30 yr AF retired here. Yes, the President is CIC but we are not obligated to follow any order that would be illegal. In the Oath, the Constitution is mentioned first. That is our priority and where are allegiance truly lies.
Not military here, but I would think something like executing a prisoner of war who is clearly not a threat without a Tribunal taking place.
Or more clearly something like being ordered to rape a civilian (read: Rape of Nanking by the Japanese in WW2) or prisoner. Anything against the Uniform Code of Military Justice (I think that's the term) or the Geneva Convention, I would think, other examples.
First let me correct. I said illegal when I should have unlawful. Same thing but unlawful is used in this context. So an extreme example would be if a commander or anyone appointed over you gave you an order to say kill a prisoner that wasn't a threat. That would be an unlawful order and if someone followed that order would be as guilty as the person giving it. I personally believe that if an order was given to take your weapons without due process would be unlawful as well but we know during Katrina, that happened in a few cases. Commanders should have never confiscated weapons from those otherwise legally allowed to have them. Certainly the Law of Armed Conflict carves out areas specific to war but short of that even the President can't issue orders that would otherwise be illegal and if they do it is the responsibility of commanders to refuse to carry them out. We may very well see how that all pans out very shortly.
30 yr AF retired here. Yes, the President is CIC but we are not obligated to follow any order that would be illegal. In the Oath, the Constitution is mentioned first. That is our priority and where are allegiance truly lies.
What is considered an illegal order?
Not military here, but I would think something like executing a prisoner of war who is clearly not a threat without a Tribunal taking place.
Or more clearly something like being ordered to rape a civilian (read: Rape of Nanking by the Japanese in WW2) or prisoner. Anything against the Uniform Code of Military Justice (I think that's the term) or the Geneva Convention, I would think, other examples.
First let me correct. I said illegal when I should have unlawful. Same thing but unlawful is used in this context. So an extreme example would be if a commander or anyone appointed over you gave you an order to say kill a prisoner that wasn't a threat. That would be an unlawful order and if someone followed that order would be as guilty as the person giving it. I personally believe that if an order was given to take your weapons without due process would be unlawful as well but we know during Katrina, that happened in a few cases. Commanders should have never confiscated weapons from those otherwise legally allowed to have them. Certainly the Law of Armed Conflict carves out areas specific to war but short of that even the President can't issue orders that would otherwise be illegal and if they do it is the responsibility of commanders to refuse to carry them out. We may very well see how that all pans out very shortly.