I think we would all agree that a service member must not participate in random unprovoked illegitimate violence simply because he is ordered to. What I submit to you and the court is that I am convinced that the current war is exactly that. So, if there’s anything I could be guilty of, it is my beliefs. I am guilty of believing this war is illegal. I’m guilty of believing war in all forms is immoral and useless, and I am guilty of believing that as a service member I have a duty to refuse to participate in this war because it is illegal.
Here’s the kicker – then the judge spoke up (this is not a direct quote from the judge):
[Pablo’s laywer] was able to express quite clearly why she felt that the wars in Yugoslavia, in Afghanistan and Iraq were, in fact, illegal, and the judge said something to the extent: I believe the government has just proved that any service member would have reasonable cause to believe that the wars of Yugoslavia, Afghanistan, and Iraq were illegal.