

    Same in many other situations, past and recent.

    Idealist position of course... at least in WWI you could argue that common soldiers did not have a clue of what was going on due to lack of information and general awareness of international affairs. No such excuse nowadays.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    NQA wrote:
    Funnily enough the British armed forces are rather against the view that servicemen cannot put themselves above the democratic Government. It's been elected, the armed services haven't.

    Anyway its pretty irrelevant. The only legal judgement, from the Attorney General, has come to the conclusion the war is legal. Screams in The Guardian editorials and on forums cannot change that.
    Just because a regime rules itself to be acting within the law does not mean it is not acting illegally, does it?

    Otherwise you could argue that no regime, from Saddam to the Nazis to Mugabe, ever did anything wrong when they tortured and killed all those people.
    Though I suspect your view might be different, if he was being deployed to Venuezala to support Chavez against the US.
    Ha ha.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Aladdin wrote:
    Idealist position of course... at least in WWI you could argue that common soldiers did not have a clue of what was going on due to lack of information and general awareness of international affairs. No such excuse nowadays.
    Last night, I was watching an episode of Blackadder Goes Forth. Maybe this is a comedy, but it certainly tells us a lot about attitudes during the Great War. A magazine was distributed to the men, which had a cover story about King George. Of course, it was precisely that - a cover story to hide the truth. That would not be so easy nowadays. Censorship still exists to a certain extent in our armed forces, but it's very difficult to keep things secret. I'm told nowadays that soldiers are allowed computers and access to the Internet. All I can say is, if that's true, things are certainly very different now. And that, I believe, is no bad thing.

    As for the idea that if the majority told them to get stuffed, the war would have ended, maybe there is some truth in this. Apply it to a more modern scenario. Imagine that pointless, wasteful ID cards become compulsory. Imagine then that the masses tell Charles Clarke to piss off by refusing to get these cards. What would they do? Arrest the millions of people? Oh aye? And where would they put them - in our dangerously over-crowded prisons? Of course not. No, the scheme would collapse. But that is precisely the point. One man's stand cannot make a difference. It can raise awareness, but it cannot bring about huge changes. Whereas if the whole of the military establishment told Blair where he could shove his nasty, grubby, illegal war, that occupation could come to an end much quicker than it is likely to be.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    stargalaxy wrote:
    Anyone with half a brain is now able to deduct that the Iraq war was immoral, started on the basis of lies and undoubtedly illegal. So, you'd think on that basis, I'd say "well done for disobeying orders". Well, no, I don't. If you're in the RAF, you cannot pick and choose which orders you wish to follow, and which you don't wish to follow. If everyone in the RAF did this, chaos would soon ensue.

    Since this discussion has already descended into a debate about the war itself – rather than the original discussion about somebody shirking their duty I’d like to point out that there was nothing immoral about removing Saddam. Iraq is messy and mistakes have been made but ultimately America and Britain did the right thing.

    And it’s absolute bollocks to say that the war was ‘undoubtedly illegal’ – international law is hazy at best and the only legal judgement concerning the war concluded that the war is legal. Further, even if it was illegal according to international law I don’t believe an elected British government should have to seek permission from the UN to act.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Since this discussion has already descended into a debate about the war itself – rather than the original discussion about somebody shirking their duty I’d like to point out that there was nothing immoral about removing Saddam. Iraq is messy and mistakes have been made but ultimately America and Britain did the right thing.

    And it’s absolute bollocks to say that the war was ‘undoubtedly illegal’ – international law is hazy at best and the only legal judgement concerning the war concluded that the war is legal. Further, even if it was illegal according to international law I don’t believe an elected British government should have to seek permission from the UN to act.
    Perhaps the Attorney General, who according to media reports had massive doubts of the legality of the war in the first place, should be ask to deliver a second judgement now that we know every last claim made by the US and Britain to the UN regarding WMDs and compliance was a rotten lie.

    Frankly, I can't even begin to understand how anyone in their right minds could possibly question that the war as as illegal as hell.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Since this discussion has already descended into a debate about the war itself – rather than the original discussion about somebody shirking their duty I’d like to point out that there was nothing immoral about removing Saddam. Iraq is messy and mistakes have been made but ultimately America and Britain did the right thing.

    And it’s absolute bollocks to say that the war was ‘undoubtedly illegal’ – international law is hazy at best and the only legal judgement concerning the war concluded that the war is legal. Further, even if it was illegal according to international law I don’t believe an elected British government should have to seek permission from the UN to act.
    What legal judgement? Please don't tell me you're talking about that buffoon, Lord Goldsmith. This is the man whom miraculously changed his mind. On March 7th, 2003, he said the war might be illegal. Ten days later, the PM sees a note saying it's actually perfectly legit. A blatant change of mind which has never been properly explained. If this is the finest legal mind in Britain, we truly are doomed.

    As for claiming that "an elected British government should [not] have to seek permission from the UN to act", are you now saying that Britain is somehow above international law? I expected that sort of contempt from George Bush and the neo-conservative nutters in the White House, but not from Tony Blair! Every single day, I regret more and more my initial support for this disgusting war.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    This RAF doctor is refusing to serve in Iraq now, after the invasion is long over and a "rebuilding" occupation force is in place.

    This man is not refusing to be part of th einvasion but he is refusing to help save lives of both his fellow soldiers and civilian wounded by not going to Iraq. He is a doctor after all, not a special forces officer or a green berret or anything like that.

    Finally, Soviet troops raped and murdered hundreds of German women and Children during their invasion of Germany out of hatred for what the Nazis had done to the Russian people. And Thousnads of SS officers and troops never got put on trial or punished as they were just soldiers following orders.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    stargalaxy wrote:
    I expected that sort of contempt from George Bush and the neo-conservative nutters in the White House, but not from Tony Blair! Every single day, I regret more and more my initial support for this disgusting war.

    Meh. I'm apparently a neocon. I support a ‘hawkish’ foreign policy. Although many Democrats and Republicans do. And lets not forget some of the best responses to the anti-war crowd has come from figures on the left, Christopher Hitchens and Nick Cohen instantly come to mind.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    figures on the left, Christopher Hitchens

    Oh dear.

    There's a reason why the Hitchens brothers are talking again now.
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