Japan government out of touch with Okinawan concerns about U.S. bases

http://mdn.mainichi.jp/features/news/20091109p2a00m0na021000c.html

Gov’t out of touch with the real problems Okinawans over U.S. military presence

The charred Javanese bishopwood trees are a pitiful sight, a lasting reminder of the U.S. military helicopter crash on the campus of Okinawa International University on Aug. 13, 2004, just south of U.S. Marine Corps Air Station Futenma.

Noriyoshi Miyagi, 67, who runs a confectionary company near Futenma, was reminded of a similarly nightmarish incident that took place 45 years earlier when he saw black smoke billowing from the American helicopter, when in 1959, a U.S. jet fighter slammed into Miyamori Elementary School in Uruma City (then Ishikawa City), killing 17 people, including 11 of the school’s students. Miyagi witnessed the destruction first hand.

“If all our politicians saw something like that, they would immediately understand the danger of military bases,” he said.

The relocation of Futenma — which currently occupies one-fourth of Okinawa’s Ginowan City and is called “the world’s most dangerous military base,” due to its location by the city center — has remained at a standstill since the 1996 Japan-U.S. agreement of its reversion to Japan. But since the Democratic Party of Japan (DPJ) took over the reins of government in September, it has once again become a top-priority issue.

Like most Okinawa residents, Miyagi thinks that relocation out of Okinawa is the best solution, but more than anything, he is simply tired of living under such risky conditions. Asked what he thinks about relocation of Futenma to an offshore location at Camp Schwab in Nago City, he answered, “I guess it can’t be helped. I worry more that nothing will actually happen.”

Seisuke Tamanaha, 77, who owns land inside Futenma air station that he inherited from his parents, is similarly doubtful. “I had faith … but I really don’t want to talk about politics.” He’s a “military landowner,” whose land was forcibly turned over for use by the U.S. military, for which he receives rent from the Japanese government.

U.S. military troops landed on Okinawa Island in April 1945, and grueling ground fighting ensued between Japanese and U.S. troops. Tamanaha was just 12 years old at the time. Upon returning home from a relocation camp after the war ended, he found that the surrounding area had become an aircraft junkyard, which was eventually absorbed into the air station.

Of the 13 people in his family, only he, along with his mother and grandmother, survived. In protest, he never took one of the well-paid jobs on U.S. military bases, but has mixed feelings about having received rent for the family’s land. He remembers feeling a weight lift from his shoulders 13 years ago when a bilateral agreement was reached stating that Futenma would be returned to Japan.

Still, he has misgivings about the fact that other Okinawans will continue to bear the burden. Naturally, he had had high hopes for the DPJ, which called for the relocation of Futenma out of Okinawa and out of the country during its general election campaign. On Sept. 26, however, Defense Minister Toshimi Kitazawa stated that relocating Futenma out of Okinawa would be “extremely difficult.” A change of course by the government not even a month after the general election has made Tamanaha increasingly distrustful.

At a study session by Ginowan City military landowners on Oct. 31, the venue was less than half filled. “Maybe people are too dumbfounded to attend,” suggested Tamanaha with a sigh. “They probably think nothing’s going to happen for a while anyway.”

Approximately 40 kilometers northeast of Ginowan City, an emerald green ocean glimmers off the coast of Henoko, Nago City. In a tent set up next to the fishing port, a sit-in by residents protesting Futenma’s relocation has been going on for more than five years. Meanwhile, 72-year-old Shigemori Shimabukuro, who sees parallels between the Futenma relocation and the establishment of Camp Schwab some 50 years ago, is hopeful that relocation of the air station to the area will help his son find good work. Another man, a construction worker in the area, said with a wry grin, “It would help if the base came here, but we no longer live in an age where the construction industry influences politics.”

On the heels of the statement by Defense Minister Kitazawa, on Oct. 23, Foreign Minister Katsuya Okada announced his desire to revive the option of shifting Futenma to Kadena Air Base. “They’re repeating the same discussions that took place over a decade ago,” Shimbakuro muttered. “Considering the number of aircraft at Kadena, even a kid can tell that it’s impossible to incorporate Futenma into Kadena …”

In addition to the various views and interests of local residents, the relocation has given rise to discord within the new government. Ahead of President Barack Obama’s upcoming visit to Japan, on Nov. 5, Foreign Minister Okada notified U.S. officials that the Japanese government was postponing its decision on Futenma.

“I will make the final decision (about the Futenma relocation),” Prime Minister Yukio Hatoyama declared last month, to which Tamanaha remarks: “It’s always people who don’t know Okinawa who are making the decisions.” (By Toru Watanabe, Tokyo Regional News Department)

Okinawa Governor greeted in Honolulu with anti-bases message while thousands protest bases in Okinawa

Over the weekend there were massive protests in Okinawa against the expansion of a U.S. military base in Henoko, Okinawa.   Below are two articles about the demonstrations. But where was Okinawa’s Governor Nakaima?

The pro-base politician was on a trip, dodging a confrontation with the protest movement.    Instead of facing his own constituency, Nakaima was in Honolulu to meet with the Commander of the U.S. Pacific Command!

Since, he wasn’t in Okinawa to receive the message, the Hawai’i Okinawa Alliance (HOA) assembled a “welcoming committee” to greet the Governor at the Honolulu International Airport.   HOA members greeted a surprised Governor Nakaima with leis, signs and the message that the U.S. bases must go.  As Pete Shimazaki Doktor reports:

as soon as he heard us speak about henoko, his smiled dropped and he started to walk away!  we walked along w/ him and his crew of advisors, aides and assistants who walked around or behind, not with, the governor as we spoke to him in broken japanese and english.  when we said we didn’t want more bases in okinawa, he said, “but there are a lot of bases here!” of which we expressed we didn’t want them and that they were dangerous and problematic too.

While it probably didn’t change Nakaima’s mind, the message was unavoidable.   Bases out!  Peace for Okinawa! Peace for Hawai’i!  Peace for the world!

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Japanese protest over US base before Obama’s visit

Posted: 08 November 2009 1444 hrs

 

People gather at a rally against the US military base in Ginowan, Okinawa Prefecture on November 8.

GINOWAN, Japan : Thousands have rallied against a US military base on Japan’s Okinawa island, raising the heat in a simmering row days before President Barack Obama visits Tokyo.

Local opposition has often flared against the large US military presence on the southern island, strategically located within easy reach of China, Taiwan and North Korea and dubbed the United States’ “unsinkable aircraft carrier”.

In a new development Japan’s foreign minister has said that Tokyo’s decision on relocating the US Marine Corps Futenma Air Base could be delayed till next year.

