Posted on 12/18/2022 2:23:33 PM PST by MtnClimber
There is a well-known requirement in the United States armed forces that all who serve in it are required to obey the orders of their superior officers. This is only common sense. No military organization could long survive if those in it could choose which orders they would obey, and which to ignore.
There is, however, an exception to this rule of obedience, and it has significant ramifications: no one is required to obey an illegal order, such as an order to clearly break the law. Indeed, there is an unofficial doctrine called the “duty to disobey.” This also is common sense. No military organization could long survive if its commanders decided which laws to follow.
Of course, in civilian employment, the employee has a contractual duty to obey his employer, but this is of a very different nature than in the military. The worst that the employer can do is to fire the employee. The employee has the option to walk away. In the armed forces, disobedience can result in court martial, with incarceration in a federal prison, up to a life sentence. In the extreme, the death penalty could be imposed. XYZ company has no such authority, of course.
One thing in common, both in the military and civilian environments, is that obedience to an illegal order can—again, common sense—subject the subordinate to the same penalty as if he had broken the law of his own accord. The most iconic example of this is the Nuremberg war crimes trials, involving genocide, in which the defendants infamously relied on the defense that they were only obeying orders. The prosecution claimed, successfully, that the defendants had a duty to disobey illegal orders. Some were put to death. The precedent has stood ever since, putting despots on notice worldwide.
(Excerpt) Read more at americanthinker.com ...
Lay down your arms. Go home.
America is no longer worth fighting for.
your right. As it was explained to us in OCS. What constitutes an illegal order will be determined at your General Court Marshal.
Yes but one phone call to the Area Defense Council (ADC) can put it on them.
Witnessed a few of those. More than once the ADC went and slapped some squadron commander for an unlawful order they or one of their subordinates had issued.
Enemies foreign and Domestic (if I recall my oath correctly).
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