The National Lawyers Guild (NLG) has stepped forward to support acts of civil disobedience against preemptive military action against Iraq.

In a statement issued October 3 during the height of Congressional debate on a resolution authorizing such unilateral action, the Guild declared that "Nonviolent civil disobedience in opposition to the U.S. government's illegal preemptive wars is justified by the necessity of self-defense and defense of others...

"The Guild will seek to provide legal support for individuals and groups practicing nonviolent civil disobedience regarding the 'necessity' defense, which is conduct that an actor believes to be necessary to avoid harm to himself or to another. Such behavior may be justifiable, provided that the harm sought to be avoided by such conduct is greater than the harm which the law defining the offense seeks to prevent.

"The fundamental principles of international law and democracy empower individuals to make this moral decision for themselves, regardless of the contrary actions of their leaders. U.S. government officials forfeit legitimacy and the power to enforce laws against nonviolent trespass and 'disorder' when they pursue policies that result in war crimes.

"...In this case there is ample legal necessity and justification for nonviolent resistance to these illegal and immensely destructive, murderous actions by the top officials of the U.S. government."

"The forthcoming air attacks and invasion of Iraq will kill innocent civilians, threaten international peace and security, undermine the rule of law, and create a backlash against the people of the United States.

"Under well-accepted general principles of criminal law applicable in every U.S. jurisdiction, otherwise technically illegal acts may be justified by the necessity of preventing a greater wrong or danger; a form of self-defense or defense of others.

The Guild is preparing a legal brief and supporting materials related to the necessity defense and military action against Iraq, and will distribute those materials nationally. For documents and referrals to local NLG attorneys, contact Heidi Boghosian, Director, National Lawyers Guild, National Office, 143 Madison Ave., 4th Floor, New York NY 10016, (212)679-5100.