A string of local elections next year on the island could also sway the fate of the controversial military facility, Foreign Minister Katsuya Okada said.

“I think the end of December can be a point of time by which we should work out a rough plan… but it may be delayed from this,” Okada told a talk show on the private Asahi network.

The government of Prime Minister Yukio Hatoyama, which swept to power in September, has said it may want the base, now located in a densely populated area, moved off the island or even out of the country.

The rise of a new centre-left government in Japan, ending decades of conservative rule, has brought the issue of the US military presence in the country back to the centre of national politics and has strained Japan’s most important security alliance.

The Futenma base, located in a densely populated urban area, has emerged as a flashpoint for local opponents who have been angered by aircraft noise, pollution, the risk of accidents and crimes committed by US service personnel.

Okinawans reacted with fury to the 1995 rape of a schoolgirl by three US servicemen, and demands to close the base on safety grounds grew when a US helicopter crashed into the front yard of a local university in 2004.

The government of Prime Minister Yukio Hatoyama, which swept to power in a landslide and has vowed a less subservient relationship with Washington, has said it may want the base moved off the island or even out of the country.

The United States has demanded Japan honour a 2006 agreement under which the Futenma base would be closed but its air operations moved to an alternative site to be built on Okinawa by 2014 in the coastal Camp Schwab area.

But activists near Camp Schwab also oppose the planned new base, which would be built on reclaimed land and would include two runways likely to affect a marine habitat home to corals and an endangered sea mammal, the dugong.

On a visit to Japan last month, Defence Secretary Robert Gates bluntly urged Tokyo to “move on” and resolve the issue before Obama’s arrival, stressing that Washington does not want to renegotiate a pact that was years in the making.

Hatoyama has said Japan will need more time to resolve the tricky question as it weighs the demands of Washington and of the people of Okinawa, a heartland of left-leaning and pacifist groups who oppose the bases.

Subtropical Okinawa, located about 1,600 kilometres south of Tokyo, saw some of the bloodiest battles of World War II.

– AFP/ir

http://www.channelnewsasia.com/stories/afp_asiapacific/view/1016762/1/.html

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Japanese town stages anti-US base protest

Posted: 08 November 2009 0515 hrs

 

People stage a rally against a US military base on Japan’s Okinawa island

KADENA, Japan : Thousands of residents of Japan’s southern island of Okinawa Saturday staged a protest against the presence of the US military on the eve of a major rally against a controversial airbase.

Some 2,500 people living in Kadena town, which already hosts a large US Air Force base that frequently provokes complaints over the noise of jet planes flying day and night, protested a government proposal the city accept another US military installation.

The demonstration came a day before Okinawans were to stage a major rally against a 2006 Japan-US military agreement ahead of US President Barack Obama’s first visit to Tokyo.

Under the pact, Tokyo’s then conservative government agreed with Washington that the US Marine Corps Futenma Air Base, which Okinawa has long demanded be moved out of a residential area, be relocated to the island’s coastal Camp Schwab site.

New Prime Minister Yukio Hatoyama — who swept to power in a landslide and has vowed a less subservient relationship with Washington — said during the election campaign he would review the agreement and wanted the base moved off the island or even out of the country.

But under pressure from the United States, which has demanded Japan honour the pact, Foreign Minister Katsuya Okada proposed the Futenma operations be merged with the already existing air base in Kadena — a suggestion that has angered Kadena residents.

“No matter what reasons or what explanations are given, I will never accept it,” said Kadena mayor Tokujitsu Miyagi at the rally.

“Let’s get rid of this proposal with our unshaken determination!”

More than 30,000 protesters were expected to gather Sunday against the 2006 agreement in a park near the Futenma Air Base in Ginowan city, organisers said.

The Futenma base, located in a densely populated urban area, has emerged as a flashpoint for local opponents who have been angered by aircraft noise, the risk of accidents and crimes committed by US service personnel.

“The Okinawan people are ready to shoulder the burdens of hosting the US military if the rest of Japan does the same,” said Miyagi, whose town gives up about 83 percent of its land for the air base, according to town documents. “But what Okinawa has sacrificed has been just too much.”

Washington and Tokyo have been close security allies in the post-war era, with the United States guaranteeing Japan’s defence and providing nuclear deterrence during and after the Cold War.

Subtropical Okinawa, located about 1,600 kilometres (1,000 miles) south of Tokyo, is considered to be a strategic site near China, Taiwan and North Korea, hosting more than half of the 47,000 US troops stationed in the country.

– AFP /ls

http://www.channelnewsasia.com/stories/afp_asiapacific/view/1016721/1/.html

Marines plan another urban training site in Hawai’i?

The article doesn’t specify where the Marines plan to put this new facility.  They already built a new MOUT at Waimanalo (Bellows) on Hawaiian national land that was supposed to be returned.  They failed to consult with the local community, which sparked protests.   Previously, the Marines had wanted to build a MOUT on Mokapu peninsula, in a Kanaka Maoli (Native Hawaiian) burial site, but this was opposed by the Hawaiian families from that area. So the MOUT was moved to Waimanalo.   Afghan nationals were shipped in from California to play the role of villagers for a recent training event in Waimanalo:

Nearly 50 Afghan nationals were recruited in Southern California and brought to Hawaii. They not only participated in checkpoint and village exercises but also prepared Afghani dishes for the Marines to sample.

Travel to Hawai’i, be extras in a military exercise…not bad work if you can get it.   Beats getting shot up or bombed by drones.

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http://www.honoluluadvertiser.com/article/20091108/NEWS08/911080390/Marines+to+build+urban+training+site+in+Islands

Posted on: Sunday, November 8, 2009

Marines to build urban training site in Islands

$7.9 million facility will help meet requirements for predeployment

By Dan Lamothe

Marine Corps Times

The Marine Corps will expand its use of special effects in infantry training next year, with an expansive urban training facility anticipated in Hawaii and high-tech immersion trainers planned in North Carolina and California, Marine officials said.

The next-generation Military Operation on Urban Terrain facility planned for Marine Corps Base Hawaii is expected to cost $7.9 million. Officials say it will help Marines meet predeployment requirements while reducing the need for travel to the Mainland.

Currently, most Hawaii-based units conduct such training at the Marine Corps Air-Ground Combat Center in Twentynine Palms, Calif.

New Infantry Immersion Trainers are planned for Camp Pendleton, Calif., and Camp Lejeune, N.C.

The new facilities will incorporate many of the same methods to familiarize Marines with what they’ll see in war zones, including the use of foreign role players, digital holograms that resemble insurgents and special effects that simulate improvised explosive blasts and the chaos afterward.

