Duty and orders

OT: anything goes!

Moderator: Edi

Post Reply
Cornelius
Jedi Knight
Posts: 594
Joined: 2004-02-07 03:16pm
Location: His email address is Watashi@microsoft.com

Duty and orders

Post by Cornelius »

In the military it is your duty to obey orders. You get court marshaled if you don't follow these orders right? Maybe even executed if it is time of war right? I am not sure.


My question is: A What do you do when you know your entire government is wrong (nazis) and you are forced to do something you know is morally wrong lest you pay the consequences for insuboridnation? You can't escape, and you can really do nothing about it by yourself against the government?

How can you be held responsible for following orders against which you can do nothing but die or go to prison?

This issue always confused me, for all I ever hear from the base near me is "subordination, orders, and duty."
User avatar
General Zod
Never Shuts Up
Posts: 29211
Joined: 2003-11-18 03:08pm
Location: The Clearance Rack
Contact:

Post by General Zod »

i think this has been covered before. i'll try and dredge up what i remember:

basically, when a soldier is given orders he must follow them to the best of his ability except when those orders are clearly illegal. when they're illegal it's actually the soldier's duty to disobey them and do the right thing. using the excuse 'i was just following orders' is no longer valid in courts of law.


as far as the entire government being corrupt. . . .well, i think it's best for someone with more knowledge in that area ta handle it.
"It's you Americans. There's something about nipples you hate. If this were Germany, we'd be romping around naked on the stage here."
HemlockGrey
Fucking Awesome
Posts: 13834
Joined: 2002-07-04 03:21pm

Post by HemlockGrey »

The Nurenberg Trials established that a soldier is required to disobey any illegal orders, or he can be held responsible. I don't know about the exact definition of "illegal", but it does include stuff like genocide, intentional civilian massacre, execution of prisoners, etc.
The End of Suburbia
"If more cars are inevitable, must there not be roads for them to run on?"
-Robert Moses

"The Wire" is the best show in the history of television. Watch it today.
User avatar
Comosicus
Keeper of the Lore
Posts: 1991
Joined: 2003-11-23 06:33pm
Location: on the battlements of Sarmizegetusa
Contact:

Post by Comosicus »

This means you are fucked one way or another.

You obey the wrong orders, you get punished for war crimes.

You don't obey, you are court martialed and screwed too.

I think it depends on the grade of morality and conscience of people what would they choose.
Not all Dacians died at Sarmizegetusa
User avatar
General Zod
Never Shuts Up
Posts: 29211
Joined: 2003-11-18 03:08pm
Location: The Clearance Rack
Contact:

Post by General Zod »

if the orders are clearly illegal and you refuse to obey, it will be the officer giving the orders that gets court martialed, not yourself. however proving that he gave them would be rather difficult, unless he tries pressing charges. which he probably wouldn't do, if he were smart, as the orders would be clearly illegal.
"It's you Americans. There's something about nipples you hate. If this were Germany, we'd be romping around naked on the stage here."
User avatar
Comosicus
Keeper of the Lore
Posts: 1991
Joined: 2003-11-23 06:33pm
Location: on the battlements of Sarmizegetusa
Contact:

Post by Comosicus »

Darth_Zod wrote:if the orders are clearly illegal and you refuse to obey, it will be the officer giving the orders that gets court martialed, not yourself. however proving that he gave them would be rather difficult, unless he tries pressing charges. which he probably wouldn't do, if he were smart, as the orders would be clearly illegal.
I was refering in the context of the first post: a fucked up governement, Nazi style. During the war there were cases of people geting shot because they refused to be part of execution squads.

EDIT: fixed typo.
Not all Dacians died at Sarmizegetusa
Cornelius
Jedi Knight
Posts: 594
Joined: 2004-02-07 03:16pm
Location: His email address is Watashi@microsoft.com

Post by Cornelius »

I was refering in the context of the first post: a fucked up governement, Nazi style. During the war there were cases of people geting shot because they refused to be part of execution squads.
1 I know, I would rather do the illegal stuff than die myself, wouldn't you? It just seems more logical to punish the officers in charge, not the grunts who cannot do anything about it.

2 It seems very "zero-tolerance" and not very logical. Its like they expect people to sacrifice themselves like guinea pigs.


