The military court declared a mistrial claiming that Ehren Watada had stipulated to the fact that he had done the things the Army has charged him with doing but that he had pled not guilty by reason of the fact that the charges neglect to address the illegality of the orders. Watada agreed that he disobeyed the orders but claims the orders were illegal.
People are wondering what's going on with the judge's decision. The judge wouldn't allow Watada's defense that the orders were illegal because the war is illegal. Considering the stipulation, the only thing left to do was to sentence Watada. The judge could not move to that action due to the politics of the situation. A mistrial starts the whole thing over again.
The defense is hoping that double jeopardy will prevent a new trial. It won't unless the military wants to put the whole thing behind them so they won't have to deal with the issue of the illegality of the war this time.
They will hope that no other officer will try what Watada has done. In any new such case, they will not allow any stipulations that don't jibe with a not guilty plea without the defense using the illegality of the war as a defense. It's an attempt to be sneaky, but it's transparent.
They know the war is illegal. They don't want to try that in such a case.
Watada has done an amazing thing, more amazing than he probably realizes yet. This is a historical case with deep ramifications.
It will cause a back-effect that will tighten the pretexts for waging war. Watada has saved lives.
He needs to take the next step to pacifism.