Sep 14 2007
Duty, Honor, Country 2007
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An Open Letter to the New Generation of Military Officers Serving and Protecting Our Nation
By Dr. Robert M. Bowman, Lt. Col., USAF, ret., National Commander, The Patriots
9/14/07
“The Nuremberg Principles says that we in the military have not only the right, but also the DUTY to refuse an illegal order. It was on this basis that we executed Nazi officers who were ‘only carrying out their orders’… The Constitution which we are sworn to uphold says that treaties entered into by the United States are the ‘highest law of the land,’ equivalent to the Constitution itself. Accordingly, we in the military are sworn to uphold treaty law, including the United Nations charter and the Geneva Convention… Based on the above, I contend that should some civilian order you to initiate a nuclear attack on Iran (for example), you are duty-bound to refuse that order. I might also suggest that you should consider whether the circumstances demand that you arrest whoever gave the order as a war criminal.”
Dear Comrades in Arms,
You are facing challenges in 2007 that we of previous generations never dreamed of. I’m just an old fighter pilot (101 combat missions in Vietnam , F-4 Phantom, Phu Cat, 1969-1970) who’s now a disabled veteran with terminal cancer from Agent Orange. Our mailing list (over 22,000) includes veterans from all branches of the service, all political parties, and all parts of the political spectrum. We are Republicans and Democrats, Greens and Libertarians, Constitutionists and Reformers, and a good many Independents. What unites us is our desire for a government that (1) follows the Constitution, (2) honors the truth, and (3) serves the people.
We see our government going down the wrong path, all too often ignoring military advice, and heading us toward great danger. And we look to you who still serve as the best hope for protecting our nation from disaster.
We see the current Iraq War as having been unnecessary, entered into under false pretenses, and horribly mismanaged by the civilian authorities. Thousands of our brave troops have been needlessly sacrificed in a futile attempt at occupation of a hostile land. Many more thousands have suffered wounds which will change their lives forever. Tens of thousands have severe psychological problems because of what they have seen and what they have done. Potentially hundreds of thousands could be poisoned by depleted uranium, with symptoms appearing years later, just as happened to us exposed to Agent Orange. The military services are depleted and demoralized. The VA system is under-funded and overwhelmed. The National Guard and Reserves have been subjected to tour after tour, disrupting lives for even the lucky ones who return intact. Jobs have been lost, marriages have been destroyed, homes have been foreclosed, and children have been estranged. And for what? We have lost allies, made new enemies, and created thousands of new terrorists, further endangering the American people.
But you know all this. I’m sure you also see the enormous danger in a possible attack on Iran , possibly with nuclear weapons. Such an event, seriously contemplated by the Cheney faction of the Bush administration, would make enemies of Russia and China and turn us into the number one rogue nation on earth. The effect on our long-term national security would be devastating.
Some of us had hoped that the new Democratic Congress would end the occupation of Iraq and take firm steps to prevent an attack on Iran , perhaps by impeaching Bush and Cheney. These hopes have been dashed. The lily-livered Democrats have caved in, turning their backs on those few (like Congressman Jack Murtha) who understand the situation. Many of us have personally walked the halls of Congress, to no avail.
This is where you come in.
We know that many of you share our concern and our determination to protect our republic from an arrogant, out-of-control, imperial presidency and a compliant, namby-pamby Congress (both of which are unduly influenced by the oil companies and other big-money interests). We know that you (like us) wouldn’t have pursued a military career unless you were idealistic and devoted to our nation and its people. (None of us do it for the pay and working conditions!) But we also recognize that you may not see how you can influence these events. We in the military have always had a historic subservience to civilian authority.
Perhaps I can help with whatever wisdom I’ve gathered from age (I retired in 1978, so I am ancient indeed).
Our oath of office is to “protect and defend the Constitution of the United States against all enemies, foreign and domestic.” Might I suggest that this includes a rogue president and vice-president? Certainly we are bound to carry out the legal orders of our superiors. But the Uniform Code of Military Justice (UCMJ) which binds all of us enshrines the Nuremberg Principles which this country established after World War II (which you are too young to remember). One of those Nuremberg Principles says that we in the military have not only the right, but also the DUTY to refuse an illegal order. It was on this basis that we executed Nazi officers who were “only carrying out their orders.”
