Honestly I’m disappointed in the military members that aren’t refusing their illegal orders. Clearly they either see no issues here, or they think the Nuremberg Defense will work this time.
The Nuremberg Defense only becomes an issue if there’s a Nuremberg trial. And that requires a coalition of countries willing and able to fight and defeat the fascists. Right now the most powerful countries in the world are all leaning into fascism, and the few countries that still oppose it are nowhere near a military match.
These remaining service members have been filtered and downselected. A person would have had to stick with it through all the controversy at this point to be in the position to consider whether the next order is illegal. I tend to think such a person might have left by now to avoid being asked to commit crimes against their own people, for example.
You’re forgetting that many are bound by contracts and have no legal way out, short of committing offenses which can have serious repercussions even after separation.
In russia there a specific law for that, allowing to ignore other military laws and restrains provided by contract and not “committing crime due to superior command”. That clause also basically means, that whole russian military, that attacked Ukraine - criminals. Funnily enough, it’s not the only one russian law that ignored in that war, but that beyond topic above.
I’m not strong in American law system, but isn’t there something similar for situations like that?
Inb4 MASH reference
Honestly I’m disappointed in the military members that aren’t refusing their illegal orders. Clearly they either see no issues here, or they think the Nuremberg Defense will work this time.
The Nuremberg Defense only becomes an issue if there’s a Nuremberg trial. And that requires a coalition of countries willing and able to fight and defeat the fascists. Right now the most powerful countries in the world are all leaning into fascism, and the few countries that still oppose it are nowhere near a military match.
These remaining service members have been filtered and downselected. A person would have had to stick with it through all the controversy at this point to be in the position to consider whether the next order is illegal. I tend to think such a person might have left by now to avoid being asked to commit crimes against their own people, for example.
You’re forgetting that many are bound by contracts and have no legal way out, short of committing offenses which can have serious repercussions even after separation.
In russia there a specific law for that, allowing to ignore other military laws and restrains provided by contract and not “committing crime due to superior command”. That clause also basically means, that whole russian military, that attacked Ukraine - criminals. Funnily enough, it’s not the only one russian law that ignored in that war, but that beyond topic above.
I’m not strong in American law system, but isn’t there something similar for situations like that?