A preliminary report issued by the Citizens' Hearing held in Tacoma, Washington, January 20-21, 2007 is now available at the tribunal's website http://www.wartribunal.net/REPORT.pdf .

FOR IMMEDIATE RELEASE: February 2, 2007            
www.wartribunal.net 

CONTACT:  Cindy Sousa 206-734-5040  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it                    
                  Linda Frank  253-537-1405 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

REPORT:   www.wartribunal.net/REPORT.pdf (65 pages; 31 MB)

 
Preceding Lt. Watada Court Martial, Citizens’ Hearing Panel Declares Iraq War Illegal, Issues Call to Conscience with Release of Tribunal Report 

Tacoma, WA- In an unprecedented two-day Citizens’ Hearing held January 20 and 21, more than 600 citizens joined a distinguished tribunal panel in listening to testimony about the legality of the US invasion and occupation of Iraq. The twelve panel members, half of whom are military veterans from World War II, Korea, Vietnam, and more recent conflicts, stated in their report: “We believe that in a democracy the ultimate responsibility to make such a determination falls to citizens.”

Russell W. McNutt, a veteran of three wars: World War II, Korea, and Vietnam, stated: “Our Citizens’ Panel found the Iraq War to be illegal in both national and international law. In our document, we issued a Call to Conscience for Congress to hold hearings on the legality of both the war itself and the ways that the war is being conducted.”  The panel listened to two days of testimony from Iraq War veterans and experts in international law (such as Daniel Ellsberg, Professor Richard Falk, and former U.N. Assistant Secretary-General Denis Halliday), which is included in the panel’s report. 

The Citizens’ Hearing Call to Conscience, released today, details findings based on testimony about Crimes Against Peace, War Crimes, and Crimes Against Humanity. Most boldly, the Call to Conscience charges that the war in Iraq is a war of aggression that “constitutes a ‘crime against peace’,” under the terms of the Nuremberg Principles.  

The panel’s document contends: “The U.S. has not fulfilled its responsibilities as an occupying power under the 1907 Hague Convention and 1950 Geneva Conventions”, maintaining that the U.S. policy makers intentionally planned and executed the bombing Iraqi civil infrastructure and that the use of indiscriminate weapons, such as cluster bombs and white phosphorus, is common. The panel found that responsibility lies with the command structure, rather than individual soldiers, that puts enlisted personnel at risk of violating human rights.  

Panel member Elizabeth Falzone, whose cousin was killed while serving in Iraq, emphasized: “We cannot stand idly by when military civilian leadership neglects their responsibility to soldiers during wartime. Citizens must hold those officials accountable rather then let individual military members take the fall.” 

The Call to Conscience also presents the panelists’ findings on Disobeying Illegal Orders, in which they state: “The oath to support and defend the Constitution implies that if in conscience a person believes an order to be illegal, he or she has an obligation to refuse the order.” The panel was explicit in its support for Lt. Ehren Watada, the Army’s first commissioned officer to refuse deployment to Iraq based on his assertion that because the Iraq War is illegal, it is his duty to refuse orders to deploy. The Citizens’ Hearing panel calls upon the presiding officer in his court martial to hear all of the evidence about his contention that the war is illegal, and furthermore calls upon every officer to fulfill their oath of allegiance to the Constitution by refusing orders they believe to be illegal.  

Panel Chair David Krieger asserted: "The Citizens' Hearing heard testimony from returning soldiers and international law experts on the illegality of the Iraq War. It is testimony the military judge has excluded from Lt.Watada's court martial. The evidence was devastating and conclusive on the illegality of the war and the pattern of war crimes and crimes against humanity being committed in Iraq. It is testimony that every American should hear. Lt. Watada has acted honorably in supporting and defending the U.S. Constitution. The same cannot be said for those political and military leaders who designed, initiated and perpetuated the unlawful invasion and occupation of Iraq." 

Burk Ketchum, a World War II veteran and former Naval Reserve officer from Tacoma, Washington, said “Having heard two days of testimony, I am convinced that all military officers have a responsibility, under the terms of the Nuremberg Principles (which are part of the laws of this country) to refuse participation in an illegal war. Our panel found the war to be illegal. In my book Lt. Watada deserves a medal for being the first officer with the guts to bring the illegality of the Iraq War to national attention.” 

Interviews with panelists or testifiers can be arranged through Cindy Sousa at 206-734-5040 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .  

The full 65-page report, which details the testimony presented from Iraq War veterans and experts in international law, findings of the panel and the Call to Conscience, is available as a 31-MB pdf file at www.wartribunal.net/REPORT.pdf .  Video and links to audio clips are on the website: www.wartribunal.net , and more will be available.  

 Information about Lt. Ehren Watada’s case, his February 5th Court Martial and the mobilization leading up to it, is at www.thankyoult.org. 

CITIZENS’ HEARING PANEL
(affiliations listed for identification purposes only)

Chair: David Krieger - President of the Nuclear Age Peace Foundation, Former Army 2nd Lieutenant stationed in Hawaii during Vietnam War; Juror of Conscience in the 2005 World Tribunal on Iraq (Istanbul). 

Gold Star Families:   Elizabeth Falzone From Seattle; cousin David was killed in action in Tikrit, Iraq  

Military Families: Rich Moniak  From Juneau AK; son served in Iraq & Afghanistan 

Veterans of former wars:  Russell W. McNutt  From Centralia WA; Marine Corps veteran; enlisted 1945, commissioned 1950 served in Korea; served 3 years in Allied Air Forces Naples, 2nd Marine Aircraft Wing Vietnam, HQ MACV Saigon 1968-69  

Veterans of former wars:   Burk Ketcham     World War II veteran; former Naval Reserve officer, Tacoma 

New veterans:   Maricela Guzman   From Los Angeles; Navy veteran in Diego Garcia & Italy  

High school students:  Estella Villarreal    Ida B. Wells School at University of Washington in Seattle 

Government leaders:  Lyle Quasim   Former Secretary of Washington Department of Social and    Health Services; Vietnam veteran from Tacoma 

Religious organizations:    Rev. Elaine Stanovsky    United Methodist Church; Superintendent of the Seattle-Tacoma District; ex-President-Director, Church Council of Greater Seattle.  

Labor union members:  Zeek Green    International Longshore Workers Union member, Tacoma 

Academia:  Staughton Lynd   Historian, attorney and activist from Youngstown OH; Ph.D from Columbia; taught at Yale; outspoken objector to Vietnam War.  

Health care community:    Emily Lutz   Army Reserve medic, Los Angeles; Individual Ready Reserve 

###