Revise the law on conscientious objection Commentary
Revise the law on conscientious objection
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David Miner [attorney for US Army Sgt. Ricky Clousing, an Iraq war objector who recently pleaded guilty to going AWOL]: "A growing number of soldiers question whether they can honorably serve in support of the war in Iraq. My client Ricky Clousing confronted this question after a five month deployment to Iraq ending in April 2005. In June of 2005, Ricky left his Fort Bragg unit after experiencing a 'crisis of conscience' stirred by his time in Iraq with the 82nd Airborne Division. Last week, under a plea agreement, Ricky Clousing pleaded guilty to absence without leave. During sentencing proceedings, Ricky offered his personal observations of deliberate and systemic abuse perpetrated by U.S. troops as the reason for his unauthorized absence. The military judge, operating within a unique feature of military justice, returned a sentence of 11 months of confinement, before referencing the plea agreement term that restricted the general from approving any confinement in excess of 3 months.

As illustrated by these divergent numbers, the Army faced a dilemma in this case. It seeks to instill the "Army values" of integrity, honesty and personal moral courage. Ricky exemplified these values during his time in Iraq by reporting the abuses he witnessed. In his conclusion that the war and occupation conflicted with his moral beliefs and required separation from the military, Ricky applied "Army values" to the disapproval of the Army. Ricky faced the stark choice to violate his conscience or violate the law. He could not apply for conscientious objector status because he could not honestly state he was opposed to participation in all wars.

The solution to the dilemma Ricky and the Army faced is a law that permits conscientious objection to a particular war. A democratic society should allow its soldiers freedom of conscience. Soldiers who volunteer to defend our freedom of conscience should not be required to forfeit their own consciences upon enlistment. This proposal would not likely have significant adverse effects upon the military's mission. But if such a law would limit our government's ability to engage in wars of choice, it would be valuable not just for Ricky, but for our nation as a whole."

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