The Corps chose to expand its immersion facilities to increase the number of Marines who receive the training. Since the existing trainer opened at Pendleton in fall 2007, about 12,400 trainees have gone through it, Marine officials said. A smaller immersion trainer overseen by the Marine Expeditionary Rifle Squad program based near Quantico is used to assess combat gear, but does not train large Marine units.

taste of combat

The “hyper-realistic” immersion trainers are important, Marine officials say, because they give Marines a chance to experience a taste of combat before they actually deploy, to test themselves while hearing different languages in tense situations and discern who is — and is not — the enemy.

But the Corps hasn’t been able to provide this type of training to as many Marines as it would like.

“One of the things that we realized through the experience at Camp Pendleton is that the IIT that they put in the old tomato factory just had limited through-put,” said retired Lt. Col. Rich Engelen, a range requirements officer with Training & Education Command, based at Marine Corps Base Quantico, Va. “They had an ability to host squads for training, but not in the volume that they wanted.”

Construction on the facilities has yet to begin, but planning is under way for all three facilities. The completion date for the Pendleton facility is May 2010, while the Hawaii facility could open in October and the Lejeune shoothouse could open in early 2011.

The facilities will offer Marine units training options that don’t exist now. At Pendleton, some units will be able to train for days, maneuvering through existing outdoor urban training facilities before sending squads of Marines through both the indoor and outdoor immersion trainers, Engelen said.

A conceptual drawing for the new Pendleton Infantry Immersion Trainer shows it could have dozens of buildings, a marketplace, cemeteries and mosques. Like existing outdoor urban training facilities, it also will have observation decks on the second floor of buildings, where the units can be observed during training.

“We’re going to make a concerted attempt to make this more realistic,” Engelen said. “One of the problems is that there is no solid definition of what immersion is. Everyone sort of understands that it’s the temporary suspension of belief to make you believe that you’re somewhere that you’re not, but we want to make it as good as we can.”

More role players

The facilities will likely incorporate even more role players who speak languages such as Pashtu, which is common in Afghanistan, Engelen said. They interact with Marines during training sessions, acting out scenarios that can range from friendly group meals to deadly ambushes.

The planned trainer in Hawaii also will break ground for the Corps. It will build on the service’s Military Operation on Urban Terrain concept, but offer four separate training areas with increasing levels of complexity, Engelen said.

“There will be some very basic structures that can teach some urban skills, then, as you ramp up, the most complex area will have irregular roads and paths, agricultural areas and other structures,” he said. “Conceivably, a company could come in, run distributed operations in the simple part then have an entire company take the final objective.”

MOUTs already exist on bases across the Corps, including Lejeune, Pendleton and Twentynine Palms. There are no holograms at MOUTs, however, and the facilities are typically large enough to send at least a company of Marines through, rather than a squad.

Federal stimulus: Hawai’i cuts schools but boosts military construction

The choices leaders make in times of crisis like the present reveal something of their true character and interests.

As a result of furloughs, the state of Hawai’i recently came in last for number of public school days.  Mark Niesse of the AP recently reported:

At 163 school days, Hawaii’s school year ranks behind every other state. Most states provide students with 180 days of school, while 10 other states offer less than 180 days, according to the Education Commission of the States.

It’s a matter of misplaced priorities. The U.S. Secretary of Education Arne Duncan wrote an editorial criticizing the state’s decision to cut public schools.   Most states applied the federal economic stimulus funds to keep teachers employed and schools open:

Of the 640,239 jobs recipients claimed to have created or saved so far, officials said, more than half — 325,000 — were in education. Most were teachers’ jobs that states said were saved when stimulus money averted a need for layoffs.

Instead, Hawai’i used federal stimulus funds to build up military bases.  According to the Pacific Business Journal, $122 million went to 182 federal contracts and created 250 jobs:

Armed with federal contracts, Hawaii businesses have created or saved 250 jobs in the eight months since the creation of the economic stimulus package, according to preliminary data…

The jobs are tied to federal contracts, most of which cover construction and environmental projects for the military.

Here’s a article from this summer about the military stimulus.    How militarized are we?

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http://www.starbulletin.com/news/20090526_Isle_military_stimulus_funds_arriving.html

Isle military stimulus funds arriving

By Gregg K. Kakesako

POSTED: 01:30 a.m. HST, May 26, 2009

Money from the federal economic stimulus package has started to flow into the islands, with the Navy putting out nearly $42 million in construction contracts and the Hawaii congressional delegation announcing about $64 million in Army projects.

Naval Facilities Engineering Command Hawaii at Pearl Harbor recently awarded three contracts totaling $41.9 million. A statement from the Naval Facilities Command said Hawaii is in line to receive $124 million to modernize Navy and Marine Corps facilities.

Two contracts are going to local companies:

» $10.6 million to Healy Tibbitts Builders Inc. to repair Pearl Harbor’s Sierra 1 submarine wharf.

» $11.3 million to Hawaiian Dredging Construction Co. for repairs to Pearl Harbor’s pier Bravo 4 and wharf Bravo 5. The project had been scheduled for fiscal year 2010 but was moved up due to the economic stimulus awards.

A $20 million contract was awarded to Bulltrack-Watts, a Joint-Venture, of Marysville, Calif., to repair runways at Pacific Missile Range Facility at Kauai’s Barking Sands.

The repair of runways, taxiways and aprons has come at “a critical time,” said Capt. Aaron Cudnohufsky, commanding officer at the Kauai missile range. “The asphalt surfaces are at the end of their 25-year service life, and the repair costs over the past few years for patching and sealing the failing surfaces have significantly increased. This project will ensure the PMRF airfield is mission ready for the next 25 years.”

Capt. Rick Kitchens, commanding officer of Pearl Harbor Naval Station, said Sierra 1 is one of Pearl Harbor’s historic submarine wharfs, built in 1942.

Without the economic stimulus money, Kitchens said the repairs would have not occurred for at least another year, possibly longer.

Healy Tibbitts will repair concrete support piles and superstructure as well as the fender system that protects submarines while they are docked at the wharf. The work also includes installing an oil containment flotation device called a Perma Boom.

Hawaiian Dredging will renovate the pier superstructure, concrete-supporting piles, and concrete deck curbing of Pearl Harbor’s pier Bravo 4, built in 1928, and wharf Bravo 5, built in 1932. The work will also include repairs to the asphalt topping, timber pile fender system, mooring hardware and utilities that have become damaged or deteriorated due to years of exposure to the marine environment.

