Soldier with Conscience

CK - Washington.   In a complex ruling in the matter BVerwG 2WD 12.0-4 of June 21, 2005, the Federal Supreme Court for Administrative Law, Bundesverfassungsgericht, in Leipzig determined that (1) the U.S./U.K. war in Iraq violates international law; and (2) a German soldier's refusal orders to support that war is proper. The court explained, among other issues, that a soldier's duty to follow orders is not unlimited. The soldier's exercize of conscience deserves respect by the law, while a law that supports an illegal war does not. The soldier had refused to assist German NATO operations in support of the war which Germany based on NATO statutes that the court considered constitutional. The just published decision clarifies that the soldier's conscience and the nation's constitution require no balancing because the soldier's decision did not affect the nation's ability to pass constitutional laws. German American Law Journal :: Washington USA