Mistake in Military Court

In forbidding an Illegal War defense for war critic Lt. Ehren Watada USA, a military judge stated that whether the Iraq War is illegal is a political, not a judicial, question. But that’s simply not correct. Whether war happens is a political question. Legality is ALWAYS a judicial question, THE judicial question. His lawyer is right: If a “military court” isn’t free to rule on legality, it’s not a court at all…just another arm of the imperial ‘unitary executive’! It renders “military justice” just another one of those Army oxymorons.

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