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RE: [casi] Query on incitement to mutiny - the answer



At 18:56 19/03/03, Julie wrote:
>On the subject of soldiers and the law, if this war is illegal under
>international law, does that then make any British soldier who goes guilty
>of a war crime? Does obeying orders count as a defence, and conversely, do
>soldiers have the right under military law to disobey orders that might,
>say, involve them attacking civilians? If the answer to both is no, then
>soldiers would seem to be in a Catch-22 situation.
>
>Julie

Julie,

In 1991 Vic Williams, defended by Helena Kennedy, was court martialed for
leaving his post - while *AWOL* the guy was making speeches at anti-war
rallies :) - and eventually (11 September 1991 - if I remember correctly)
was jailed for 14 months.

Google should reveal more info. abt his defence.

It's very unlikely that anybody on the side of *the good guys* will end up
in the ICJ.
And I don't suppose they'd be too keen on having Saddam reveal how he was
armed either.

rgds
Dermot


>--On Wednesday, March 19, 2003 10:28 AM +0000 "Chris.Williams"
><Chris.Williams@open.ac.uk> wrote:
>
>>  And, as ever, the moment I'd sent this off, I finally dug out the answer.
>>It's two years if convicted in Crown Court, three months if in a
>>magistrates' court. I love human rights, me.
>>
>>Chris
>>
>>-----Original Message-----
>>From: Chris.Williams
>>To: 'casi-discuss '
>>Sent: 19/03/2003 10:07
>>Subject: [casi] Query on incitement to mutiny
>>
>>  I'm not a lawyer, but for some reason or other I need to know how UK
>>law
>>currently stands on the issue of calling upon members of the armed
>>forces to
>>desert or mutiny. Can anyone on the list tell me, or point me in the
>>right
>>direction?
>>
>>Chris


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