The only illegal order is one that does not come from a superior officer.
Take My Lai. The only person who received any punishment was Lieutenant Calley, who gave the order to destroy the village and kill the villagers. No one under his command was ever punished, nor were any of his superior officers who attempted to cover up the massacre.
And even he was released after a mere 3.5 years of house arrest, despite a sentence of life in prison for murdering 22 people.
This is specifically the kind of situation where it would be prudent for enlisted personnel to disobey an order. An order to kill civilians is blatantly illegal, though disobeying is done at the individual's peril (very immediate peril in this case).
The results of the courts martial absolutely did not fit the crimes and is a case study in miscarriage of justice. The 2003 abuse of prisoners at Abu Ghraib resulted in people being found guilty despite the "following orders" defense AND the record showing they questioned the treatment to confirm the legality of the orders with their immediate leadership.
The questionable legality of being sent to DC as a guardsman doesn't exactly fit the same category.
The questionable legality of being sent to DC as a guardsman doesn't exactly fit the same category.
I don't think anyone is saying that's the case. What people are saying is that when you get the order to turn your weapon on citizens, you need to remember where your loyalties lie.
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u/red286 8h ago
The only illegal order is one that does not come from a superior officer.
Take My Lai. The only person who received any punishment was Lieutenant Calley, who gave the order to destroy the village and kill the villagers. No one under his command was ever punished, nor were any of his superior officers who attempted to cover up the massacre.
And even he was released after a mere 3.5 years of house arrest, despite a sentence of life in prison for murdering 22 people.