Bermudians Against the Draft (B.A.D.) is a joint action group established in the British Overseas Territory

British overseas territories

The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...

 of Bermuda

Bermuda

Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...

 to challenge the legality of conscription

Conscription

Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...

 based on principles of natural justice and judicial review

Judicial review

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

.

B.A.D. was formed in 2006 in response to mounting evidence that military officials in the Bermuda Defence Department and the Bermuda Regiment

Bermuda Regiment

The Bermuda Regiment is the home defence unit of the British Overseas Territory of Bermuda. It is a single territorial infantry battalion that was formed by the amalgamation in 1965 of two originally voluntary units, the all white Bermuda Volunteer Rifle Corps and the mostly black Bermuda Militia...

 have systematically abused their statutory powers of recruitment, mobilization and enforcement of its internal security obligations to the British Crown.

B.A.D. has defined a unique moment in the global conscientious objector

Conscientious objector

A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....

 movement by enabling philosophical or political dissent to the draft to become a sufficient grounds for deferral of military service.

This civil disobedience strategy was driven by the 2% doctrine espoused by renowned pacifist, Albert Einstein

Albert Einstein

Albert Einstein was a German-born theoretical physicist who developed the theory of general relativity, effecting a revolution in physics. For this achievement, Einstein is often regarded as the father of modern physics and one of the most prolific intellects in human history...

, who claimed that:

• 'In countries where conscription exists, the true pacifist must refuse military duty. In countries where compulsory military service does not exist, true pacifists must publicly declare that they will not take up arms in any circumstances.... The timid may say, "What's the use? We'll be sent to prison." To them I say: even if only two per cent announced their refusal to fight, governments would be powerless - they would not dare send such a huge number to prison.' (Albert Einstein
  Albert Einstein
  Albert Einstein was a German-born theoretical physicist who developed the theory of general relativity, effecting a revolution in physics. For this achievement, Einstein is often regarded as the father of modern physics and one of the most prolific intellects in human history...
  
  , 1930)

In accordance with this concept, B.A.D. has effectively organized some 14 complainants out of a total battalion of approximately 530 infantry conscripts to be deferred from military service, pending the outcome of a civil case questioning the legitimacy of conscription

Conscription

Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...

 within the only land force under the British Crown to continue the draft.

B.A.D. has gained support from British Member of Parliament Andrew MacKinlay for Thurrock who, in his capacity as a Government Backbencher who sits on the Foreign Affairs Committee, has challenged the British Government to justify its support for Bermuda

Bermuda

Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...

's conscription regime.

The Supreme Court case that will adjudicate the legality of conscription is scheduled to commence on February 25, 2008 and will herald an unprecedented investigation of the traditionally conservative relationship between the United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and Bermuda

Bermuda

Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...

, its oldest and most populated remaining colony.

In 2010 a ruling by the Privy Council in the UK went against the case of B.A.D. and upheld the laws of conscription in Bermuda.

Complainants

• Larry Marshall, Jr.
• Lamont Marshall
• Jamel Hardtman
• Shaki Easton
• Haroon Wendell Charon Eve
• (Others who have reserved their names out of concern for personal privacy)

Defendants

• His Excellency the Governor of Bermuda
  Governor of Bermuda
  The Governor of Bermuda is the representative of the British monarch in the British overseas territory of Bermuda. The Governor is appointed by the monarch on the advice of the British government...
  
  
• The Deputy Governor of Bermuda
• The Attorney General of Bermuda
• The Commanding Officer of the Bermuda Regiment
  Bermuda Regiment
  The Bermuda Regiment is the home defence unit of the British Overseas Territory of Bermuda. It is a single territorial infantry battalion that was formed by the amalgamation in 1965 of two originally voluntary units, the all white Bermuda Volunteer Rifle Corps and the mostly black Bermuda Militia...
  
  

Alliances

• Draft Resisters International
• Peace Pledge Union
• War Resistance International
• Antislavery International

External links

• Bermudians Against the Draft
• Written Submission by Rev. Larry Marshall Sr. (co-founder of B.A.D.) to the UK Foreign & Commonwealth Office
• Royal Gazette article: Battle against the draft
• Royal Gazette article: Conscription gets its day in court
• Attorney Blog: A 21st century form of slavery
• Disloyal Opposition (Anti-draft Blog by JD Tuccile): 21st Century Slavery