Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

WinkyDink

(51,311 posts)

6. Following illegal orders is itself a crime. Educate yourself.

Reply to NewDeal_Dem (Reply #1)

Thu Dec 11, 2014, 02:48 AM

Dec 2014

An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.

"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.
http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders.htm

Rule 154. Every combatant has a duty to disobey a manifestly unlawful order.
https://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter43_rule154

Edit history

Please sign in to view edit histories.

17 replies

= new reply since forum marked as read

Highlight:

Millman: Why did we torture? [View all] Recursion Dec 2014 OP

I don't think the general public can know 'why' 'we' tortured because the general public doesn't NewDeal_Dem Dec 2014 #1

Following orders was not accepted as an excuse at the Nuremberg Trials. sabrina 1 Dec 2014 #4

well said! marions ghost Dec 2014 #7

Excellent post malaise Dec 2014 #11

That might fly if it was anyone except low level non officers being punished, which was the case NewDeal_Dem Dec 2014 #12

Following illegal orders is itself a crime. Educate yourself. WinkyDink Dec 2014 #6

I don't need to educate myself. "if the order was illegal" being the sticking point. It's been a NewDeal_Dem Dec 2014 #9

"A long time since Nuremburg"? Oh, my, my, my. When such is said about living memory, what happens WinkyDink Dec 2014 #14

You don't seem to have heard me. I'd be very happy if the Bush gang were NewDeal_Dem Dec 2014 #17

Wow, I hope this is high-level satire Recursion Dec 2014 #16

No, I call bullshit there on both counts. Recursion Dec 2014 #8

The first most people had an inkling was Abu Ghraib. For which only a few low-level peons got NewDeal_Dem Dec 2014 #10

I thought the last paragraph was applegrove Dec 2014 #2

That's an interesting point. I hadn't looked at it that way (nt) Recursion Dec 2014 #3

Because we were led by treasonous psychopaths? WinkyDink Dec 2014 #5

People were angry. "The gloves were off". bhikkhu Dec 2014 #13

We were/are torturing for profit, in the service of multinational corporations. Zorra Dec 2014 #15