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In reply to the discussion: How would you like to be a US military pilot flying a classfied mission, [View all]DetroitLegalBeagle
(2,406 posts)And by the time it gets to them, it's been cleared so there is little reason to assume it's illegal. It would need to be blatantly illegal or they would need to have knowledge of it to be illegal for most to risk a Article 92. Like orders to "go kill every man woman and child in that town" blatant. Most soldiers aren't legal scholars, they don't know international law, what treaties we are part of, etc. That's for the higher ups to worry about. The soldiers in the trenches care about doing their duty and surviving. You get orders, you carry them out. If they're blatantly illegal you refuse. If you know they are illegal, you refuse. If you aren't sure, then 9/10 times they will just assume the order made it through the chain of command without challenge so it's probably legal.
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