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by willcipriano 1974 days ago
> 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.

1 comments

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?
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.