Is following orders a war crime?

Is following orders a war crime?

Waterboarding, killing family members of suspected terrorists, and carpet bombing civilian areas are not only clear violations of the law, they are war crimes. Giving, following, or relaying orders to commit such acts are also war crimes.

Are soldiers required to follow orders?

This oath is very straightforward, stating that all soldiers must “support and defend the Constitution of the United States against all enemies, foreign and domestic.” It also includes that any military man or woman must “obey the orders of the President of the United States and the orders of the officers appointed …

When can a soldier not follow orders?

Military members disobey orders at their own risk. They also obey orders at their own risk. An order to commit a crime is unlawful. An order to perform a military duty, no matter how dangerous, is lawful as long as it doesn’t involve the commission of a crime.

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What does it mean to follow orders in military?

Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, a firefighting force, or the civilian population, should not be considered guilty of committing actions that were ordered by a superior officer or …

Can service members be convicted of unlawful orders?

Both international and domestic courts have a robust history of convicting service members who carried out unlawful orders. When former Nazis claimed to have just been following orders, this defense was unequivocally rejected during the Nuremberg trials.

Does the Uniform Code of military justice demand obedience or disobedience?

While the Uniform Code of Military Justice demands obedience to the lawful orders of a superior commissioned officer, it equally demands disobedience when the order given is illegal.

Why did Adolf Eichmann ask for clemency?

Left: A handwritten request for clemency by Adolf Eichmann, an architect of the Nazi Holocaust, who said he shouldn’t be held responsible for his actions because he and other low-level officers were following orders from their superiors.

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What happens when people act under orders?

Researchers measured a “small, but significant” increase in the perceived time between a person’s action and outcome when coercion was involved. That is, when people act “under orders,” they seem to experience less agency over their actions and outcomes than when they choose for themselves, Haggard said.