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In reply to the discussion: Trump Calls for Democrats Who Urged Soldiers to Disobey Illegal Orders to Be 'ARRESTED AND PUT ON TRIAL' [View all]Ponietz
(4,213 posts)35. The law is crystal clear
Under U.S. military law and international law, only lawful orders create a duty of obedience. The UCMJ (Arts. 9092) makes clear that obedience is required only for lawful commands. In U.S. v. Calley (My Lai), the court rejected following orders as a defense to obviously criminal conduct against civilians. The Nuremberg Principles go further, establishing that individuals have an affirmative duty to refuse unlawful orders and remain personally responsible for war crimes despite superior direction.
Legal Authority
Core Principle UCMJ Articles 90, 91, 92 Service members must obey lawful orders; there is no duty to obey unlawful orders.
United States v. Calley (My Lai) I was just following orders is not a defense to manifestly illegal acts such as murdering civilians.
Nuremberg Principles (PostWWII) Individuals have a duty to refuse unlawful commands; superior orders do not erase personal responsibility for war crimes.
Legal Authority
Core Principle UCMJ Articles 90, 91, 92 Service members must obey lawful orders; there is no duty to obey unlawful orders.
United States v. Calley (My Lai) I was just following orders is not a defense to manifestly illegal acts such as murdering civilians.
Nuremberg Principles (PostWWII) Individuals have a duty to refuse unlawful commands; superior orders do not erase personal responsibility for war crimes.
A sane American
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Trump Calls for Democrats Who Urged Soldiers to Disobey Illegal Orders to Be 'ARRESTED AND PUT ON TRIAL' [View all]
Mr. Sparkle
Nov 20
OP
The First Amendment made simple historical sedition--basically criticizing or opposing the government in any way--a...
Ol Janx Spirit
Nov 20
#10
That's like going back in time and killing your own grandfather.... But it does seem...
Ol Janx Spirit
Nov 20
#32
Now let's see if AG Blondi tries to charge these Democrats with Sedition.
MarineCombatEngineer
Nov 20
#14
Dem leaders just said Trump's call for execution of Dems has prompted them to contact US Capitol Police
LetMyPeopleVote
Nov 20
#16
MaddowBlog-White House targets Democratic veterans who told troops to refuse illegal orders
LetMyPeopleVote
Nov 20
#18
He pretty much says that every day about something now, everyone has to be arrested!
tonekat
Nov 20
#23
As every accusation is a confession with this sick fuck, he's just confirming to the world
Gaugamela
Nov 20
#26
Die, Beast, Die! Didn't we used to say this is the pot calling the kettle black? nt
slightlv
Nov 20
#30
Can we use the Hitler name yet MSM? Nah...better wait for Trump to really do something outrageous.
Bengus81
Nov 20
#37
He calls their reminding servicemembers to obey the Constitution and the UCMJ treason while he works for Russia?
ChicagoTeamster
Nov 20
#40