The Constitution which we are sworn to uphold says that treaties entered into by the United States are the “highest law of the land,” equivalent to the Constitution itself. Accordingly, we in the military are sworn to uphold treaty law, including the United Nations charter and the Geneva Convention.
Based on the above, I contend that should some civilian order you to initiate a nuclear attack on Iran (for example), you are duty-bound to refuse that order. I might also suggest that you should consider whether the circumstances demand that you arrest whoever gave the order as a war criminal.
I know for a fact that in recent history (once under Nixon and once under Reagan), the military nuclear chain of command in the White House discussed these things and were prepared to refuse an order to “nuke Russia .” In effect they took the (non-existent) “button” out of the hands of the President.. We were thus never quite as close to World War III as many feared, no matter how irrational any president might have become. They determined that the proper response to any such order was, “Why, sir?” Unless there was (in their words) a “damn good answer,” nothing was going to happen.
I suggest that if you in this generation have not had such a discussion, perhaps it is time you do. In hindsight, it’s too bad such a discussion did not take place prior to the preemptive “shock and awe” attack on Baghdad . Many of us at the time spoke out vehemently that such an attack would be an impeachable offense, a war crime against the people of Iraq , and treason against the United States of America . But our voices were drowned out and never reached the ears of the generals in 2003. I now regret that I never sent a letter such as this at that time, but depended on the corporate media to carry my message. I must not make that mistake again.
Also in hindsight, President Bush could be court-martialed for abuse of power as Commander-in-Chief. Vice President Cheney could probably be court-martialed for his performance as Acting Commander-in-Chief in the White House bunker the morning of September 11, 2001 .
We in the U.S. military would never consider a military coup, removing an elected president and installing one of our own. But following our oath of office, obeying the Nuremberg Principles, and preventing a rogue president from committing a war crime is not a military coup. If it requires the detention of executive branch officials, we will not impose a military dictatorship. We will let the Constitutional succession take place. This is what we are sworn to. This is protecting the Constitution, our highest obligation. In 2007, this is what is meant by “Duty, Honor, Country.”
Thank you all for your service to this nation. May God bless America , and sustain us in this difficult time. And thanks for listening to the musings of an old junior officer.
Respectfully,
Robert M. Bowman, PhD, Lt. Col., USAF, ret.
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Outstanding. Worthy of Smedley Butler.
Thanks for your service, thanks for your duty…most of all, thanks for who you are and the integrity that you have…
Many of us are at work on these things and it’s not over till the big lady sings!
md Richardson
Debating Iraq
http://www.gpln.com/debatingiraq.htm
http://countercurrents.org/cockburn140907.htm
“An Assassination That Blows Apart Bush’s Hopes Of Pacifying Iraq
By Patrick Cockburn
14 September, 2007
The Independent
Ten days after President George Bush clasped his hand as a symbol of America’s hopes in Iraq, the man who led the US-supported revolt of Sunni sheikhs against al-Qa’ida in Iraq was assassinated.
Abdul-Sattar Abu Risha and two of his bodyguards were killed either by a roadside bomb or by explosives placed in his car by a guard, near to his home in Ramadi, the capital of Anbar, the Iraqi province held up by the American political and military leadership as a model for the rest of Iraq.
His killing is a serious blow to President Bush and the US commander in Iraq, General David Petraeus, who have both portrayed the US success in Anbar, once the heart of the Sunni rebellion against US forces, as a sign that victory was attainable across Iraq.
On Monday General Petraeus told the US Congress that Anbar province was “a model of what happens when local leaders and citizens decide to oppose al-Qa’ida and reject its Taliban-like ideology”.
But yesterday’s assassination underlines that Iraqis in Anbar and elsewhere who closely ally themselves with the US are in danger of being killed. “It shows al-Qa’ida in Iraq remains a very dangerous and barbaric enemy,” General Petraeus said in reaction to the killing. But Abu Risha might equally have been killed by the many non al-Qa’ida insurgent groups in Anbar who saw him as betraying them.
The assassination comes at a particularly embarrassing juncture for President Bush, who was scheduled to address the American people on television last night to sell the claim made by General Petraeus that the military “surge” was proving successful in Iraq and citing the improved security situation in Anbar to prove it.
