What is a soldier supposed to do if given an unlawful order?

[Feanorcurufinwe]

What procedure is a soldier supposed to follow if given an order he believes to be unlawful?

[achtung_circus]

1. Ask for it in writing?

[Feanorcurufinwe]

2. Well

let's say the order is "Kill all the men, women and children in the village". It's not an order you want to carry out, whether you have it in writing to 'cya' or not.

[freetobegay]

3. That is what seperates us from the rest

If you are given a command & you feel it is unlawful it is your duty not to follow it. Case in point the prison scandal. After rereading the uniform code of Military justice evryone is guilty!

I think this pretty much says it all.

"893. ART. 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct."

[tabasco]

4. First, clarify the order. Make sure no misunderstanding.

Second, inform the superior that you think it's an illegal order.
Third, refuse to obey.
Fourth, notify JAG or the next higher commander.

- In some circumstances, soldiers might just inform CID or the next higher commander when they become aware of crimes. That's what happened at Abu prison.

[prole_for_peace]

5. "i was ordered to do it" is no excuse...

if that order is unlawful. the old "just following orders" defense does not work.

[JohnOneillsMemory]

6. What to do with no legitimate Commander in Chief? Every order is illegal!

I'm about to work with singers hired by the NAACP for an event in Wash. DC that will pay tribute to African Americans who distinguish themselves in the US military.

I'm horrified and trying to figure out if this is how I want to pay my rent.

I totally support the NAACP and totally abhor the US military.
I think being an African American in the US military is like being a Jew in the Gestapo.

How the hell do I resolve these issues? Not pay rent? How to have my conscience and my dinner without the former being the latter...

[Steven_S]

7. My knowledge is outdated, but FWIW....

You have to make a statement such as:

With all due respect, sir, I believe that you have just given me an unlawful order, and I respectfully decline to obey it.

That statement gives the officer a chance to clarify or belay the order, and gives you a chance at not being disciplined for insubordination.

[frankly_fedup2]

8. I think they are suppose to go to a

higher ranking officer. Of course, the orders may have come from a higher ranking officer then they had there.

One of the things that bothers me is the "group sex" between the soldiers (what were they trying to get the prisoners to confess there), and the picture of the dead man packed in ice in a zipped up bag, and then those two soldiers bending over with their thumbs up and smiling over his dead body?

It seems to me that some of those involved, had obviously gone over the deep end or never had a conscience to begin with.

We will never know the truth. Just like with everything else the American people want to know about 911. This is a short play they are displaying for the American People to shut us up. They are not going to answer the questions we REALLY want to hear.