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.
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.