This video discusses the legal implications of obeying unlawful orders, specifically referencing the case of Mark Kelly. It highlights that active duty personnel are not obligated to follow illegal commands and that a grand jury refused to indict Mark Kelly for stating this principle. The speaker emphasizes the moral obligation to disobey unlawful orders, using a hypothetical scenario involving a commanding officer's illegal command.
This video clarifies that soldiers have a right and an obligation to disobey unlawful orders, as defined by the Uniform Code of Military Justice and international law. The oath of enlistment swears allegiance to the Constitution, not solely to the President or superior officers. Unlawful orders include those that violate the Constitution, federal laws, or international law, such as targeting civilians or committing war crimes. The speaker emphasizes that 'following orders' is not a defense for illegal actions, citing the Nuremberg trials as a historical precedent.
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