The Army will get about $64 million in stimulus funds.

The Army Corps of Engineers said $4.9 million will be spent to dredge and maintain Haleiwa Small Boat Harbor and Waianae Small Boat Harbor and replace air-conditioning units and renovate restrooms at Kalaeloa Barbers Point Harbor.

Hawaii’s congressional delegation said the Pentagon will spend about $59 million on job-creating construction projects at Schofield Barracks, Wheeler Army Airfield and Fort Shafter on Oahu and Bradshaw Army Airfield and Pohakuloa Training Area on the Big Island.

The Army will spend $683,000 to install a photovoltaic system and generator set at Pohakuloa’s Bradshaw Airfield. An additional $1.9 million has been allocated to install two photovoltaic systems on two other buildings at the Big Island Army base.

At Fort Shafter, $5.7 million will be spent to repair the Staff Judge Advocate building, pay for termite repairs at Palm Circle and repair the youth center building and the library.

At Schofield Barracks, $33.5 million will go to install solar heating systems, renovate a motor pool and other buildings, install photovoltaic systems and upgrade other facilities.

Wheeler will receive $17.4 million to rebuild or replace several buildings and repair roofs, solar water heating systems and roads.

Ex-soldier guilty of Waikiki rape

http://www.hawaiinewsnow.com/global/story.asp?s=11402318

UH dorm burglar guilty of additional sex assault

Posted: Oct 28, 2009 11:26 AM

By Minna Sugimoto

HONOLULU (HAWAIINEWSNOW) – A former Schofield Barracks soldier gave up his court fight in a Waikiki rape case Wednesday.

Mark Heath pleaded no contest to burglary and sex assault. Prosecutors say two years ago, he broke into a woman’s Ala Wai Boulevard apartment while she was sleeping and raped her. D-N-A evidence linked him to the crime.

Heath is already convicted of breaking into dorm rooms at the University of Hawaii at Manoa and stealing various items, including women’s underwear. He also held a pair of scissors to a female student’s face and fondled her.

Prosecutors say they’ll seek a 60-year prison term when Heath is sentenced for both cases in January.

“Rape in the Ranks: The Enemy Within”

http://www.democracynow.org/2009/10/27/filmmaker_pascale_bourgaux_on_rape_in

“Rape in the Ranks: The Enemy Within”

As with suicides, the rate of sexual assaults within the US military now exceeds that of the general population. A Pentagon report earlier this year found one in three female service members are sexually assaulted at least once during their enlistment. Sixty-three percent of nearly 3,000 cases reported last year were rapes or aggravated assaults. Rape in the Ranks: The Enemy Within is a documentary that focuses on the cases of three female service members victimized by rape and other forms of sexual assault. We air excerpts of the film and speak to filmmaker Pascale Bourgaux. [includes rush transcript]

Guest:

Pascale Bourgaux, French journalist and filmmaker. Her film Rape in the Ranks: The Enemy Within had its US premiere last night at the New York Independent Film Festival.

SHARIF ABDEL KOUDDOUS: We’re going to turn now to another critical issue within the military ranks: sexual assault. As with suicides, the rate of sexual assaults within the US military now exceeds that of the general population. A Pentagon report earlier this year found one in three female service members are sexually assaulted at least once during their enlistment. Sixty-three percent of nearly 3,000 cases reported last year were rapes or aggravated assaults.

AMY GOODMAN: Rape in the Ranks: The Enemy Within is a documentary that focuses on the cases of three female service members victimized by rape and other forms of sexual assault. One of the victims, Tina Priest, she was found dead in Iraq in March 2006, just weeks after she had accused a male soldier of raping her. Her family was told she took her own life, but they don’t believe that. They think she may have been killed because she came forward with the rape accusation. In this scene from the film, Tina Priest’s mother, Joy Priest, visits her daughter’s gravesite.

PASCALE BOURGAUX: How did she die?

JOY PRIEST: She died in Iraq from what the Army says was a self-inflicted gunshot wound to her chest. That’s what the Army says. I don’t—I don’t know how she died. I want to find out how she died.

PASCALE BOURGAUX: What do you think?

UNIDENTIFIED: Don’t know what to think.

JOY PRIEST: There are so many different opinions. I don’t—I don’t see her killing herself. But if she did, I can understand why—

PASCALE BOURGAUX: Why?

JOY PRIEST: —she did. Yes, because of the trauma that she had been through with the rape and the way that people treated her afterwards. And so, I can see how she would be depressed enough to do that. But it’s not like her.

AMY GOODMAN: An excerpt of Rape in the Ranks: The Enemy Within. For more, we’re joined by the film’s director, Pascale Bourgaux, a French journalist and filmmaker. The film had its premiere last night here in New York at the Independent Film Festival.

Welcome to Democracy Now! Talk about Tina and the other three women you profile.

PASCALE BOURGAUX: So, Tina, the—you’ve seen in the excerpt, it’s—I mean, the family is still looking for the truth, because they’re convinced that she didn’t commit suicide, that she was killed. But the case is dead. They asked answer—they ask answer to the Army, but they never—you know, they never answer those questions they raised.

And then, the three other cases. There is Suzanne. She was raped by her command. She deserted. She refused to go back to Iraq to escape from her commander. And then she was in jail.

AMY GOODMAN: Suzanne Swift is a case we have covered extensively—

PASCALE BOURGAUX: Yeah.

AMY GOODMAN: —on Democracy Now!

PASCALE BOURGAUX: And then there’s Jessica. She was raped twice, in the United States and then in Korea. And then she left the Army, because it was the only way to escape also. And then she—she still dreams of going back to the Army, but she can’t. So now she’s an activist, and she’s helping other women. And she has, you know, the website and telephone. She answers telephone calls, thirty phone calls every week.

SHARIF ABDEL KOUDDOUS: Let’s turn to the clip you have about Stephanie.

PASCALE BOURGAUX: OK.

AMY GOODMAN: Stephanie is a military veteran. She was too scared to take action after she was sexually assaulted. She also lost her husband, who took his own life after serving in the military.

STEPHANIE: I was sexually assaulted. And when I went days later to see someone about it, because I was bleeding very heavily, she was a higher-ranking officer, and she told me, of course, that it was very stupid that I put myself in that situation. In so many words, she said that. And she asked me how could I not know that that could happen to me and kind of placed the blame on me.

PASCALE BOURGAUX: So Stephanie kept her mouth shut and repeated to others the advices she had been given. Many times she encouraged other women to keep silent and stifle rapes reported by .

