The 'legality' of GW2 is totally irrelevant to this case. The bottom line here is that this disgrace of an individual was ordered to deploy to Basrah. There cannot possibly be anything 'illegal' about getting on an aircraft and flying into theatre. Once there, IF the war was illegal, and IF he recieved orders to partake in some capacity, he may then have argued about the legality of THOSE orders, NOT the initial order to deploy (which was perfectly legal regardless of circumstance). This view is further reinforced by the fact that this chimp is a NON COMBATANT, and as such could not under any circumstances be ordered to carry out a 'crime of aggression'.
The various applicable conventions, treaties and statutes lay out specifically what constitutes 'legal' and 'illegal' orders during the conduct of warfare - simply arriving in a well-established and ongoing theatre of operations cannot possibly constitute an 'illegal act'.
If you are of the opinion that the war was 'illegal', it is just that - an OPINION, NOT a legal fact. There exists a legal justification for the war in UNSCRs 678 & 687. Some are of the OPINION that this justification may be suspect. The only body that can rule effectively on this is the UNSC - they haven't, so the justification remains. (forget the ICC - they have no jurisdiction over the USA, so any ruling from them would be largely meaningless). One could even argue that UNSCR 1546 lent some legitimacy to the view re. 678 / 687.
My point is this - until any ruling to the contrary, any opinion about the ongoing validity of 678 / 687 is simply that - an OPINION. Given the amount of political furore surrounding the issue, one can quite easily argue it is a POLITICAL OPINION. We are here to serve the Crown, not T. Blair esq. The Crown is an apolitical body, which requires us to serve with disregard to our own personal politics. This medical officer has refused a deployment on the basis of his own political opinion of the legality of the war, something he cannot justify. He will quite rightly be strung up by his b0ll0cks for it.
16B