A U.S. Army medic, on trial for refusing to wear U.N. blue with his uniform, argued Friday that it is illegal to place American peacekeepers under U.N. authority.
A victory for Spc. Michael G. New, the first American to face a court-martial for refusing to wear the U.N. shoulder patch and headgear, would strengthen the cause of U.S. lawmakers who oppose increasing American involvement in U.N. operations.Even before the 22-year-old from Conroe, Texas, refused the order during an inspection parade, 40 members of the U.S. House of Representatives had written to President Clinton on New's behalf. Congressional bills were also introduced to prevent U.S. military personnel from serving under U.N. command or wearing U.N. colors.
American soldiers wearing U.N. gear have been serving in Macedonia with troops from other countries since summer 1993. Their job is to prevent the spread of fighting in the Balkans.
When the 550 members of the 1st Battalion of the 15th Infantry Regiment formed ranks for inspection on Oct. 10 at the Schweinfurt Army Base near Wuerzburg, New was the odd man out.
"Nobody else but him stood up for the U.S. Army uniform in a sea of people wearing U.N. uniforms," one of his attorneys, Ronald D. Ray, told reporters after the hearing in a military courtroom.
New's commander, Lt. Col. Steven R. Layfield, saw a different picture: a soldier out of uniform and refusing to obey an order. He offered administrative punishment, but New demanded a public hearing. The rest of the unit headed to Macedonia on Oct. 20.
New, accompanied by four attorneys, stood at his arraignment at Leighton Barracks Army Base on Friday and answered, "Yes, sir," when the military judge asked if he understood the charge of disobeying a lawful order. He did not enter a plea but watched intently as his attorneys made a series of motions demanding documents and witnesses.
If convicted, New faces maximum punishment of a bad-conduct discharge, forfeiture of pay and allowances and confinement for six months. On the advice of his attorneys, he has spoken to the press only rarely and answered no questions Friday.
Defense lawyer Henry Hamilton demanded a copy of the classified Presidential Decision Directive 25, saying it is the basis of the Army's contention that it was legal to order New to wear a U.N. uniform.
New said previously he believes it is illegal to wear a U.N. uniform or serve under U.N. authority because he swore to uphold only the U.S. Constitution and government.
Hamilton said if the Army argues New would not be under U.N. command, but under operational control of his American battalion commander in Macedonia, then the highest ranking military officer in the United States would be called as a defense witness.