Global Eye: Philosopher's Stone

By Chris Floyd
Published: November 3, 2005

Last week, a legal thunderbolt struck at the heart of the grubby conspiracy that led the United States and Britain into an illegal war of aggression against Iraq. But this searing blow didn't fall in Washington, where a media frenzy raged over a White House indictment, but in southern England, in a military courtroom, where a lone soldier stood against the full force of the great war-crime enterprise, armed only with a single, rusty, obsolete weapon: the law.

While Potomac courtiers were reading the entrails of the cooked goose of Scooter Libby -- the first Bushist honcho caught in the slow-grinding gears of special prosecutor Patrick Fitzgerald's investigation -- in Wiltshire, Flight Lieutenant Malcolm Kendall-Smith faced a court martial after declaring that the Iraq war was illegal and refusing to return for his third tour of duty there, The Guardian reports.

He has been charged with four counts of "disobeying a lawful command." But Kendall-Smith, a decorated medical officer in the Royal Air Force, says that his study of the recently revealed evidence about the lies, distortions and manipulations used to justify the invasion has convinced him that both the war and the occupation are "manifestly illegal." Thus any order arising from this criminal action is itself an "unlawful command," The Sunday Times reports. In fact, the RAF's own manual of law compels him to refuse such illegal orders, Kendall-Smith insists.