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Flight Lieutenant Malcolm Kendall-Smith (b. 1968/1969) is unit medical officer with the British Royal Air Force, at RAF Kinloss in Moray.[1] He was born in Australia, raised in New Zealand and has dual British-New Zealand citizenship.[2]
He is the first British officer to face criminal charges for challenging the legality of the war against Iraq. On 5 October 2005 he was charged with five counts of disobeying a lawful command between 1 June and 12 July 2005.[1] Four of these relate to him refusing to carry out preparatory training with the final charge relating to his refusal to deploy to Iraq.[3]
In October 2005 his solicitor, Justin Hugheston-Roberts, told the Sunday Times "He is not arguing that he is a conscientious objector. He is arguing that the war is manifestly unlawful."[2]
In a statement to the court martial at a pre-trial hearing in Aldershot, on 15 March 2006, Kendall-Smith said: "I am a leader. I am not a mere follower to whom no moral responsibility can be attached."[1]
"It seems to be the thrust of your argument that the initial invasion of Iraq was unlawful, and that nothing that was done subsequently has made the presence of British forces lawful," said presiding judge Jack Bayliss. Kendall-Smith nodded.[4]
Philip Sapsford, QC, defending, told the court martial: "The flight lieutenant is entitled to advance before this tribunal that the use of force in Iraq was unlawful in international law."[1] Sapsford added that the defence team was prepared to produce expert evidence to show that UN Resolution 1546, relied upon by the UK and U.S. governments to justify the 2003 Invasion of Iraq, was no defence in international law.[3] Sapsford also said he was considering calling former SAS soldier Ben Griffin, who recently resigned because of his objections to the war, to give evidence.[3]
Prosecutors asserted that the legal questions surrounding the invasion of Iraq were irrelevant as the case should centre only around the official orders given to Kendall-Smith. A ruling by the Judge Advocate, with regard to whether Kendall-Smith can argue that the orders he disobeyed were illegal, is expected before the scheduled beginning of the full court-martial,[5] 6 April 2006.
References
- ↑ a b c d RAF officer faces trial over 'illegal war' claim. The Daily Telegraph, 16 March 2006. URL accessed on 19 March 2006.
- ↑ a b RAF officer faces jail over ‘illegal war’. The Sunday Times (UK), 16 October 2005. URL accessed on 17 October 2005.
- ↑ a b c RAF doctor faces court martial over stand on Iraq. The Independent, 15 March 2006. URL accessed on 19 March 2006.
- ↑ Airman in court for refusing to go to Iraq. Reuters, 15 March 2006. URL accessed on 19 March 2006.
- ↑ UK officer tests Iraq war illegality defense in military hearing. JURIST, 15 March 2006. URL accessed on 19 March 2006.
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