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ドイツの裁判所がイラク戦争反対で任務拒否の兵士を支持
現役の兵士であるが、いわゆる良心的兵役拒否である。
http://www.dw-world.de/dw/article/0,1564,1625524,00.html
Court Backs Soldier's Anti-Iraq War Stance
22.06.2005
A German court ruled Wednesday that a soldier, who refused to follow orders
because he did not want to support the US-led war in Iraq, had every right
to do so.
Judges at Germany's Federal Administrative Court said that members of the
military could not be forced to comply with orders that go against their
conscience.
The court added that the constitutionally guaranteed freedom of conscience
also applied to soldiers in active service.
"The court found that the fundamental right to freedom of conscience ...
cannot be superseded by an order," it said in a statement summarizing the
ruling. "This order was thus invalid for the soldier. The soldier gave a
credible account of the seriousness of his moral decision."
The case in question began in April 2003, when the 48-year-old soldier, who
was not named, refused to continue working on the development of a software
program after his superiors were unable to guarantee that it would not be
used to support the US-led war in Iraq.
The soldier argued that he could not finish the work as he considered the
war to be unconstitutional and a violation of international law. He also
said that by working on updates for existing military software he would be
aiding the German participation in the war effort.
This included the fact that German troops were stationed in Kuwait as part
of the US-led "war on terror," guarded US bases in Germany to free up US
troops for Iraq, participated in NATO reconnaissance flights over Turkey and
allowed US military planes operating in Iraq to have German fly-over rights.
German law protects objectors
As a result, a military court demoted the man from the rank of major to
captain in February 2004. The soldier appealed the decision, as did the
lawyer for the military, where officials wanted the man's complete removal
from the service.
But the appellate court judges now said members of the military have to
adhere to German laws and cannot set aside basic rights guaranteed to
everyone. They reinstated his rank of major, noting that his right to reject
an order applied even if he had not filed a formal conscientious objector
application.
German law offers strong protections for soldiers who refuse to follow
orders on ethical grounds, rooted in the abuses of the Nazi past.
The German government strongly opposed the Iraq war and has steadfastly
refused to send troops to the country.
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Author DW staff / AFP (win)
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