Court-martial of Howard Levy

Last updated
Howard B. Levy
Howard Levy in Handcuffs.png
Levy being led from courtroom after sentencing
Born
Howard Brett Levy

(1937-04-10) April 10, 1937 (age 86)
EducationGraduated from New York University in 1957, MD at SUNY Downstate College of Medicine (1961), interned at Maimonides Medical Center
Occupations
  • Dermatologist
  • activist

The court-martial of Howard Levy occurred in 1967. Howard Levy (born April 10, 1937) was a United States Army doctor who became an early resister to the Vietnam War. [2] In 1967, he was court-martialed at Fort Jackson, South Carolina, for refusing an order to train Green Beret medics on their way to Vietnam. He said it "became clear to me that the Army [was using medics] to 'win hearts and minds' in Vietnamese villages - while still burning them to the ground in search-and-destroy missions." [3] He considered the Special Forces (Green Berets) "killers of peasants and murderers of women and children". [4]

Contents

Early life and education

Howard B. Levy grew up in Brooklyn, New York, the son of a salesman. He went to New Utrecht High School and then New York University. He got his medical training at the SUNY Downstate College of Medicine (1961) and interned at the Maimonides Medical Center. He was commissioned as a reserve officer in the Army Medical Corps in 1962, but was deferred until the end of his medical residency in July 1965, at which time he was sent directly to Fort Jackson. [5]

Court-martial, Nuremberg Defense and appeals

A noteworthy aspect of this case was that Levy's attorney, Charles Morgan Jr., raised the Nuremberg Defense, arguing that U.S. troops were committing war crimes in Vietnam and that American soldiers could lawfully refuse to obey orders related to Vietnam service. [6] The Nuremberg trials of Nazi Leaders, which took place after World War II, held that soldiers involved in war crimes could be held liable even though under orders from a superior. [7] A lesser known aspect of the case was that Levy "urged black enlisted men to refuse to serve in Vietnam because 'they are discriminated against and denied their freedom in the United States, and . . . discriminated against in Vietnam by being given all the hazardous duty and they are suffering the majority of casualties.'" [8]

Levy's defense became national news and a cause célèbre among opponents of the Vietnam War because it was based on "both the illegality of the Vietnam War and the Nuremberg principle requiring non-participation in war crimes." [2] The military court disagreed, sentencing Levy to three years at Fort Leavenworth for "conduct unbecoming an officer and a gentleman" and disloyal statements prejudicial to "good order and discipline." [8] The court did, however, admit evidence of war crimes into testimony. The presiding law officer, Colonel Earl V Brown, surprisingly, allowed both the Nuremberg Defense and testimony in private session that Green Berets were engaged in war crimes in Vietnam. [9] Despite this, because there was no testimony that Green Beret medics were involved in criminal activity or that their medical training was being used for such activity, the evidence was ruled irrelevant and, therefore, inadmissible in open court. [10] Levy described this experience years later: "We tried to put the war on trial, but the military court said the truth is no defense." [11]

Howard Levy photo by William Short from A Matter of Conscience Howard-Levy-from-A-Matter-of-Conscience.jpg
Howard Levy photo by William Short from A Matter of Conscience

Levy was released after serving more than two years in prison, but his case continued on through the courts. [4] The first review by a Federal District Court affirmed his conviction. Then, in April 1973, The United States Court of Appeals for the Third Circuit reversed the decision on the grounds that the two key provisions of the Uniform Code of Military Justice that led to the conviction "were so vague as to be unconstitutional." [12] The very next year, on June 19, 1974, in Parker v. Levy the Supreme Court reinstated Levy’s conviction with a controversial 5-3 decision. Parker v. Levy remains the legal foundation for recognition of "military necessity" as "a weightier interest than First Amendment rights of individuals in the military." Justice William O. Douglas dissented, arguing that “Uttering one’s belief is sacrosanct under the First Amendment.” [8] After hearing about the verdict, Levy was quoted as saying: "I was unjustly court‐martialed, unjustly sentenced, ...unjustly spent two and a half years in prison, and I believe the Supreme Court ruling was unjust.” [13]

Book About Prison Life

In 1970, Levy published Going to Jail: The Political Prisoner, with fellow prisoner David Miller, about their experiences in prison. Miller had been imprisoned for 22 months for burning his draft card in protest to the draft and the war in Vietnam. According to Levy, prison taught him "that individuals acting alone cannot hope to transform a society." He emerged from his cell determined "to radically alter American society." [14]

Later career and personal reflections

In 2002, The New York Times interviewed him and found he had "no regrets" over his actions, and that he still considered the Vietnam War "criminal, senseless mayhem." For many years he had been the director of dermatology at New York City's Lincoln Medical and Mental Health Center in the Bronx. He was "still critical of America's use of military force, as in Afghanistan and possibly in Iraq." He also told the Times that "he felt an affinity with those Israeli army reservists who have said they would refuse to serve in the West Bank and Gaza Strip because of Israeli treatment of the Palestinians". [15]

See also

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The Fort Lewis Six were six U.S. Army enlisted men at the Fort Lewis Army base in the Seattle and Tacoma, Washington area who in June 1970 refused orders to the Vietnam War and were then courts-martialed. They had all applied for conscientious objector status and been turned down by the Pentagon. The Army then ordered them to report for assignment to Vietnam, which they all refused. The Army responded by charging them with "willful disobedience" which carried a maximum penalty of five years at hard labor. The six soldiers were Private First Class Manuel Perez, a Cuban refugee; Private First Class Paul A. Forest, a British citizen from Liverpool; Specialist 4 Carl M. Dix Jr. from Baltimore; Private James B. Allen from Goldsboro, North Carolina; Private First Class Lawrence Galgano from Brooklyn, New York; and Private First Class Jeffrey C. Griffith from Vaughn, Washington. According to the local GI underground newspaper at Fort Lewis, this was the largest mass refusal of direct orders to Vietnam at the base up to that point in the war. Their refusal and subsequent treatment by the Army received national press coverage.

