Flight Lieutenant Malcolm Kendall-Smith [1] is going to the brig for eight months. His crime? Refusing a direct order to return for a third tour of duty in Iraq.
Kendall-Smith, who has dual British and New Zealand citizenship and is based at RAF Kinloss in Morayshire, Scotland, had argued at the court that the on-going presence of US-led forces in Iraq was illegal.
He told the military hearing in Aldershot, Hants, that he refused to serve in Basra, Iraq, last July because he did not want to be complicit with an "act of aggression" contrary to international law.
"I have evidence that the Americans were on a par with Nazi Germany with its actions in the Persian Gulf. I have documents in my possession which support my assertions," he told the court. "This is on the basis that on-going acts of aggression in Iraq and systematically applied war crimes provide a moral equivalent between the US and Nazi Germany."
Kendall-Smith stated [2] that he could not obey an order he believed to violate international law.
"For me to comply with an order which I consider to be illegal places me in breach of domestic and international law, something that I am not prepared to do," he said in a statement to military police which was read out to the court.
He told the judge advocate: "I love the Air Force today as much as the day I volunteered, sir."
No doubt chickenhawks everywhere will demand more punitive action against the good doctor, but I think that many of us here owe him a debt of thanks.
Please consider sending him a card of support. Here is the contact information for his solicitor:
Justin Hugheston-Roberts
Rose, Williams & Partners
Address
Stamford House, 2 Waterloo Road,
Wolverhampton, West Midlands
WV1 4BL ENGLAND
Telephone Number
01902 716171
0845 6011260 (Helpline)
Facsimile Number
01902 310419
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