[DennisP]

International law is one consideration but under US law, the generals are not allowed to refuse a launch order. Possibly they would anyway, but it's a poorly designed system that in some circumstances relies on people stepping outside the system in order to prevent WWIII.

Retaliation is another matter, but we at least need more safeguards against a president launching first. A good argument can be made that we shouldn't allow first strikes at all.

[willcipriano]

> International law is one consideration but under US law, the generals are not allowed to refuse a launch order.

That is not my understanding from talking with people in the army. What I understand is that anyone in the armed forced is not only allowed, but required, to refuse a unlawful order given by anyone, even the president. Executing on a unlawful order is a crime and you can end up court marshalled or even executed if the outcome is bad enough. The Nuremberg defense ("I was just following orders") does not fly in the US military.

[chihuahua]

I wonder how someone who receives an order is expected to determine if it's lawful or not, especially within 60 seconds? Doesn't that require a court of law to decide?

[willcipriano]

I asked a similar question, my understanding is it's a matter of degrees. If you follow a unlawful order and say file paperwork the wrong way that probably won't result in a court marshal, if you burn down a village in a friendly country you most certainly would.

That said Congress is supposed to declare war so most of the wars we have been fighting for the past two decades are likely unlawful. I doubt you would be successful refusing to execute a drone strike on that basis. However if the president called up drunk one night and ordered your to bomb London, I suspect you'd be safe in that refusal.

[nabla9]

They are obligated to refuse illegal order.

For a use of nuclear force to be legal, it must satisfy customary requirements of necessity, distinction, proportionality, and avoidance of unnecessary suffering.