It's typically not even considered and excuse for soldiers, is it? Just because someone may be immune from civil prosecution does not mean there are not equally (or more) severe consequences in the military justice system.
I find it hard to believe you could be punished in the military system if you followed your superior orders.
Edit: my bad, in fact you can, if the order is illegal, and it has been unsuccessfully used as a legal defense in hundreds of cases.
But, considering what you risk when you don't follow orders, it seems like a tought decision to take.
If you don't follow orders, you are done and will probably be punished. And if you follow and you get caught it's on you and you will have to assume full responsability...
i think it is, but to some very limited extent. it is not desirable for soldiers to question commands too much. even the most human rights obeying, peace loving government typically does not want its soldiers to think too much. (i think that may even be part of the reason why they have a separate court system, no?)
Edit: my bad, in fact you can, if the order is illegal, and it has been unsuccessfully used as a legal defense in hundreds of cases. But, considering what you risk when you don't follow orders, it seems like a tought decision to take. If you don't follow orders, you are done and will probably be punished. And if you follow and you get caught it's on you and you will have to assume full responsability...
Here is more info on this subject: http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders....