Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: NYC Republican
Maybe, maybe not. We'll see in her court martial. If she's lying, it will come out. If not, we'll learn who gave her the orders.
14 posted on 05/12/2004 7:32:50 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: CatoRenasci
509. Defense of Superior Orders

a. The fact that the law of war has been violated pursuant to an order of a superior authority, whether military or civil, does not deprive the act in question of its character as a war crime, nor does it constitute a defense in the trial of an accused individual, unless he did not know and could not reasonably have been expected to know that the act was unlawful. In all cases where the order is held not to constitute a defense to an allegation of war crime, the fact that the individual was acting pursuant to orders may be considered in mitigation of punishment.

b. In considering the question of whether a superior order constitutes a valid defense, the court shall take into consideration the fact that obedience to lawful military orders is the duty of every member of the armed forces; that the latter cannot be expected, in conditions of war discipline, to weigh scrupulously the legal merits of the order received; that certain rules of warfare may be controversial; or that an act otherwise amounting to a war crime may be done in obedience to orders conceived as a measure of reprisal. At the same time it must be borne in mind that members of the armed forces are bound to obey only lawful orders.

It has been a number of years since my class on UCMJ, but as the Rirst Sergeant, who taught it explained, asking for written orders generally stops BS orders.

IMHO, good NCOs could have stopped this in its' tracks.

99 posted on 05/12/2004 8:38:23 AM PDT by razorback-bert
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson