Citizens for Pablo
Conscientious Objector gains small victory in defeat "Paredes' lawyer, Jeremy Warren, called Prof. Marjorie Cohn as an expert witness on international law. Cohn testified that the war in Iraq is illegal because it meets neither of the two standards incorporated into the United Nations Charter. The two standards are self-defense, collective or individual, and authorization by the Security Council. The U.N. Charter has been ratified by Congress and, thus, is the 'law of the land,' Cohn testified. She testified further that the overwhelming preponderance of opinion among international law experts is that the war in Iraq is illegal.
During a lengthy and testy cross-examination, Cohn was repeatedly asked by the prosecutor whether it was her opinion that 'any seaman recruit' could decide for themselves whether such wars as Yugoslavia, Afghanistan and Iraq were illegal and, thus, have a duty not to serve in them. Cohn responded that none of those wars met either of the standards in the U.N. Charter that would confer legality upon them, and, so, were illegal. Since they were illegal under the Charter ratified by Congress, participation in them would constitute a violation of the 'law of the land.'
At the conclusion of Cohn's testimony, the judge, exasperated by the prosecutor's efforts, said, 'I think the government has successfully proved that any seaman recruit has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal.
Paredes' supporters in the courtroom were astounded at the judge's remarks and left the courtroom elated."