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24 de jul. de 2017 · It is simply wrong to say Calley had an obligation to follow any order no matter what. His first obligation was to obey the law, and the law prohibits the deliberate killing of unarmed civilians. But it’s not enough to assert that soldiers must follow all lawful orders and disobey unlawful ones. Not every case is clear-cut.
2 de feb. de 2022 · The behaviors of soldiers who are resistant to a military order fall into one of four categories recently described by Eric Hundman: grudging obedience, refinement, exiting service, and defiance. For a military service that requires obedience, the first three of those are acceptable.
military chain of command and the legal responsibility of military officials to obey superior orders, laying out how members of the armed forces face a dual obligation to obey lawful orders and to disobey unlawful orders.
4 de may. de 2018 · In short, by narrowing the set of orders members of the military are required to disobey to those that are “manifestly” or “patently” illegal. Scholars of military law are clear that such orders are not difficult to discern; as one military justice scholar put it, manifestly illegal orders are precisely those orders that do ...
16 de mar. de 2022 · As a member of the military, if you’re fortunate, you’ll never have to worry about whether you can or should disobey an unlawful order given by a superior (including the Commander in Chief). However, what if you are placed in that situation? How do you know for certain that an order is illegal?
13 de jul. de 2018 · This means that soldiers must refuse to obey orders that violate the rules of warfare. Violations of such rules would include refusing to respect and treat with humanity all individuals who are protected by these international conventions, including POWs , civilians or wounded enemy combatants who are unable to fight.
is twofold: if soldiers must fully obey without questions orders that are not contradicting their professional duties, it also implies that they must disobey commands that would lead them to ...
