ATTENTION US MILITARY PERSONNEL
Reposted in full, with permission, from the Making Light blog. Go there for comments and clarifications.
ATTENTION US MILITARY PERSONNEL
You are not required to obey an unlawful order.
You are required to disobey an unlawful order.
You swore an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.
The Constitution states (Article VI):
Here is article 3, the common article, to the Geneva Conventions, a duly ratified treaty made under the authority of the United States:
Article 3 of the Geneva Conventions is straightforward and clear. Under Article VI of the Constitution, it forms part of the supreme law of the land.
You personally will be held responsible for all of your actions, in all countries, at all times and places, for the rest of your life. "I was only following orders" is not a defense.
What all this is leading to:
If you are ordered to violate Article 3 of the Geneva Conventions, it is your duty to disobey that order. No "clarification," whether passed by Congress or signed by the president, relieves you of that duty.
If you are ordered to violate Article 3 of the Geneva Conventions, this is what to do:
1. Request that your superior put the order in writing.
2. If your superior puts the order in writing, inform your superior that you intend to disobey that order.
3. Request trial by courtmartial.
You will almost certainly face disciplinary action, harassment of various kinds, loss of pay, loss of liberty, discomfort and indignity. America relies on you and your courage to face those challenges.
We, the people, need you to support and defend the Constitution. I am certain that your honor and patriotism are equal to the task.
ATTENTION US MILITARY PERSONNEL
You are not required to obey an unlawful order.
You are required to disobey an unlawful order.
You swore an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.
The Constitution states (Article VI):
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Here is article 3, the common article, to the Geneva Conventions, a duly ratified treaty made under the authority of the United States:
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Article 3 of the Geneva Conventions is straightforward and clear. Under Article VI of the Constitution, it forms part of the supreme law of the land.
You personally will be held responsible for all of your actions, in all countries, at all times and places, for the rest of your life. "I was only following orders" is not a defense.
What all this is leading to:
If you are ordered to violate Article 3 of the Geneva Conventions, it is your duty to disobey that order. No "clarification," whether passed by Congress or signed by the president, relieves you of that duty.
If you are ordered to violate Article 3 of the Geneva Conventions, this is what to do:
1. Request that your superior put the order in writing.
2. If your superior puts the order in writing, inform your superior that you intend to disobey that order.
3. Request trial by courtmartial.
You will almost certainly face disciplinary action, harassment of various kinds, loss of pay, loss of liberty, discomfort and indignity. America relies on you and your courage to face those challenges.
We, the people, need you to support and defend the Constitution. I am certain that your honor and patriotism are equal to the task.
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I felt this to be true on moral grounds, and I thank you for clarifying the legal truth of it. If the President has no regard for the Constitution, then it is up to ordinary Americans to try and uphold it. Unfortunately.
To clarify for those...If "If you are ordered to violate Article 3 of the Geneva Conventions, it is your duty to disobey that order. No "clarification," whether passed by Congress or signed by the president, relieves you of that duty."
Actually if ordered to violate either the UCMJ or Geneva Conventions, or commit an otherwise illegal act, I am first to 'question' the order and seek Clarification by saying "Sir, are you sure, I believe that order to be in violation of ______"
That gives the commanding officer, or NCO the right to rescind the order, or to clarify and repeat " Amn Eddington I order you to XXXXX"
At which that time I am under obligation to follow that order regardless of my thoughts, and afterwards to report it to JAG or up the chain of command.
However at NO time is a soldier allowed to disobey an order.
For instance, the Geneva Conventions say we may not target Mosques, Schools, Hospitals.. If I were ordered to drop a bomb on a Mosque, I would say " Sir, are you sure, I believe that to be an illegal target, that building is a Mosque" If I was then re-ordered to bomb the mosque and then later found out that the Mosque was being used to Store weapons and hide troops, then it IS a legal target, therefore a legal action.
"However at NO time is a soldier allowed to disobey an order."
However at NO time is a soldier allowed to disobey an order.
You'll note Item 3 covers this issue very directly:
Part of the reason I was willing to re-post it is that the author does not sugar-coat the issues revolving around these actions. I'd recommend reading the originating blog's comments for much more; it's discussed in some detail.
The difference is item 3 isn't an allowable action.
Its directing military members to disobey an order. Something we're not allowed to do, in fact disobeying a direct order, you are lucky if they will try via courtmartial, depending on the situation they will under go Article 13 Non-Judiciary Punishment by their Commander which can include, loss of pay, loss of rank, loss of privaleges, and even being held under Arrest until such time as they decide wether to go with a court martial or Article 13 punishment.
What the original poster ( I did read the original post btw) didn't say is not only are we sworn to defend the articles of the constitutions but the orders of those appointed over us, including the Commander in Chief ( the president).
The poster either hasn't served in the Military, or they are purposefully directing them into trouble.