Abu Risha, 37, usually stayed inside a heavily fortified compound containing several houses where he lived with his extended family. A US tank guards the entrance to the compound, which is opposite the largest US base in Ramadi.
He spent yesterday morning meeting tribal sheikhs to discuss the future of Anbar. He also received long lines of petitioners as he drank small glasses of sweet tea and chain-smoked. He carried a pistol stuck in a holster strapped to his waist and dressed in dark flowing robes.
Surprisingly, he is said to have recently reduced the number of his bodyguards because of improved security situation in Anbar, although he ought to have known that as leader of the anti al-Qai’da Anbar Salvation Council he was bound to be a target for assassins.
Iraqi police in Ramadi suspect that the bomb that killed the sheikh was planted by one of the petitioners who came to see him. “The sheikh’s car was totally destroyed by the explosion. Abu Risha was killed,” said a Ramadi police officer, Ahmed Mahmoud al-Alwani. Giving a different account of the assassination, the Interior Ministry spokesman said that a roadside bomb killed Abu Risha. Soon afterwards a second car bomb blew up.
“The car bomb had been rigged just in case the roadside bomb missed his convoy,” said an Interior Ministry spokesman, Maj-Gen Abdul-Karim Khalaf.
He added that the Interior Ministry planned to build a statue to Abu Risha as a “martyr” at the site of the explosion or elsewhere. However, statues, as well as living politicians, often have a short life in Iraq.
Abu Risha’s death underlines the degree to which the White House and General Petraeus have cherry-picked evidence to prove that it is possible to turn the tide in Iraq. They have, for instance, given the impression that some Sunni tribal leaders turning against al-Qa’ida in Anbar and parts of Diyala and Baghdad is a turning point in the war.
In reality al-Qa’ida is only a small part of the insurgency, with its fighters numbering only 1,300 as against 103,000 in the other insurgent organisations according to one specialist on the insurgency. Al-Qa’ida has largely concentrated on horrific and cruel bomb attacks on Shia civilians and policemen and has targeted the US military only as secondary target.
The mass of the insurgents belong to groups that are nationalist and Islamic militants who have primarily fought the US occupation. They were never likely to sit back while the US declared victory in their main bastion in Anbar province.
There is no doubt that Abu Risha fulfilled a need and spoke for many Sunni who were hostile to and frightened by al-Qa’ida. Their hatred sprung less from the attacks on the Shia than al-Qa’ida setting up an umbrella organisation called the Islamic State of Iraq last year that sought to enforce total control in Sunni areas.
It tried to draft one young man from every Sunni family into its ranks, sought protection money and would kill Sunni who held insignificant government jobs collecting the garbage or driving trucks for the agriculture ministry as traitors.
The importance of the assassination of Abu Risha is that it once again underlines the difference between the bloody reality of Iraq as it is and the way it is presented by the US administration. He is one of a string of Iraqi leaders who have been killed in Iraq since the invasion of 2003 because they were seen as being too close to the US. These include the Shia religious leader Sayid Majid al-Khoei, murdered in Najaf in April 2003, and Mohammed Baqir al-Hakim, the head of the Supreme Council for Islamic Revolution in Iraq, killed by a suicide bomber the same year.
In practice the surge has by itself has done little to improve security, according to Iraqis, a majority of whom say security has got worse. The number of Iraqis fleeing their homes has actually gone up from 50,000 to 60,000 in recent months, according to the UN High Commission for Refugees. Baghdad has become a largely Shia city with the Sunni pressed into smaller and smaller enclaves.
Cultivating an alliance with the Sunni tribes had been a long-term US policy since 2004 but finally caught fire because of al-Qa’ida overplayed their hand last year. It has the disadvantage that the US has, in effect, created a new Sunni tribal militia which takes orders from the US military and is well paid by it and does not owe allegiance to the Shia-Kurdish government in Baghdad. This is despite the fact that the US has denounced militias in Iraq and demanded they be dissolved.
The US success in Anbar was real but it was also overblown because the wholly Sunni province is not typical of the rest of Iraq. The strategy advocated by Washington exaggerated the importance of al-Qa’ida and seldom spoke of the other powerful groups who had not been driven out of Anbar.
Abu Risha had real support in Anbar, particularly in Ramadi where many people yesterday referred to him as “hero” and expressed sadness at his death.
