Leading Americans Ask U.S. Military to Refuse to Attack Iran

The letter has been posted as a petition for others to sign at http://www.dontattackiran.org

The text of the letter follows:

ATTENTION: Joint Chiefs of Staff and all U.S. Military Personnel:

Do not attack Iran.
Any preemptive U.S. attack on Iran would be illegal.
Any preemptive U.S. attack on Iran would be criminal.

We, the citizens of the United States, respectfully urge you, courageous men and women of our military, to refuse any order to preemptively attack Iran, a nation that represents no serious or immediate threat to the United States. To attack Iran, a sovereign nation of 70-million people, would be a crime of the highest magnitude.

Legal basis for our Request – Do not attack Iran:

The Nuremberg Principles, which are part of US law, provide that all military personnel have the obligation not to obey illegal orders. The Army Field Manual 27-10, sec. 609 and UCMJ, art. 92, incorporate this principle. Article 92 says: "A general order or regulation is lawful unless it is contrary to the Constitution, the law of the United States …"

Any provision of an international treaty ratified by the United States becomes the law of the United States. The United States is a party and signatory to the United Nations Charter, of which Article II, Section 4 states, "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state…" As Iran has not attacked the United States, and as the U.S. is a party and signatory to the Charter, any attack on Iran by the U.S. would be illegal under not only international law but under the U.S. Constitution which recognizes our treaties as the Supreme Law of the Land. When you joined the military, you took an oath to defend our Constitution.

Following the orders of your government or superior does not relieve you from responsibility under international law. Under the Principles of International Law recognized in the Charter of the Nuremberg Tribunal, complicity in the commission of war crime is a crime under international law.

Background:

The Bush Administration's charges against Iran have not been proven. Neither the development of nuclear weapons, nor providing assistance to Iraq would, if proven, constitute justification for an illegal war.

An attack on Iran might prompt the formidable Iranian military to attack U.S. troops stationed in Iraq. Thousands of our soldiers might be killed or captured as prisoners of war. A U.S. attack against Iranian nuclear facilities could also mean the deaths, from radiation poisoning, of tens of thousands of innocent Iranian civilians. The people of Iran have little control over their government, yet would suffer tremendously should the U.S. attack. Bombing raids would amount to collective punishment, a violation of the Geneva Convention, and would surely sow the seeds of hatred for generations to come. Children make up a quarter of Iran's population.

Above all, we ask you to look at the record of our actions in Iraq, which U.S. intelligence admits is “a cause celebre for jihadists” – a situation that did not exist before we attacked. We must face the fact that our rash use of military solutions has created more enemies, and made American families less safe. Diplomacy, not war, is the answer.

Know the Risks Involved in Refusing an Illegal Order or Signing This Statement:

We knowingly and willingly make this plea, aware of the risk that, in violation of our First Amendment rights, we could be charged under remaining sections of the unconstitutional Espionage Act or other unconstitutional statute, and that we could be fined, imprisoned, or barred from government employment.