STEPHANIE: But I was also an officer, and I should have been the one to step up to the plate at that time. So I was guilty, too, of telling people, “Well, you should move on and go on with your career.” So I was guilty, too, of that. And I think it’s a very common attitude to encounter in the military, unfortunately.

AMY GOODMAN: Another of the women. And back to Tina, you interviewed Tina’s family attorney. Let’s go to that clip.

PASCALE BOURGAUX: Fort Hood, Texas, this is where Tina’s alleged rapist has been stationed since returning from Iraq. It is one of the biggest US Army bases under maximum security. No access, no interview. The military attorney has refused all contact with Tina’s family.

The next morning, Tina’s mother received an unusual visitor: her daughter’s former commander in Iraq. At the mother’s request, we record their conversation. She’s looking for answers. Instead, the commander gives her a lecture.

ARMY COMMANDER: We want to try and get you the information that we know you want. And rather than going through the press—

JOY PRIEST: Right.

ARMY COMMANDER: You know, that’s everybody’s right to do that. I never felt bad when people go to the press about things when they’re not happy.

JOY PRIEST: Oh, I was furious.

ARMY COMMANDER: Yeah. Well, my promise to you is to get back what the answer is to your question.

PASCALE BOURGAUX: The commander leaves with the questions in hand. It took him almost a month to respond. But the answers don’t appease Tina’s family. Are the Army officials are afraid to take it upon themselves and assume their responsibilities? Many anomalies have been confirmed. At her own expense, Joy consulted a ballistics specialist. Today, this independent expert seriously questions the official theory of the suicide.

AMY GOODMAN: An excerpt of the film Rape in the Ranks: The Enemy Within. It’s premiered here in New York at the New York Independent Film Festival. We thank Pascale Bourgaux, the French journalist and filmmaker, for making the film. You can go to our website for details.

Sen. Inouye may strip anti-rape amendment from defense bill

http://www.huffingtonpost.com/2009/10/22/frankens-anti-rape-amendm_n_329896.html

Franken’s Anti-Rape Amendment May Be Stripped By Senior Dem, Sources Say

By Sam Stein, stein@huffingtonpost.com

First Posted: 10-22-09 10:40 AM | Updated: 10-22-09 12:35 PM

An amendment that would prevent the government from working with contractors who denied victims of assault the right to bring their case to court is in danger of being watered down or stripped entirely from a larger defense appropriations bill.

Multiple sources have told the Huffington Post that Sen. Dan Inouye, a longtime Democrat from Hawaii, is considering removing or altering the provision, which was offered by Sen. Al Franken (D-Minn.) and passed by the Senate several weeks ago.

Inouye’s office, sources say, has been lobbied by defense contractors adamant that the language of the Franken amendment would leave them overly exposed to lawsuits and at constant risk of having contracts dry up. The Senate is considering taking out a provision known as the Title VII claim, which (if removed) would allow victims of assault or rape to bring suit against the individual perpetrator but not the contractor who employed him or her.

“The defense contractors have been storming his office,” said a source with knowledge of the situation. “Inouye either will get the amendment taken out altogether, or water it down significantly. If they water it down, they will take out the Title VII claims. This means that in discrimination cases, they will still force you into a secret forced arbitration on KBR’s (or other contractors’) own terms — with your chances of prevailing practically zero. The House seems to be very supportive of the original Franken amendment and all in line, but their hands are tied since it originated in the Senate. And since Inouye runs the show on this bill, he can easily take it out to get Republicans and the defense contractors off his back, which looks increasingly likely.”

A Democratic aide on the Hill, also with knowledge of the situation, confirmed the account, as did a source who works on defense contracting matters outside of Congress. “The contractors are putting on a full-court press on this amendment… they are all doing it,” said the latter source.

A spokesman for the Senate Committee on Appropriations said that “the committee does not comment on ongoing conference negotiations.” But another source with knowledge of the situation stressed that it was premature to say that any decision has been made. Indeed, even the Hill source said that the situation is fluid and could change before the bill is sent out of committee — likely in the next few days.

The decision on what to do with Franken’s amendment is being made in conference committee with the House of Representatives, which severely limits the number of lawmakers who can weigh in on the matter.

The second-longest-serving member of the United States Senate, Inouye is a veteran of WWII. The chairman of the Committee on Appropriations, he has received $294,900 in donations from the defense and aerospace industries over the course of his career, according to the Center for Responsive Politics.

Franken’s amendment passed the Senate on October 21, 2009 by a voting margin of 68 to 30. The 30 Republicans who opposed the provision were widely pilloried in the press. But they were actually joined in some of their concerns by the Obama administration’s Department of Defense, which worried that “enforcement would be problematic, especially in cases where privity of contract does not exist between parties within the supply chain that supports a contract.”

The White House, for its part, told HuffPost it supports the intent of the amendment and it is “working with the conferees to make sure that it is enforceable,” said spokesman Tommy Vietor.

Does Military Service Turn Young Men into Sexual Predators?

http://www.alternet.org/story/142942/

Does Military Service Turn Young Men into Sexual Predators?

By Penny Coleman, AlterNet
Posted on October 22, 2009, Printed on October 22, 2009

Every day, for four years as a West Point cadet, Tara Krause lived and worked alongside the men who had gang-raped her.

Still, she managed to graduate in 1982. She served as a field artillery officer during the Cold War and was attached to the 518th Military Intelligence Brigade during the Gulf War. In what she calls “an act of incredible self-destruction,” she married a three-tour Vietnam vet in 1985 and, for the next eight years, lived “the private hell of his PTSD.”

“Suicidal behavior, violence and degradation were common threads of daily life,” she told me. She survived only because when he put his gun to her head one day, it finally gave her the courage to flee. “Like Lot’s wife,” she says, she struggles not to look back.

It’s been almost 30 years since the rape, and Krause says she still “dance(s) the crushing daily struggle” of her own PTSD: “The nightmares, panic attacks, flashbacks, cold sweats, suicidal thoughts, zoning out, numbing all emotion and desperately avoiding triggers (reminders) — I have become a prisoner in my own home.”

Krause is rated 70 percent disabled by the Veteran’s Administration and has been in treatment at the Long Beach [Calif.] VA for the past six years.

For all the work she has done to heal her own injuries, she still has no answer for the question: “How do you get a group of Southern white teenagers, all of whom were Eagle Scouts, class presidents, scholars and athletes, to be capable of raping a classmate?”

The question deserves an answer, and not a simplistic one. A 2003 survey of female veterans from Vietnam through the Gulf War found that almost 8 in 10 had been  sexually harassed during their military service, and 30 percent had been raped.

