Mr. Kyle has now joined Navy in paragraph 7.
You might want to go back re-read the entire post. I was trained to that "following orders" is not a defense and that a soldier has an obligation disobey orders that are direct him to commit war crimes. I simply didn't think it was very good training that would prepare a soldier for a real situation. The reality is that the soldier would be given the order by his superior and he will be given more than a little flack if he doesn't carry them out, regardless of their legality. And, of course, the soldiers who are given the orders will be informed that it's an illegal order, I'm sure.
What would you have done if you were ordered to water board a "terrrorist" detainee? Those who were ordered to do so were told that that water boarding isn't torture and that White House attorneys like Alberto Gonzales, John Yoo and Jay Bybee said so.
I'm not interested in prosecuting the actual torturers. I want the bastards who ordered to them to do it; I want Bush, Cheney, Rumsfeld and the rest who concocted the who plan; and I want the shysters who vetted the methods used under the label "enhanced interrogation techniques." If the Cheney or Rumsfeld would have asked, they would have vetted the rack or the iron maiden.