Malcolm Kendall-Smith (born 1968/1969) is a former medical officer in the British Royal Air Force. He was born in Australia, was raised in New Zealand and has dual British-New Zealand citizenship.
He was the first British officer to face criminal charges for disobedience after challenging the legality of the war against Iraq. On 5 October 2005, he was charged with five counts of disobeying a lawful command between 1 June and 12 July 2005.
In October 2005 his solicitor, Justin Hugheston-Roberts, told the Sunday Times "He is not arguing that he is a conscientious objector. He is arguing that the war is manifestly unlawful."
Pre-trial hearing
In a statement to the court martial at a pre-trial hearing in Aldershot, on 15 March 2006, Kendall-Smith said: "I am a leader. I am not a mere follower to whom no moral responsibility can be attached."
Philip Sapsford, QC, defending, told the court martial: "The flight lieutenant is entitled to advance before this tribunal that the use of force in Iraq was unlawful in international law," essentially reasoning that Kendall-Smith should be allowed to argue that any participation in the war effort was therefore unlawful. A ruling on 22 March 2006, by the judge advocate Jack Bayliss, concurred.
Court-martial
A court-martial in Aldershot sat from 11 to 13 April 2006. Kendall-Smith was found guilty on all five charges of disobeying orders, and sentenced to a penalty of eight months in prison