Navigating Legal and Moral Dilemmas: When Military Orders Turn Out to Be Unlawful
When a member of the military receives an order that later turns out to be unlawful or illegal, the situation can become highly complex. This issue was highlighted in the now-infamous My Lai massacre and the movie by the same name. The case of Lt. Calley and the decision by Captain Medina illustrate the ethical and legal conundrums facing military personnel.
Lessons from Lt. Calley’s Court-Martial
During the My Lai incident, Lt. William Calley received an order that violated the laws of war. He was found guilty of obedience and given a dishonorable discharge. However, many argued that the responsibility should not solely rest on Calley’s shoulders. The responsibilities of superiors in such situations often come under scrutiny. The film A Few Good Men further explores the consequences of following orders that are not only illegal but also immoral. In that fictional scenario, the individual not only should question the order but also take it to a higher authority for resolution.
The Importance of Questioning Orders
As a retired Army officer, I have often provided training and guidance on the Uniform Code of Military Justice (UCMJ). One of the critical aspects discussed is how to handle an order that seems unlawful. The primary advice always involves clear and respectful communication. Here are the recommended steps:
Promptly request clarification on the legality of the order: “Sir, I believe your order is illegal for the following reasons…” Request the order be put in writing: “I will obey but first I request you put the order in writing, including the date and your signature.” This tactic often forces the commanding officer to reconsider the order or record a specific directive.Following such steps ensures that the order is documented, and if it is rescinded or a higher authority intervenes, the soldier’s integrity is preserved. Recording the conversation also provides a legal record in case further action is required.
Case Study: My Lai Massacre and Mutual Responsibility
The My Lai Massacre is a prime example of the legal and ethical dilemmas faced by military personnel. Lt. Calley was found guilty of obeying an order that violated the laws of war, while Capt. Medina, who issued the order, was found not guilty. This case underscores the importance of mutual responsibility within the ranks. It also highlights the complexity of legal orders in war zones.
The Role of Geneva Conventions
During combat, medics also face legal and ethical challenges. For instance, if a medic is ordered to guard an ammunition dump, they temporarily lose their status as a protected medical officer. Once the guard duty is over, they regain their protected status. The situation can become more complicated when medics are ordered to perform actions that are not aligned with the Geneva Conventions.
Conclusion
Military personnel often face challenging situations where orders may be in question. It is crucial to navigate these situations with clarity, respect, and integrity. By questioning orders when they seem unlawful and following established protocols, soldiers can protect themselves and their fellow service members. This approach not only preserves the chain of command but also upholds the ethical standards expected of military service.
If you, or someone you know, is in a similar situation, it is essential to document the conversation and seek assistance from higher ranks. Taking these steps ensures that the situation is handled appropriately and that justice is served.