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[ Wednesday, Sept. 6, 2006 ] Letter to the Editor
Military members should question unlawful orders
This is in response to the editorial "Iraq war case sheds light on civilian deaths," September 5. As a veteran of both the Iraq and Afghanistan campaigns, I feel compelled to comment on your editorial which blames alleged war crimes on "military training." Your article states that military members are trained to obey without thought or question. If the author had any military training whatsoever, he or she would be aware we are absolutely taught to question. The Manual for Courts-Martial states, "An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime." Further, The Uniform Code of Military Justice (UCMJ), which governs the entire military, makes it clear personnel need to obey the "lawful command of his superior officer." Military personnel have an obligation and a duty to only obey lawful orders and indeed have an obligation to disobey unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ. If any war crimes were committed, the responsibility for the actions rests solely with the individual. Perhaps the Collegian should ensure that their lead editorial is researched a bit more thoroughly before debasing the military in such a sweeping manner. Stephen Johnson
junior - international politics
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Updated: Sunday, September 10, 2006 2:52:55 PM -4
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