There is no conscription in the United States: people in the military who become conscientious objectors have to show they oppose all war and that they took this view only after joining the military, having had a change of heart.
Most resisters in the US are selective and not public about their objection. Many are denied reasonable requests for compassionate reassignment or discharge in spite of family problems, or emotional or physical after effects from their time in the military. Large numbers of soldiers are not returning for duty.
The price of speaking out
A major public case in the US currently is that of Lt Ehren Watada. He is being court-martialled for refusing to deploy to Iraq, the first officer to do so. He is facing additional charges for speaking out about why he is taking this stand.
In his defence, he has challenged the war's legality - the only reason he has for refusing to deploy. But, according to the prosecution, in doing so he has engaged in “conduct unbecoming an officer and a gentleman”. He is putting the Iraq war on trial.
On 18 January, the military judge in Watada's court martial ruled that the Nuremberg defence will be inadmissible at trial. And even though one of the charges stems from Lt Watada publicly speaking about his motives (avoiding illegal actions in Iraq), the judge also ruled that questions of motive are irrelevant and inadmissible. Questions about the lack of due process won't be allowed, but the military will be allowed to try Watada for making political speeches about his motives.
In response to these pre-trial determinations by the judge, Watada said “[T]his war is illegal and immoral. Everything I've done since I announced publicly why I'm refusing to go to this war is an attempt to appeal to the American people to fulfil their civic obligations.” The trial continues on 5 February.
Women's resistance
Last June the War Resisters League gave its 41st annual Peace Award to women resisting war from within the US military. Accepting on behalf of all the rest were Iraq war resisters Diedra Cobb, Anita Cole, Kelly Dougherty and Katherine Jashinski. Other women GIs are speaking out too. Suzanne Swift's case highlights the worst of militarist misogyny even towards its own female service people. In 2004 she was sexually assaulted by her squad sergeant during a tour of duty in Iraq. After experiencing a mental breakdown while back in the US, she refused to return to Iraq and went AWOL. The military court-martialled her and she served 30 days in prison for her “crime”. In the end, due to the stress of fighting the case, she decided to drop charges against her assailants, submit to the court-martial, and finish her time in the military.
Support for refusal
Courage to Resist is a new group providing support to GI resisters, and Iraq Veterans Against the War has been taking their opposition on the road with a bus tour. “Iraq Veterans Against the War (IVAW) was founded by Iraq war veterans in July 2004 at the annual convention of Veterans for Peace (VFP) in Boston, to give a voice to the large number of active duty service people and veterans who are against this war, but are under various pressures to remain silent.”
Resisters fleeing to Canada are finding support from Canadians, but not from their government - which has refused asylum cases. It isn't like it was during Vietnam. Soldiers like Kevin Benderman have returned from Canada to deal with the consequences and are going to prison. They are coming out as outspoken participants in the anti-war movement.
The 2006 release of the documentary Sir! No Sir! - about the unsung anti-war organising from within the ranks of soldiers during the Vietnam War - has awakened in soldiers the realisation that they do have some right to speak their minds, and that there is a tradition of resistance for them to be part of.