Court martial underway for another Ft. Hood Afghanistan deployment refuser

By Dahr Jamail, Truthout. August 12, 2009

Sgt. Travis Bishop, who served 14 months in Baghdad with the 3rd Signal Brigade, faces a court-martial this Friday for refusing to deploy to Afghanistan. Bishop is the second soldier from Fort Hood in as may weeks to be tried by the military for his stand against an occupation he believes is “illegal.” He insists that it would be unethical for him to deploy to support an occupation he opposes on both moral and legal grounds and he has filed for conscientious objector (CO) status.

Spc. Victor Agosto was court-martialed last week for his refusal to deploy to Afghanistan. Agosto’s lawyer, James Branum, who is also Bishop’s lawyer, is the legal adviser to the GI Rights Hotline of Oklahoma and co-chair of the Military Law Task Force. Branum told Truthout during a phone interview on July 10 that, contrary to mainstream opinion that believes Afghanistan to be a “justified” war, the invasion and ongoing occupation are actually in violation of the US Constitution and international law.

“Victor is approaching this from the standpoint of law and ethics,” Branum explained, “It’s his own personal ethics and principles of the Nuremberg Principles, that the war in Afghanistan does not meet the criteria for lawful war under the UN Charter, which says that member nations who joined the UN, as did the US, should give up war forever, aside from two exceptions: that the war is in self-defense and that the use of force was authorized by the UN Security Council. The nation of Afghanistan did not attack the United States. The Taliban may have, but the nation and people of Afghanistan did not. And under US law, the Supremacy Clause of the US Constitution, any treaty enacted by the US is now the ‘supreme law of the land.’ So when the United States signed the UN Charter, we made that our law as well.”

Bishop told Truthout he was inspired by Agosto’s stand and had chosen to follow Specialist Agosto’s example of refusal. Both his time in Iraq, the illegality of the occupation and a moral awakening led to his decision to refuse to deploy.

“I started to see a big difference between our reality there and what was in the news,” Bishop explained to Truthout about his experience in Iraq, but went on to add that morality and religion played a role as well.

When he received orders to deploy to Afghanistan, Bishop said, “I started reading my Bible to get right with my creator before going. Through my reading I realized all this goes against what Jesus taught and what all true Christians should believe. I had a religious transformation, and realized that all war is wrong.”

Bishop received his orders to deploy to Afghanistan in February, but at the time “didn’t know there was a support network or a way out at all. I thought GI resistance was something archaic from Vietnam.”


Sgt. Bishop at the Under the Hood cafe

As his deployment date approached, he met with other soldiers at a GI resistance cafe, “Under the Hood”, in Killeen, Texas.

“They told me not only do I have a choice, but I have a support network backing me up,” Bishop explained, “I told them my thinking, and they said that I sounded like a CO. They put me in touch with (James) Branum and when I learned from him what a CO was, I knew I couldn’t go.”

Bishop went absent without leave (AWOL) for one week the day his unit deployed, “because I didn’t have time to prepare to file for CO status. So while AWOL I prepared a statement and filled out my application for CO (status). Then I went back (to Fort Hood) with Branum and turned myself in. I never planned on staying AWOL. They gave me a barracks room and assigned me to a platoon and told me to show up to work the next day. That was it. They started the CO process, but they also started the Uniform Code of Military Justice process, and that’s where it gets shifty.”

Shortly thereafter, the military charged him with two counts of missing movement and disobeying a direct order.

Bishop, Agosto, and other resisters are not alone. In November 2007, the Pentagon revealed that between 2003 and 2007 there had been an 80 percent increase in overall desertion rates in the Army (desertion refers to soldiers who go AWOL and never intend to return to service), and Army AWOL rates from 2003 to 2006 were the highest since 1980. Between 2000 and 2006, more than 40,000 troops from all branches of the military deserted, more than half from the Army. Army desertion rates jumped by 42 percent from 2006 to 2007 alone.