But President Bush’s highly publicised visit to Anbar may well have been Abu Risha’s death knell. There are many Sunni who loathe al-Qa’ida, but very few who approve of the US occupation. By giving the impression that Abu Risha was one of America’s most important friends, Mr Bush ensured that some of the most dangerous men in the world would try to kill him.
The testimony by General Petraeus to Congress earlier this week has proved effective from the point of view of the White House in establishing the US commander in Iraq as a credible advocate of the administration’s military strategy.
But critics of General Petraeus have described him as “a military Paris Hilton” whose celebrity is not matched by his achievements. As commander of the 101st Airborne Division in Mosul in 2003-4 was lauded for re-establishing Iraqi police units only for them to desert or join the insurgents who captured most of the city after the general left.
A model for Iraq?
General David Petraeus in his testimony to Congress:
“The most significant development in the past six months likely has been the emergence of tribes and local citizens rejecting al-Qa’ida and other extremists. This has, of course, been most visible in Anbar. A year ago the province was assessed as “lost” politically. Today, it is a model of what happens when local leaders and citizens decide to oppose al-Qa’ida and reject its Taliban-like ideology.”"
© 2007 Independent News and Media Limited
Dr Bowman.
I have the greatest respect for you for pointing out that a soldiers first duty is to uphold the law. And not an unquestioning obedience to orders.
This is not something which gets too much emphasis in military training, I imagine. And individuals must find the necessary disobedience very very difficult. As surely you know, having yourself been in a similar position as a military pilot in a previous illegal war, which was also justified by government lies.
Until this duty is given considerable emphasis in basic, and continuing, military training, no much can be expected except from a very few exceptional individuals. And those individuals know they will get precious little support from any official quarter. Especially NOT from the “justice” system.
We had the case in the UK of a young medical RAF officer who was sent to jail for refusing to obey orders. He maintained that the war in Iraq was illegal and he did not want to return there. His specialty was psychology and he feared that his services would be called upon in the interrogation (torture?) of prisoners.
There was also a case in the 1920’s when another RAF officer (L.E.O. Charlton) refused to take part in the bombing of Iraqi villages. This would probably have been mustard gas.
Our imperial and militaristic past causes some of us great shame.
I, too, have a dream, that a presidential candidate who opposes the war in Iraq would guarantee amnesty to any soldier going AWOL in Iraq or Afghanistan.
Thanks for this essay. I do not understand why Lt Ehren Watada is the only officer thus far to have the courage to say, NO, to deploying to Iraq. But then I think of a coworker who served as a Captain in the Army in Desert Storm who was shocked to learn that the various treaties signed and ratified by our government are to be upheld and defended, too! I showed her the Constitution, boy was she shocked. Perhaps better training for young officers needs to happen, and soon, or our country will not stand as a republican democracy for much longer.
Disobey Illegal Bush!
What a beautiful letter.
Any “action plan” of how to make soldiers have it????? I am sure that out of 10 soldiers who read it a few will take action. That is all it takes, as history shows that revolutions, just as actual armed actions, are carried out by a small percentage of the population, (morally) supported by a sympathetic majority.
Many blessings for the wisdom of this gentlemen and the kindness & gravity of his letter
A GREAT ARTICLE BY A NOBLE SOLDIER AND HUMAN!
THANK YOU!
Great Article by a great man. Anyone who is interested to know about what makes a “War Criminal” should read the Nuernberg Trial(s) of the 1940’s. The four major victors of WW2 made a clear distinction what a War Criminal is.
(a) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing;
(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity;
(c) Crimes against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war,14 or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.
Leaders, organizers, instigators, and accomplices participating in the formulation or execution
of a Common Plan or Conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
ARTICLE 7
The official position of defendants, whether as Heads of State or responsible officials in Government departments, shall not be considered as freeing them from responsibility or mitigating punishment.
ARTICLE 8
The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determine that justice so requires.
ARTICLE 9
At the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization.
After receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the Prosecution intends to ask the Tribunal to make such declaration and any member of the organization will be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the organization. The Tribunal shall have power to allow or reject the application. If the application is allowed, the Tribunal may direct in what manner the applicants shall be represented and heard.
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One should give the Criminals who started WW2 some credit - they had the courage to commit suicide!.
W.