Administration puts military in a tough spot
Recent events make it clear why senators warning military personnel about the dangers of following illegal orders was so very important. The warning was that the Department of Defense Law of War Manual clearly states that military personnel should not follow illegal orders. Following such orders may make the person following the orders guilty of a war crime.
Trump, Republicans, and even a sportscaster who apparently has no knowledge about military law were up in arms about stating the facts about military law and the rules of combat. The vitriol was dripping from the statements. Trump even called the senators, all former military officers, traitors for undermining the chain of command.
Do note that the senators specifically stated that disobeying an order applied only to illegal orders. Obeying an illegal order makes the person obeying the order liable for any consequences of doing something that is illegal or goes against the military code.
Now we see how that might play out with the so called “second tap” attack on helpless individuals clinging to remnants of a disabled boat. Such an attack actually is given as an example in the Law of war Manual as a war crime. It is forbidden to kill prisoners or those incapable of fighting. The killing of men clinging to what is left of a boat seems relatively straightforward as a war crime.
That is if we were actually in a war, which officially we are not. It would seem that just blowing up boats because we think (or even know) they are carrying drugs would be classified as extrajudicial murder. With this we might be moving from violating the military code to a civilian case of murder.
Even if these individuals are intending to deliver drugs to the U.S., no one is justified in killing them without due process. Supposedly we are a nation functioning under the rule of law. The fact that Trump claims to know what they are carrying and knows where they are in the open ocean implies that we would have sufficient intel to intercept the boats and verify what they are carrying. The assertion that they would be bringing drugs to the U.S. is questionable since the boat in question was not headed toward the U.S. when attacked.
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We are not sure Trump is being honest about anything — as though there is any doubt that he lies — there are other questions about blowing up boats on the open seas. Trump claims they are carrying fentanyl, a drug responsible for many overdose deaths. According to reports, the only drug they have found on any of the targeted boats is cocaine. The fact that the boats are not carrying what the administration claims further makes the whole matter more questionable. In any case the attacks are murder in international waters.
So where does this leave the military personnel who are blowing up these boats and killing everyone on board? Based on the comments from the Sectary of War and the admiral in charge of the operations, responsibility is going to be laid at the feet of the people “pulling the trigger” or in this case firing the missiles from the drones. All the higherups are going to blame those further down in the chain of command.
In other words, if negative consequences result from these apparently illegal actions, it is the service members who will be hung out to dry. The Trump administration is putting our military service personnel in an untenable position. If they obey an illegal order, they may be charged with either a war crime or civilian murder. If they do not obey the illegal order, be assured that Trump will personally attack them and in so doing stimulate some of his ardent followers to do the same.
It is quite apparent that aside from the lip service about respecting the people in military service, this administration considers them political pawns. Blowing up boats puts them at risk for negative consequences. This may also apply to the ICE agents some of whom appear to be guilty of assault and possibly other crimes.
One thing is certain; Trump and his direct appointees will not assume any responsibility for any order given. Any actions of people on the ground or in the air directly involved in potentially illegal actions will be the ones suffering any consequences.
(Norman Hoffman is a doctoral-level clinical psychologist with more than 30 years of experience in the assessment of diagnosable conditions. He lives in Waynesville. This email address is being protected from spambots. You need JavaScript enabled to view it..)
