The current administration has been accused of authorizing and carrying out extrajudicial killings, violating the rules of engagement and potentially committing war crimes. Multiple strikes in the Caribbean Sea and eastern Pacific Ocean have resulted in at least 83 deaths, targeting individuals not officially at war with the U.S. Despite this, orders have been given to kill all targets, including survivors of initial strikes, directly contradicting both military and international law. American service members are reminded that they have the right and duty to disobey unlawful orders, as the “just following orders” defense has been rejected for over half a century. Ultimately, those carrying out these actions, not the commanders, are the ones at risk of facing court-martials, federal indictments, and imprisonment for their actions.
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In a resurfaced 2016 video, Defense Secretary Pete Hegseth stated there should be “consequences” for carrying out unlawful orders. This clip has gained renewed attention as the Pentagon, now under Hegseth’s leadership, is investigating six Democratic lawmakers who urged service members not to follow illegal directives. The lawmakers’ video prompted accusations of “seditious behavior” from President Trump, while Hegseth himself criticized the Democrats’ message as “despicable, reckless, and false”. The controversy underscores the military’s obligation to obey lawful orders but refuse unlawful ones, as explicitly stated in the Uniform Code of Military Justice (UCMJ).
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In a recent interview with NPR, Senator Mark Kelly criticized the Pentagon’s investigation into his involvement in a video reminding active-duty troops about the illegality of following unlawful orders. The former Navy fighter pilot is facing potential court-martial for appearing in the video, which was released amid legal concerns regarding the deployment of National Guard troops. Kelly also responded to the White House’s initial condemnation of the video, where the President stated this action was “seditious behavior, punishable by death.”
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Following a video released by six Democratic members of Congress urging service members to refuse illegal orders, Donald Trump reacted with threats of sedition charges. This prompted an investigation into one of the lawmakers for “serious allegations of misconduct.” The Uniform Code of Military Justice mandates obedience to lawful orders but also imposes a duty to disobey those deemed unlawful, as supported by legal precedent and historical examples of service members refusing to participate in illegal wars. Expert testimony, citing the Nuremberg Charter, UN Charter, and UCMJ, has been used in court-martial cases to defend those who refused to comply with potentially unlawful orders.
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President Trump has called for the arrest and execution of several members of Congress for reminding military personnel to disobey unlawful orders. This follows a campaign by the Trump administration to target alleged drug smugglers, which many legal experts deem unlawful. American military tradition and law permit and even require soldiers to question and disobey orders perceived as unlawful, a principle reinforced by international law and the U.S. Constitution. Therefore, the actions of the President and Defense Secretary Hegseth in ignoring this principle betray a shocking misunderstanding of the legal and moral responsibility of the American military.
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Military communities are grappling with the implications of deploying the armed forces domestically, a situation that has broken constitutional norms and sparked internal concerns. Veterans like Brittany Ramos DeBarros see this as a catalyst for organizing, as service members and their families seek support and grapple with difficult moral choices. The legal complexities surrounding unlawful orders are also a significant issue, with service members facing the potential for court-martial and imprisonment for defiance, or moral injury for compliance. Ultimately, the situation places military personnel in a challenging position, forcing them to navigate a complex landscape of legal and ethical considerations.
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Representative Jake Auchincloss criticizes the President’s deployment of 700 Marines from the 2nd Battalion, 7th Marines to Los Angeles as both unnecessary and illegal, violating posse comitatus. This action forces Marines trained for combat against foreign enemies to undertake ill-suited urban policing, requiring them to abandon years of training for inadequate preparation. The deployment demoralizes the troops and places young officers in an untenable position, forcing them to choose between obeying an unlawful order and their constitutional oath. The situation is further compounded by the availability of better-suited law enforcement resources to handle the situation.
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John Q. Hosedrinker