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What is left out of the article is a comparative number. Desertions happen every year...during war or peace. Off hand I do not know what the average annual desertion rate was prior to the conflict in Iraq.
While it is true that a soldier is not required to carry out an "unlawful" order...the "catch 22" is...it is military superiors that decide if the order given was lawful...or not...thus if one chooses not to obey what he deems to be an "unlawful" order one must be 100% certain that the order was in fact an "unlawful" order...or their will be consequences to pay.
The statement made by the one soldiers attorney is laughable..."And anyone who says soldiers should go to jail if they don't fight in an illegal war is persecuting them."
I saw Canadian lawyers discussing this case and they agreed that the deserters would not win their case...but because of the Canadian system they probably would not be swiftly returned to the United States.
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