Yet for decades, in spite of the terrible numbers, the military has managed with astonishing success to get away with responding to grievances like Krause’s with silence, or denial, or by blaming “a few bad apples.” But when individual soldiers take the blame, the system gets off the hook.

And it can be shown that the patterns of military sex crimes are old and widespread — for generations, military service has transformed large numbers of American boys into sexual predators.

So it seems reasonable to ask if perhaps there is something about military culture or training or experience that can be identified as causative, and then, perhaps, changed.

The correlation is difficult to dismiss. The majority of veterans behind bars today are there for a very specific type of crime: violence against women and children. That fact has held true since the first Bureau of Justice Statistics (BJS) surveys of veteran populations in the nation’s prisons in 1981, and there is evidence that those surveys only identified a much older problem.

The orgy of demonization, however, that both fueled and justified the disgraceful neglect of veterans in the aftermath of Vietnam makes this an especially fraught issue to take on.

But — without making any excuses for behaviors that cause irreparable harm to those who are victimized — there is little hope of change unless the tacit complicity of military institutions and culture is acknowledged. And that complicity most certainly did not begin recently.

World War II is remembered as a crucible and a coming-of-age ritual for the baby-faced boys it turned first into men and then into the “greatest generation.”

The butchery, the civilian atrocities, the summary executions, the appalling racism and the breakdown of hundreds of thousands of soldiers have been largely erased from communal memory. And so have the rapes perpetrated by American soldiers on our female enemies and allies alike.

In August and September 1944, when the fighting eased, French women were raped by their American liberators at three times the rate of civilian women in the U.S. And during the final drive through Germany in March and April 1945, more than 900 German women were raped by American soldiers, causing Gen. Dwight D. Eisenhower to issue a directive to Army commanders expressing his “grave concern” and instructing that speedy and appropriate punishments be administered.

According to Madeline Morris, the Duke University law professor and military historian who uncovered that lurid fragment of history, those numbers are almost certainly on the low side.

“Rape is particularly likely to have been undercounted because it is less serious than murder,” Morris explains, “it is reputedly the most underreported violent crime, even in the domestic context, and it was perpetrated in the ETO (European Theater of Operations) almost exclusively against non-Americans.”

Those women, especially German women, could not easily have found the courage — or the opportunity — to file complaints.

The memories of rape brought home by World War II soldiers surely changed their lives forever.

“What does rape do to the rapist?” is a question Krause has struggled with for 20 years. “Somewhere out there is that Rotarian, happy grandfather, son-done-good, solid citizen. Does he block it out, does he remember, does he feel a shred of guilt? Is it truly done with impunity?”

It is important to note that during World War II, according to Morris’ research, patterns of violent crime in the United States’ civilian population underwent sharp changes as well.

“While civilian murder and non-negligent manslaughter rates decreased 7.5 percent from prewar rates, aggravated assault rates increased substantially (19.9 percent), and forcible-rape rates increased dramatically (by more than 27 percent) above the prewar average.”

Similarly, since the wars in Iraq and Afghanistan began, BJS statistics show a 42 percent increase in reported domestic violence and a 25 percent increase in the reported incidence of rape and sexual assault.

Except for simple assault, which increased by 3 percent, the incidence of every other crime surveyed — including violent crimes overall — decreased, but once again, mirroring Morris’ World War II data, domestic violence, rape and sexual assault showed daunting increases.

The first BJS survey of incarcerated veterans found that two-thirds of those veterans had been convicted of rape or sexual assault. In military prisons as well, the report noted, “sexual assault was the most common offense for which inmates were held … accounting for nearly a full third of all military prisoners.”

That chilling aspect of soldiers’ criminal behavior held true in subsequent BJS surveys.

In 2000, veterans in state and federal prisons and local jails were twice as likely as non-veterans to be sentenced for a violent sexual crime. In the 2004 survey, 1 in 4 veterans in prison were sex offenders (1 in 3 in military prisons), compared to 1 in 10 incarcerated non-veterans.

Chris Mumola, author of the two most recent BJS reports, points out that “when sex crimes are excluded, the violent-offense incarceration rate of non-veterans is actually greater than the incarceration rate of veterans for all other offenses combined (651 per 100,000 versus 630 per 100,000).”

In fact, when sex crimes are excluded, adult male veterans are over 40 percent less likely to be in prison for a violent crime than their non-veteran counterparts. The same holds true for property crimes, drugs and public disorder — the rates are much higher rates for adult men without military experience.

“The one notable exception to this pattern,” Mumola says, “is sex assaults, including rape.”

The Veterans’ Health Administration has adopted the term military sexual trauma (MST) to refer to severe or threatening forms of sexual harassment and sexual assault sustained in military service.

Their records for 2007 show that 22.2 percent of female veterans and 1.3 percent of male vets (from all eras) who used the agency’s health services screened positive for MST. That represents a daunting increase of about 65 percent for both men and women over the agency’s 2003 data.

And the small percentage of men is somewhat misleading; the 2007 percentages translate into 45,564 women and 47,719 men whose injuries forced them to acknowledge their victimization and to seek help from the VA.

Some of that increase can perhaps be attributed to a 2005 congressional directive requiring the VA to improve its rate of screening returning soldiers for MST, but given that almost 90 percent of veterans don’t (or can’t) use VA health care services, it seems safe to assume that the actual numbers are considerably higher.

Those are just the numbers for veterans.

In 2008, the Pentagon received more than 2,900 sexual assault reports involving active-duty service members. That represents a 9 percent increase from 2007, a 26 percent increase in combat zones. Almost a third of those reports involved rape, and more than half involved aggravated sexual assault.

In a dazzling display of unapologetic spin, the increase was called “encouraging,” an indication of more reports rather than more assaults. It offered no evidence to back up that interpretation, save that the department “encourages greater reporting to hold offenders accountable for this crime.”

That seems an unlikely incentive given that only 10 percent of the 2008 complaints led to a court-martial (compared to a civilian rate of 40 percent). The rest received minor punishments, almost half were dismissed, and the report acknowledged that 90 percent of sexual assaults in the military aren’t reported at all.

Rape occurs almost twice as frequently in the military as it does among civilians, especially in wartime.

When a 2008 House Oversight and Government Reform subcommittee subpoenaed Kaye Whitley, director of the DoD’s Sexual Assault Prevention and Response Office (SAPRO), to explain what the department was doing to stop the escalating sexual violence in the military, her boss, Michael Dominguez, principal deputy undersecretary of defense for personnel and readiness, ordered her not to appear.

