Monday, March 19, 2018

Obedience to orders

The American Constitution Society for Law and Policy has just released an issue brief by Christopher Fonzone titled What the Military Law of Obedience Does (and Doesn't) Do.  You can find it here. According to the author, "the military law of obedience is a doctrine designed to protect service members from having to obey manifestly illegal orders. As the response to then-candidate [Donald J.] Trump’s comments on waterboarding and the targeting of civilians demonstrates, the doctrine helps ensure that the U.S. military does not transgress clear and well-known legal commands. But what the law of obedience most distinctly is not is a tool for saving the Nation from simply unwise or legally contested orders."

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