Reprinted from The Guardian, 04 August 2009

Lance Corporal Joe Glenton, who wrote to PM explaining refusal to fight in Afghanistan, will argue the war is illegal

A soldier who faces a court martial after refusing to fight in Afghanistan is planning to call an expert on international law to argue that the war is illegal, a military court was told today.

Joe Glenton with his wife Clare at Downing Street

Wearing combat fatigues, Glenton appeared before a judge advocate at the military court centre in Bulford camp, near Salisbury in Wiltshire, for a preliminary hearing.

Glenton spoke only to confirm his name, service number and rank but his counsel, Hugh O'Donoghue, indicated that the 27-year-old, who is now a member of the Stop the War Coalition, would deny desertion when his district court martial takes place later this year.

Expert witness

O'Donoghue said the soldier would be calling an expert on international law to argue against the legality of the operation in Afghanistan. O'Donoghue also said he wanted access to Glenton's medical records.

Glenton, from York, joined the army in 2004 but went absent without leave in 2007 after serving with the Royal Logistic Corps in Afghanistan. He handed himself in after two years and six days' absence, during which he went to south-east Asia and Australia.

Glenton told the prime minister in his letter that the army mission would fail and troops should be withdrawn from the country. He wrote: "It is my primary concern that the courage and tenacity of my fellow soldiers has become a tool of American foreign policy.

"I believe that when British military personnel submit themselves to the service of the nation and put their bodies into harm's way, the government that sends them into battle is obliged to ensure that the cause is just and right, ie for the protection of life and liberty.

"The war in Afghanistan is not reducing the terrorist risk, far from improving Afghan lives it is bringing death and devastation to their country. Britain has no business there. I do not believe that our cause in Afghanistan is just or right. I implore you, sir, to bring our troops home."

Glenton added that Afghans showed many of the same characteristics as British soldiers, such as "robustness, humour, utter determination and unwillingness to take a step backwards".

"However it is these qualities, on both sides, which I fear will continue to cause a state of attrition. These will only lead to more heartbreak within both our societies."

He told the Guardian last week: "I just couldn't see what we had given to the country. I felt ashamed."

Very significant moment

The Stop the War Coalition has called Glenton's move a "very significant moment" in the campaign against the Afghanistan conflict.

Military prosecutor Gemma Sayer told the hearing Glenton could face a further charge, though she did not give details. She said the Royal Military Police would interview him this afternoon in connection with this second matter.

Sayer said the prosecution was not prepared to accept a plea to any lesser charge, such as absence without leave. Other members of Glenton's regiment, some of whom are currently still serving in Afghanistan and in Kuwait, are to be called as witnesses.

If convicted, Glenton faces up to two years' jail.

After the 20-minute hearing he left without commenting and returned to an army base in Oxfordshire. A Ministry of Defence source said Glenton was back under the command of his commanding officer. It would be "business as usual" for him at least until his court martial.

A further preliminary hearing will be held on 4 September.