I'll go to jail... But not Iraq

(The Sun, 17 October, 2005)
Court martial for RAF ace

A Scots RAF officer faces being jailed for refusing to return to Iraq because he believes that the war there is illegal.
Flight Lieutenant Malcolm Kendall-Smith is to become the first British office court-martialled for refusing to serve in the conflict.
Proceedings against the highly-decorated officer for 'refusing to obey a lawful command' are due to begin this year.
Last night a pal of the 37-year-old unit medical officer for RAF Kinloss in Merseyside revealed, "He takes the view this is worth going to prison for."
Spirit
The friend added, "Malcolm joined the RAF out of a spirit of idealism. It was good old Battle of Britain stuff - helping the good guys fight the fascists.
"When he first went to the Gulf in 2003, his awareness of the legal position was far less than it is now. He is now ion no doubt that the war is illegal."
Kendall-Smith - decorated for two previous tours in Iraq - was suspended on full pay of around £40,000 a year after being quizzed by Royal Military Police in June. He was charged on October 5.
The defence case Kendall-Smith is putting together is set to hinge on the RAF law that a serving officer is justified in refusing to obey a command if it is illegal.
Lawyers will argue his commission requires him to act under 'the rules and discipline of war'.
International experts insist that there was no legal backing for the invasion of Iraq, launched before the United Nations passed a second resolution approving force.
Under military rules, Kendall-Smith cannot comment.
His lawyer, Justin Hugheston-Roberts, said, "This is the first case of its kind involving Iraq."
The Ministry of Defence confirmed, "An RAF officer is due to appear before a general court martial."