Army charges officer who refused to deploy to Iraq

FORT LEWIS – The Army filed three charges today, including conduct unbecoming an officer, against a lieutenant who refused to deploy to Iraq last month because he believes the war there is illegal.

Military lawyers calculated that 1st Lt. Ehren Watada, 28, could face nearly eight years in prison and a dishonorable discharge if convicted, said his attorney, Eric Seitz of Honolulu. The other charges are missing movement and contempt toward officials.

"The Army has made a very serious mistake by charging him with the content of the statements he has made, which are not only true with regard to the manner with which the war was initiated and conducted, but are not disrespectful or contemptuous as alleged," Seitz said. "He was fully entitled to make those statements in the manner in which he did."

Watada, a member of the Army's first Stryker Brigade Combat Team, refused to go to Iraq after researching the war and determining it to be illegal. He said he would be willing to serve in Afghanistan or elsewhere. The Army refused to allow him to resign his commission because his unit is covered by a stop-loss policy and he has not fulfilled his service obligation, which ends in December.

Watada's stance prompted rallies of support near Fort Lewis, in Seattle and in Honolulu, his hometown, as well as some counter-demonstrations. Watada's commanders barred him from attending a news conference by his supporters last month, but they played a video in which he said the "war in Iraq is not only morally wrong but a horrible breach of American law."

"Although I have tried to resign out of protest, I will be forced to participate in a war that is manifestly illegal," Watada said. "As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order."

Army officials warned then that the public announcement of his intent to disobey orders could lead to sanctions.

"Officers are held to a high moral and legal standard," the Army said in a news release announcing the charges. "Acts contrary to this standard may be tried by court-martial."

Watada did not apply for status as a conscientious objector because he isn't opposed to war in principle, just the war in Iraq. Army regulations define conscientious objection as a "firm, fixed and sincere objection to participation in war in any form or the bearing of arms, because of religious training and belief."

Watada will face a preliminary military hearing on the charges to determine whether he will be court-martialed.