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Support the Constitution, free PFC James Burmeister
Pershkrimi videos:Today is the 4th of July, 2008, about 9 pm when firework displays usually start. We will not attend these. As Veterans for Peace we reject these simulations of war, which should not be used to celebrate or represent our country.
This pervasive symbolism in America that glamorizes and sanitizes violence, together with dehumanization of other peoples such as the Vietnamese 40 years ago and Arabs today, contributes to the moral apathy of Americans as we attack, occupy and lay waste to the nation and people of Iraq.
Our seizure of Iraq violates international laws which prohibit aggressive war, laws to which we are bound by our Constitution which declares our treaty obligations the "supreme law of the land." These include the United Nations Charter.
Upon joining the military we swore an oath "to support and defend the Constitution of the United States." Yet today, American soldiers are being prosecuted for doing just that.
On July 16, a 23-year old soldier from our city, PFC James Burmeister, will face a special court-martial for desertion at Ft. Knox, KY, threatened with prison, dishonorable discharge and loss of VA care for his PTSD and residual effects of brain injury from a roadside bomb.
Burmeister joined the military naively accepting the recruiter's assurance that he would be doing "humanitarian" work such as delivering food and restoring infrastructure. However, he was soon puzzled to find himself in training to raid and ransack the private homes of Iraqi citizens.
His duty assignments in Iraq eventually included "bait and kill" operations that lured Iraqis into the open to retrieve apparently abandoned US military equipment such as cameras, where they were then killed by snipers. Victims were almost always unarmed, not identified as combatants, and were sometimes children.
As a normal man with a normal conscience, Burmeister recognized that he was witnessing and being directed to participate in war crimes. This disturbed him deeply. He talked about it, applied to become a conscientious objector, and when denied this, went AWOL to Canada in May 2007 which after 30 days became desertion.
In June 2007 Burmeister reported these war crimes to CBC news in Canada, and they were later confirmed in a Washington Post story in September 2007. As a whistleblower, Burmeister deserves our gratitude and support in restoring the rule of law to our country.
We believe that PFC Burmeister has a strong legal defense based on the following seven points:
1. Upon joining the military, Burmeister swore to "support and defend the Constitution of the United States."
2. Article VI, Paragraph 2 of the United States Constitution, which Burmeister is sworn to defend, requires our government to comply with its treaty obligations.
3. U.S. treaty obligations include the Nuremberg Charter establishing that following orders does not excuse war crimes.
4. This principle is incorporated into the Uniform Code of Military Justice, which states that American military personnel have not only the right but the duty to refuse illegal orders. An order to commit war crimes is an illegal order.
5. U.S. treaty obligations also include the Fourth Geneva Convention that specifies the responsibilities of an occupying power for the welfare of a population occupied. This requires us to protect, not "bait and kill," citizens under occupation.
6. Burmeister was denied his right and duty to refuse illegal orders under the UCMJ, and was thereby forced by his commanders into the action he took: refusing illegal orders "with his feet" after attempting to do so through normal channels of communication with his commanders.
7. Burmeister's actions precisely fulfilled his oath to defend the Constitution by adhering to international law, and his duty under the Uniform Code of Military Justice.
As U.S. Army veterans and American citizens, we therefore urge that PFC Burmeister be found not guilty of desertion under the Nuremberg Principle of the UCMJ, receive an honorable discharge, and receive full veterans benefits including VA treatment of his physical and psychological injuries suffered in the line of duty.
More complete information on PFC James Burmeister can be found at this link: http://veteransforpeace.net/forum/viewtopic.php?t=100
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