Six US Congressional Members Reaffirm Military Duty to Refuse Unlawful Orders

Washington, D.C. – Six members of the U.S. Congress, all with backgrounds in the military or the CIA, have issued a public reminder to active service members regarding their legal and moral obligation to refuse unlawful orders. The intervention, highlighted in a recent Bloomberg Opinion piece by columnist Andreas Kluth, emphasizes the enduring principle established at the Nuremberg trials that "just following orders" does not excuse criminal acts. This stance comes amid what Kluth describes as an ongoing controversy within the United States.

The congressional members reportedly released a video explicitly stating, "our laws are clear: You can refuse illegal orders. You must refuse illegal orders." This direct message underscores a fundamental tenet of military justice and international law, designed to prevent atrocities and ensure individual accountability even within a chain of command. The initiative by the six lawmakers, whose names were not specified in the commentary, has drawn significant attention.

Andreas Kluth's article, titled "Six US Pols Are Patriots for Restating Military Duty to Disobey Unlawful Orders," frames their actions as patriotic. He quotes Jan Techau, who remarked, "Stauffenberg pointed the way: if your obedience requires you to do criminal, unhuman things, you are no longer bound by your oath. A soldier’s final benchmark must always, in the last instance, be his conscience, not his orders." This historical reference connects the contemporary discussion to past instances of moral courage in the face of illicit directives.

The Nuremberg trials, held after World War II, prosecuted Nazi officials for war crimes and crimes against humanity, establishing a precedent that individuals are responsible for their actions, regardless of orders from superiors. This principle is codified in various military codes of conduct globally, including within the U.S. armed forces. The reminder from the congressional members aims to reinforce this critical ethical and legal boundary for service personnel.

The commentary suggests that the lawmakers' message is particularly pertinent given a "controversy now raging in the United States," though specific details of this controversy were not elaborated upon. Their collective effort serves as a powerful affirmation of individual conscience and legal adherence over blind obedience, reinforcing a core democratic value within the military structure.