Only after the department was threatened with a contempt citation was Whitley made available to the committee. She then sought to reassure the members that DoD is conducting a “crusade against sexual assault,” and itemized all of the heroic measures the agency was planning to implement in the very near future — efforts that somehow, despite explicit directives and deadlines from Congress, the agency had not managed to launch at the time.

Tia Christopher, women veterans coordinator at Swords to Plowshares in San Francisco, holds Dominguez, not Whitley, responsible for flouting congressional directives.

“I heard him claim that the reason sexual assaults are so high in the military right now is the hip-hop influence. I don’t need to spell out why I found that so offensive. I fault Dominguez for not recognizing that it is a leadership issue.”

Christopher loves the military and calls it “a really beautiful machine” when it is working correctly. But she is a rape survivor, and she feels doubly betrayed by her superiors in the Navy. “They can respond to other situations, why not to sexual assault?”

Christopher was 18 when she joined the Navy, training to be a cryptologist. The night she was raped, she had been drinking.

“Underage drinking,” she notes, “is a big issue in the military. It gets you an Article 15, and it’s 100 percent guaranteed that you will be prosecuted for collateral misconduct. It is far more likely that you will get in trouble for collateral misconduct [from drinking alcohol] than for raping someone. So I destroyed all the evidence. I bleached my sheets and scrubbed myself up and didn’t come forward until two weeks later. I wanted to keep my military career, and I thought I could just get through it.

“But I saw him every day. I mustered with him. He would follow me into the chow hall and sit across from me while I ate. I stopped eating, couldn’t concentrate, started failing my courses. And I started having flashbacks, hallucinating. I thought I saw him everywhere.”

Christopher finally realized she needed help, but the female petty officer she first spoke to got her chief involved and, as the report went up the chain of command, her nightmare just got bigger.

“In my case, there were witnesses. They heard my head hit the wall in the barracks room, but they were drinking [underage], too.”

Her commanding officer promised them all immunity if they agreed to testify on her behalf, and then reneged on the deal.

“It ended up that they all got in trouble, and [her rapist] got off.” (In 2006, Christopher’s attacker was expelled from the military for another rape.)

“The last few months that I was in the service, I was assigned to X Division, mopping the stairs, cleaning the heads, picking hair out of the drains. It was my job to vacuum the different chief’s offices, and these sleazeballs would say things like, ‘Hey, Christopher, bend over when you’re sweeping.’ Or, ‘Hey Christopher, let me see them titties.’ When you come forward about a rape, basically you are just a slut.”

Christopher left the military in 2001, and it took her a long time to get her life back together. She still has panic attacks, flashbacks, trouble sleeping. But, with help from a women’s psychotherapy group at the Seattle VA, and the rich support from sympathetic colleagues at Swords to Plowshares, she has developed a lot of coping skills.

After seven years, and some good therapy, she feels strong enough to manage her advocacy and policy work.

“I’ve testified before the California state Legislature, and I was invited to testify before Congress. I speak out about MST as much as I do so other women don’t have to. This is not just my job. There is no way I would ever give my clients to the media. I remember what it was like, being fresh out of the service and going through that trauma.”

Lisa Pellerin, who has facilitated sex-offender programs for the New York State Department of Corrections for six years, believes that “everyone has the potential to be a sex offender. It depends on how they have been conditioned. When they are in the military, supporting the brotherhood is the most important thing. Soldiers do what they feel they have to do because they don’t want to be seen as weak or unable to perform.

“Sexual abuse has always been about power and control. If you are exposed and desensitized to certain sexual behaviors, they become normalized.”

One of the most basic conditioning strategies military training uses to destabilize a recruit’s inherent disinclination to kill is the inculcation of a dehumanized enemy. Soldiers are taught that “we” are the good guys; “they” are the “others.” “They” are easier to kill because they are not us. They are also easier to despise. “Others” — the nips, the gooks, the hajis — come and go, but ever reliable and constant is “the girl.”

Even in this new 20 percent female military, misogynist marching rhymes (aka jodies) are still used, and drill instructors still shame recruits with taunts of pussy or sissy, faggot or girl. Patty McCann, who signed up with the Illinois National Guard when she was 17 and deployed to Iraq when she was 20, still feels betrayed when she remembers her drill sergeant yelling, “Does your pussy hurt?” and “Do you need a tampon?”

A culture that encourages violence and misogyny, says Helen Benedict, attracts a disproportionate number of sexually violent men: half of male recruits enlist to escape abusive families, a history that is often predictive of an abuser.

But whatever attracts them, and wherever they come from, this is about a system plagued by rot, and not about a few bad apples. American veterans embody the inevitable, predictable blowback from that rotten system.

It is both unjust and disingenuous to focus on what our soldiers have become without talking about what we have become: A society that romanticizes its warriors, demonizes its veterans and devalues its women.

“Did I serve my full enlistment?” Christopher says. “No. But that’s because some shitbag sailor who shouldn’t have been wearing the uniform came into my life. Why is that my issue?

“This is a leadership issue.”

Penny Coleman is the widow of a Vietnam veteran who took his own life after coming home. Her book Flashback: Posttraumatic Stress Disorder, Suicide and the Lessons of War was released on Memorial Day 2006. Her Web site is Flashback.

Military rape awareness week

http://www.opednews.com/articles/Military-Rape-Awarness-Wee-by-Elaine-Brower-091013-340.html

October 13, 2009 at 16:05:25

Military Rape Awarness Week Starts At Times Sq. Recruiting Station

By Elaine Brower

To kick-off a weeklong list of nationwide events aimed at educating the public about recent reports that one in three women in the military are raped, Veterans for Peace, the sponsor of this campaign, along with activists from local New York city area groups descended upon the Times Square Recruiting Station in Manhattan. A press conference was conducted by retired US Army Col. Ann Wright, where media attention on this topic was quite impressive. The cameras and reporters swarmed Col. Wright as she began to make her statements. She said, “It is a responsibility of us as veterans to warn young women that according to Veterans Administration studies, one in three women are sexually assaulted or raped while they are in the military.”

Staff Sgt. Sandra Lee of the US Army Reserves was there to speak out for the first time about the fact that she was raped twice while in a combat duty station in Iraq in 2005. She was physically, emotionally and mentally upset to recount her abuse in the military by a member of her own unit. She stood, supported by Ann Wright and Eve Ensler, author and playwright of the “Vagina Monologues and V-Day”, recounting the details of how she survived her ordeal to come forward today in front of cameras standing in Times Square.