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The GI Underground Press was an underground press movement that emerged among the United States military during the Vietnam War. These were newspapers and newsletters produced without official military approval or acceptance; often furtively distributed under the eyes of "the brass". They were overwhelmingly antiwar and most were anti-military, which tended to infuriate the military command and often resulted in swift retaliation and punishment. Mainly written by rank-and-file active duty or recently discharged GIs, AWOLs and deserters, these publications were intended for their peers and spoke the language and aired the complaints of their audience. They became an integral and powerful element of the larger antiwar, radical and revolutionary movements during those years. This is a history largely ignored and even hidden in the retelling of the U.S. military's role in the Vietnam War.

<span class="mw-page-title-main">United States Servicemen's Fund</span> American anti-war support organization

The United States Servicemen's Fund (USSF) was a support organization for soldier and sailor resistance to the Vietnam War and the U.S. military that was founded in late 1968 and continued through 1973. It was an "umbrella agency" that funded GI underground newspapers and GI Coffeehouses, as well as providing logistical support for the GI antiwar movement ranging from antiwar films and speakers to legal assistance and staff. USSF described itself as supporting a GI defined movement "to work for an end to the Viet Nam war" and "to eradicate the indoctrination and oppression that they see so clearly every day."

<span class="mw-page-title-main">Fort Dix 38</span> 38 U.S. Army soldiers accused of rioting in the Fort Dix stockade during the Vietnam War

On June 5, 1969, during the height of the Vietnam War and the soldier and sailor resistance to it, 250 men rioted in the military stockade at U.S. Army post Fort Dix located near Trenton, New Jersey. The prisoners called it a rebellion and cited grievances including overcrowding, starvation, beatings, being chained to chairs, forced confessions and participation in an unjust war. One soldier said you can only treat us "like animals for so long", while another described "unbearable circumstances". The Army initially called it a "disturbance" caused by a small number of "instigators" and "troublemakers", but soon charged 38 soldiers with riot and inciting to riot. The antiwar movement, which had been increasingly recognizing and supporting resistance to the war within the military, quickly moved to defend the rebels/rioters and those the Army singled out for punishment. On June 18, the Army announced charges against 38 soldiers for "participating in a riot", "destruction of Government property, arson and conspiracy to riot." Soon the slogan "Free the Fort Dix 38" was heard in antiwar speeches, written about in underground newspapers and leaflets, and demonstrations were planned.

References

  1. "The Encyclopedia of the Vietnam War, A Political, Social, and Military History, Second Edition 2011". ABC-CLIO. p. 655.
  2. 1 2 Cortright, David (2005). Soldiers In Revolt. Chicago: Haymarket Books. p. 52. ISBN   1931859272.
  3. Carver, Ron; Cortright, David; Doherty, Barbara, eds. (2019). Waging Peace in Vietnam: U.S. Soldiers and Veterans Who Opposed the War. Oakland, CA: New Village Press. p. 15. ISBN   9781613321072.
  4. 1 2 Reed, Roy. "Charles Morgan Jr., 78, Dies; Leading Civil Rights Lawyer", The New York Times , January 9, 2009. Accessed January 12, 2009.
  5. Langer, Elinor (1967-06-09). "The Court-Martial of Captain Levy: Medical Ethics v. Military Law". Science. 156 (3780): 1346–1350. Bibcode:1967Sci...156.1346L. doi:10.1126/science.156.3780.1346. PMID   5610111 . Retrieved 2020-03-25.
  6. Woodward, Beverly (2015). "Nuremberg Law and U.S. Courts". In Falk, Richard A. (ed.). The Vietnam War and International Law, Volume 3. Princeton University Press. pp. 477–486. ISBN   9781400868247.
  7. Bigart, Homer. "Court Martial; Levy Pleads the 'Nuremberg Defense' Complexion Changes Defense Strategy Soldier's Rights", The New York Times , May 21, 1967. Accessed January 12, 2009.
  8. 1 2 3 Richard Parker. "Parker v. Levy (1974)". The First Amendment Encyclopedia. Free Speech Center at Middle Tennessee State University. Retrieved 2020-04-01.
  9. Schoetz, David (26 January 2004). "Earl V. Brown, 86; colonel was chief military trial judge". Boston Globe. Archived from the original on 2021-11-22. Retrieved 2021-11-22.
  10. D'Amato, Anthony A. (1995). "The War Crimes Defense". International Law and Political Reality. The Hague: Martinus Nijhoff Publishers. p. 5. ISBN   9041100369.
  11. Seidenberg, Willa; Short, William (1992-10-01). A Matter of Conscience: GI Resistance During the Vietnam War. Andover, MA: Addison Gallery of American Art. p. 18. ISBN   1879886324.
  12. King Jr., Wayne (1973-04-19). "Levy, Antiwar Army Physician, Wins a Reversal of Conviction". The New York Times.
  13. Weaver Jr., Warren (1974-06-20). "Justices Uphold Levy Conviction". The New York Times.
  14. Levy, Howard; David, Miller (1970). Going to Jail: The Political Prisoner. New York, NY: Grove Press. p. vii. ISBN   0394475844.
  15. Fried, Joseph P. (2002-07-21). "Following Up: A 60's Lightning Rod, Now on History TV". The New York Times.