Soldier sentenced for refusing to deploy to Afghanistan

In a military court case that resembled that of Lt. Ehren Watada of Fort Lewis, a Fort Hood, Tex. soldier, Spc. Victor Agosto, 24, refused orders to go to Iraq, saying he believed the war violated international law.

But whereas Watada's trial ended in a mistrial upheld by a civilian appeals court, Militarycity.com says Agosto, was sentenced Wednesday to one month in jail for refusing to deploy to Afghanistan for his beliefs that the war violates international law.


“I really had no Army way of being consistent with my conscience,” Militarycity.com reported Agosto as saying. “The courts haven’t recognized soldiers’ rights to refuse an order they believe to be illegal. ... I believe future courts will find that the Afghanistan war is illegal because it violates international law.”

Like Watada, Agosto said he did not apply for conscientious objector status because that requires opposition to all wars, and he does not believe that all war is wrong.

Like Watada, he had a reputation as a good soldier before refusing orders to deploy, and continued to work on post everyday after refusing to go.

Unlike Watada, who never was deployed to Iraq or Afghanistan, Agosto previously served a 13-month tour-of-duty in Iraq.

According to Militarycity.com, Agosto told the judge, Capt. Theresa Santos, that when he enlisted in 2005, he felt invading Iraq was wrong but that troops had a mission to complete. He said he began to oppose the wars in Iraq and Afghanistan after he served a 13-month tour in Iraq, which ended in late 2007.

Agosto reportedly cannot be discharged at a level lower than other-than-honorable conditions, basically an administrative discharge.

Agosto is expected to be discharged after completing his jail term. His lawyer, meanwhile, said he expects to appeal the decision.

Agosto reportedly called one witness to testify on his behalf, Cynthia Thomas, an Army wife for 17 years.

Thomas told the court that Agosto made a hard decision to follow his conscience although he knew he would lose his military benefits and be ostracized by his peers.

“I have not met a soldier with more integrity than Victor Agosto,” she was reported as saying. “He has served this country in a time of war with honor.”