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Indybay Feature

The Right to Moral Refusal / Choice in War

by Tom Kertes (tom [at] liberationlearning.org)
Soldiers have the right to moral refusal when it comes to participation in immoral and illegal warfare, such as the US occupation of Iraq.
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The fact is that war is carried out not by the President and his Generals and advisors, but by those who follow his command. In absolute truth, there would be no occupation of Iraq without the active participation of soldiers. While the war is constructed by those in power, it is executed by ordinary Americans. While the law says that this is okay - that it is okay to participate in war - the law does not determine what is moral.

The best analogy I can think of is that of slavery. Most white Americans did not think of slavery as immoral. It was just the way things were. But there were Americans who asserted that slavery was immoral and illegal. All slaves had the right to freedom, whether recognized by the government or not.

It is possible to talk about moral accountability without attacking or blaming the soldiers. And is required that we do so. This is because the frame around this discussion is so tight as to prevent almost any discussion about the morality of the occupation without seeming to be attacking the American soldiers.

I contend that this occupation is totally immoral, and for this reason I do not participate in it directly. I would like others to come to this same conclusion.

But I also understand that those who do not come my conclusion face a complex and difficult choice. Most don't even realize that there is choice. Most don't want there to be choice, as well. But the choice remains - although costly and difficult. Liberals should love and support those who are exploited by the government to carry out an immoral and illegal occupation. But liberals should not support collective denial, should not further the lie that there is no choice in war.

The best analogy I can think of is that of slavery. Most white Americans did not think of slavery as immoral. It was just the way things were. But there were Americans who believed that slavery was immoral, and they asserted this strongly. They also asserted that all slaves had the right to freedom, whether recognized by the government or not. The right was a moral right, and it did not matter that the government imposed costs on those who helped assert this right. While all white Americans had the choice to help free the slaves, by all means available, they were actually legally compelled to act otherwise. The choice of moral refusal in slavery was complex - since the costs of nonparticipation were high and the immoral aspects of slavery were not uniformly accepted.

1: Every American has the right of moral refusal to participate in immoral or illegal war (even if this right is not recognized by the government, the right exists nonetheless).

2: The right of moral refusal may be applied to all armed conflict, or to a specific military campaign.

3: The choice of participation in war is complex. Here are some reasons why a person might choose to participate in the current occupation:

  • Belief and value in the rule of law, in the role of a military and of soldiers in a democratic republic
  • Belief that the occupation is a just cause
  • Belief that the occupation is not immoral
  • Limited economic choices, being dependent on the military
  • Ignorance of choices, of the moral issues with the occupation
  • Fear, pressure from peers, propaganda, social conditions of the military
  • Age, immaturity, family expectations
4: There are compelling moral reasons to not participate:

  • The invasion and occupation is a crime against the peace, which is in violation of US law through treaty obligations
  • The invasion is not related to the defense of America
  • The invasion is oppressive, directed at the poor and motivated by command of resources
  • George Bush lied about the reasons for going to war
  • Over 100,000 Iraqis have been killed so far, and for an immoral, illegal and unjust cause at that
  • Civilians will be killed in war, not intentionally but killed nonetheless, and given that the war is one of choice no civilian should be killed
5: There are ways to exercise one's right to moral refusal in the occupation:

  • File for CO status
  • Refuse mission, most likely go to jail as a result
  • Go AWOL (there have been over 5,500 deserters so far, and only 1/3 of reservists in some units have reported to duty)
  • Go AWOL and the leave the US
  • Not enlist
  • Refuse the draft if it is called
6: The reason for asserting that war is a choice matters because it determines the frame of discussion. If there is no right of moral refusal, and if war is not a choice, then it is difficult to assert:
  • that the current US occupation of Iraq is morally wrong
  • and that people should exercise freedom from the draft or from military service for moral reasons

The current frame works this way:

It hurts the troops to say that they are bad.
Because it hurts the troops, those opposed to a war should not say that the troops are bad.
Therefore, the troops are said to be not bad because they do not have a choice and, it is also said that troops are not bad because war is a collective act
Without choice, individual moral judgments are not relevant in one's participation in war Because war is a collective act, to say that the war is bad is to say all involved (including the troops) are bad as well
Therefore, the person who does not participate is a coward (or possibly a pacifist) Therefore, don't say that a war is morally wrong

Asserting war as a moral choice opens up this frame:

Participating in war (as a soldier, etc.) is a choice involving moral and economic judgment within the context of a specific war. Each soldier has the ultimate choice of participation or nonparticipation, albeit with varying costs and benefits.
Individuals decide if a specific war merits their participation or not, and then act on this judgment and, individuals weigh the costs and benefits of action related to participation or nonparticipation in a specific war
Individuals have the "God-given" right to choose to participate or not in a specific war based on moral and economic factors

7: Soldiers are victims of war.  While they may have a choice, the government is exploiting them.  The choice made is in the context of propaganda, lies, cohesion, legal powers and acculturation.  War is hell for all involved.  Bush and the neocons are to blame for this hell.

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