“Hard Corps folks, as soon as they hear about my sentence being capped at a year, they are changing their minds already,” he said, “There’s a lot of soldiers that go just because they feel they have to go. They are driven by money and legal obligation, not patriotism. They go because they don’t want to lose their job and get in trouble. A lot of the people I talk to that are in, they feel as I do, but they say things like ‘I only have four more months, so I’ll ride it out and hope not to get stop-lossed.'”Bishop informed Truthout that morale is low among his peers in the military, whether they are pro-war or opposed to the occupations.

Spc. Michael Kern, an active duty veteran of the occupation of Iraq (where he served from March 2007 to March 2008), is also based at Fort Hood. He is currently getting treatment for traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).

Kern turned against both occupations, as he told Truthout, “Once I realized it wasn’t a war and was an occupation, and once I realized I was a terrorist to people in Iraq. It wasn’t a hard decision. My whole unit feels as I do, but are afraid to speak out because they don’t know there is support for those of us who speak out against the war.”

Kern, like Bishop, says that troop morale is very low.

“I’d say it’s at an all-time low – mostly because of Afghanistan now. Nobody knows why we are at either place, and I believe the troops need to know why they are there, or we should pull out, and this is a unanimous feeling, even for folks who are pro-war.”

Kern feels that the decisions of Agosto and Bishop to refuse to deploy to Afghanistan is worthy of admiration and support.

“I admire these guys,” he told Truthout, “They are truly amazing. I wish I would have done that, but when I deployed I didn’t know what I was getting into, or my options. I look up to these guys. They are standing up for what they believe in, and that’s the greatest thing any of us can do, and they are doing it despite what the Army is doing to them.”

Kern suggests that soldiers “do your research before you willingly follow orders, because this is an unjust war, and according to Army regulations, you are entitled to question an illegal order, such as deploying to an illegal war not sanctioned by the UN. And that there is a large community of support for those who are standing up. And it’s all over the world, not just the US, wherever you are, there are people who feel the same way you do.”

In England, Lance Cpl. Joe Glenton, from the Royal Logistics Corps, has become the first British soldier to speak out publicly against the war in Afghanistan.

Glenton delivered a letter to British Prime Minister Gordon Brown on 30 July stating why he is refusing to return to Afghanistan.

Glenton wrote: “The war in Afghanistan is not reducing the terrorist risk, far from improving Afghan lives it is bringing death and devastation to their country. Britain has no business there. I do not believe that our cause in Afghanistan is just or right. I implore you, Sir, to bring our soldiers home.”

Glenton, like Agosto, and soon for Bishop, began his court-martial proceedings on 3 August.

US commanders recently announced that US and NATO troop deaths from Afghan bombings spiked six-fold in July, compared to the same month last year. In July, resistance fighters detonated the highest number of bombs against occupation forces in the eight-year occupation, according to figures released Tuesday. More US troops were killed in July in Afghanistan than any other month of the entire occupation, and violence continues.

Meanwhile, Anthony Cordesman, a senior adviser to the US military commander in charge of NATO forces in Afghanistan, Gen. Stanley McChrystal, told The Times of London that an additional 45,000 US troops are needed in Afghanistan.

Bishop hopes his refusal to deploy will inspire soldiers to search their consciences.

“My hope is that people who feel like me, that they don’t have a voice and are having doubts, I hope that this shows them that not only can you talk to someone about this, but that you actually have a choice,” he said.

“Choice is the first thing they take away from you in the military,” Bishop added, “You’re taught that you don’t have a choice. That’s not true. And not wanting to kill someone or get killed does not make you a coward. I hope my actions show this to more people.”

Dahr Jamail, an independent journalist, is the author of “The Will to Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan,” (Haymarket Books, 2009), and “Beyond the Green Zone: Dispatches From an Unembedded Journalist in Occupied Iraq,” (Haymarket Books, 2007). Jamail reported from occupied Iraq for nine months as well as from Lebanon, Syria, Jordan and Turkey over the last five years.