VFP chapters will have actions during the entire week from October 13th to the 16th at Armed Forces recruiting stations around the Country to demand that military recruiters alert women who are thinking about joining the military about the high possibility they will be raped while in the controlled, highly disciplined military environment. Sexual assault and rape of women and men in the US military increased so dramatically during the wars in Iraq and Afghanistan that in 2005 then Secretary of Defense Donald Rumsfeld formed a task force on sexual assault; however, the task force did not meet until 2008. Nearly one-third of a nationwide sample of women veterans who sought health care through the Veterans Administration said they experience rape or attempted rape during their service. Of that group, 37 percent said they were raped multiple times and 14 percent reported they were gang-raped. The Department of Defense has been reluctant to release statistics on sexual assault of men in the military, but anecdotal evidence indicates that the statistics are alarmingly high. Over the past 10 years, more than 700 US Army Recruiters have been accused of sexual misconduct or rape. Sixty years of US military studies and task forces since women began entering the military in larger numbers have not lessened the incidents of assault and rape.

Also speaking at the rally and press conference was Leah Bolger, National Vice-President of Veterans for Peace. She stated that although she was not herself a victim while she served 20 years in the US Navy as an officer, she had witnessed abuse inflicted on others under her command. After, about 50 activists marched upon the Times Square Recruiting Station, holding signs announcing “STOP RAPE IN THE MILITARY!” and bumper stickers stating that “1 in 3 women are raped in the military”, which they planned to paste on the windows of the target building. But this proved unsuccessful since there was a media event surrounding the area, and although Col. Wright demanded access to the recruiting station building, none was granted. The march was spirited and angry, and continued around the island positioned on 47th and Broadway.

For more information please visit:

Recruiter Sexual Abuse: Friendly Fire at Home?: http://www.alternet.org/story/57378/

Pentagon Acts to crack Down on Recruiter Misconduct:

http://www.boston.com/news/nation/washinton/articles/2007/03/19/pentagon_acts_to

http://www.nytimes.com/2007/03/18/magazine/18cover.html?ref=magazine

Amy Goodman, “The Private War of Women Soldiers: Female Vet, Soldier speak Out on rising Sexual Assault Within US Military: http://www.democracynow.org/article.pl?sid=07/03/08/1443232

www.elainebrower.com

Anti-war activist, mother of U.S. Marine currently on his way to Iraq for a 3rd tour of duty; member of Steering Committee for the “World Can’t Wait, Drive Out the Bush Regime” and Military Families Speak Out.

A win for war resisters! Watada finally getting out

Ehren Watada was the first officer to refuse orders to deploy to the war in Iraq.  His decision was based on his conclusion that the war in Iraq was illegal under international law and the U.S. Constitution and his oath as an officer he had a duty to disobey an unlawful order.  The court martial essentially put the war on trial, which was what the military judge bent over backwards to prevent, basically denying Watada a defense.  When the prosecution expert witness began to support the defense argument under cross examination, the judge declared a mistrial, in violation of double jeopardy.   It is a big win for all military resisters.

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Posted on: Saturday, September 26, 2009

Army to discharge Hawaii soldier who took stand against Iraq war

By Michael Tsai
Advertiser Staff Writer

Ehren Watada’s transformation from U.S. Army officer to internationally celebrated (and vilified) war resistor to private citizen is nearly complete.

First Lieutenant Watada, the first commissioned officer to publicly refuse deployment to Iraq, is being allowed to resign from the Army following a high-profile, three-year legal battle that included unsuccessful attempts by the Army to court martial him.

According to Watada’s Washington-based attorney, Kenneth Kagan, the Army will grant Watada a discharge “under other than honorable conditions.”

Watada, who holds a desk job at Fort Lewis in Washington state, will officially complete his service on Friday, Kagan said.

“I’m very happy, obviously,” said Watada’s father, retired Campaign Spending Commission executive director Bob Watada. “I’ve supported him from the beginning.”

The Kalani High School graduate came to national and international attention in 2006 when he refused to deploy to Iraq, arguing that the United States’ 2003 invasion of Iraq and subsequent occupation of the country were violations of international law and that his participation would constitute participation in a war crime.

Watada offered to deploy instead to Afghanistan but was denied.

Watada’s stand underscored vigorous and heated debate about the war at a time when U.S. citizens increasingly defined themselves in relation to political and philosophical positions for or against the Bush administration and its post-9/11 policies.
mixed opinions

While anti-war activists and other liberal interests hailed Watada as a man of conscience and principle, many conservatives and some affiliated with the military condemned him as a coward and a traitor.

Kagan said the truth, as always, is more complex.

“There are very few instances in which a commissioned officer has refused a deployment because his involvement would constitute participation in an action that is in violation of international law and the commission of a war crime,” Kagan said.

“What’s striking is that (Watada) was not an evangelist for his point of view. He did not try to proselytize to his fellow soldiers and officers, and he did not criticize or condemn those who chose to deploy. He never claimed to be a pacifist or conscientious objector. He took a principled stand that the invasion and occupation were violations of international laws.”

Watada was tried in military court in February 2007 for “missing movement” and “conduct unbecoming an officer and a gentleman” (related to comments Watada made regarding the Bush administration and the war in Iraq). The proceedings ended in a mistrial after the court held that it did not have the jurisdiction to rule on Watada’s claim that U.S. military action in Iraq violated international law.

double jeopardy

Watada’s legal team successfully pre-empted a second court-martial attempt by arguing “double jeopardy,” a legal restriction preventing a person from being tried twice for the same offense.

U.S. District Court Judge Benjamin Settle issued an injunction preventing Watada from being retried on three of the five counts against him; he deferred judgment on the two remaining counts related to “conduct unbecoming an officer and a gentleman.”

On May 7, the Army announced that it would not seek to retry Watada on the original three counts of missing movement, but retained the option of trying him on the remaining two counts.

Watada submitted his resignation during the summer and received notice last week that the Army had accepted it. He had attempted to resign twice before (once before his refusal to deploy and once after) but had been denied.

Kagan said other alternatives, such as administrative separation, could have taken up to a year and a half to complete.

“When the Army realized they could not beat him in court, they threw up their hands and looked for some way to handle the situation quickly and quietly,” Kagan said.

Kagan said discharging Watada “under other than honorable conditions” was a “face-saving device” for the Army.

“It’s a way of them getting the last negative word,” Kagan said. “But (Watada) never saw the inside of a jail cell and was never court-martialed.”

Kagan said Watada’s only regret is that he was not able to present his case in open court.

Reach Michael Tsai at mtsai@honoluluadvertiser.com.

Source: http://www.honoluluadvertiser.com/article/20090926/NEWS08/909260338/Army+to+discharge+Hawaii+soldier+who+took+stand+against+Iraq+war