Do this.
No
Bam, you dead. Next?
CDiehl
Jedi Master
Posts: 1369
Joined: 2003-06-13 01:46pm

Post by CDiehl »

This is a problem that must be addressed long before it actually happens, by training soldiers and officers in a moral code of behavior that precludes them from harming the innocent, and requires them to actively oppose anyone who orders them to do so. Frankly, I don't take obeying orders as an excuse from anyone, regardless of rank.
For the glory of Gondor, I sack this here concession stand!
IRG CommandoJoe
Sith Devotee
Posts: 3481
Joined: 2002-07-09 12:51pm

Post by IRG CommandoJoe »

If I were a soldier in Nazi Germany ordered to kill civilians, and knew that if I disobeyed orders I'd be shot, I would open fire on whoever gave the order and fight for survival as long as possible before being put down. Maybe my disobedience would encourage others to disobey as well. Were there any cases such as I described?
Who's the more foolish, the fool or the fool who follows him? -Obi-Wan Kenobi

"In the unlikely event that someone comes here, hates everything we stand for, and then donates a big chunk of money anyway, I will thank him for his stupidity." -Darth Wong, Lord of the Sith

Proud member of the Brotherhood of the Monkey.
User avatar
Sea Skimmer
Yankee Capitalist Air Pirate
Posts: 37390
Joined: 2002-07-03 11:49pm
Location: Passchendaele City, HAB

Post by Sea Skimmer »

Soldiers are only required to obey lawful orders. Though if your struck in the service of Nazi's or the like your not to likely to get the benefit of a fair or any trial before being executed.
"This cult of special forces is as sensible as to form a Royal Corps of Tree Climbers and say that no soldier who does not wear its green hat with a bunch of oak leaves stuck in it should be expected to climb a tree"
— Field Marshal William Slim 1956
User avatar
Sea Skimmer
Yankee Capitalist Air Pirate
Posts: 37390
Joined: 2002-07-03 11:49pm
Location: Passchendaele City, HAB

Post by Sea Skimmer »

IRG CommandoJoe wrote:If I were a soldier in Nazi Germany ordered to kill civilians, and knew that if I disobeyed orders I'd be shot, I would open fire on whoever gave the order and fight for survival as long as possible before being put down. Maybe my disobedience would encourage others to disobey as well. Were there any cases such as I described?
Probably, but I've never heard of any. The thing is that if you where a Nazi solider you'd have been indoctrinated to be loyal to the Führer for many years and would be looking at shooting many people who have been your friends for just as long. That makes doing what you describe far less easy mentally.
"This cult of special forces is as sensible as to form a Royal Corps of Tree Climbers and say that no soldier who does not wear its green hat with a bunch of oak leaves stuck in it should be expected to climb a tree"
— Field Marshal William Slim 1956
Thinkmarble
Jedi Knight
Posts: 685
Joined: 2003-11-01 11:10am

Post by Thinkmarble »

There were german soldiers who disobeyed "unlawfull orders" during the campaigns in the east.
(orders connected with collective punishment, genocide). Surprisingly enough most of them were not punished.
User avatar
Comosicus
Keeper of the Lore
Posts: 1991
Joined: 2003-11-23 06:33pm
Location: on the battlements of Sarmizegetusa
Contact:

Post by Comosicus »

Thinkmarble wrote:There were german soldiers who disobeyed "unlawfull orders" during the campaigns in the east.
(orders connected with collective punishment, genocide). Surprisingly enough most of them were not punished.
I think that happened mostly because their direct superiors didn't agreed with those orders too.

I don't know how accurate and represantative for the entire picture are Sven Hassel's books, but most of my impressions upon the subject were influenced by them.
Not all Dacians died at Sarmizegetusa
User avatar
The Yosemite Bear
Mostly Harmless Nutcase (Requiescat in Pace)
Posts: 35211
Joined: 2002-07-21 02:38am
Location: Dave's Not Here Man

Post by The Yosemite Bear »

either that or hide a bomb under the confrence table....
Image

The scariest folk song lyrics are "My Boy Grew up to be just like me" from cats in the cradle by Harry Chapin
User avatar
salm
Rabid Monkey
Posts: 10296
Joined: 2002-09-09 08:25pm

Post by salm »

The Yosemite Bear wrote:either that or hide a bomb under the confrence table....
it won´t work. the führer in charge is going to leave early that day...
User avatar
The Yosemite Bear
Mostly Harmless Nutcase (Requiescat in Pace)
Posts: 35211
Joined: 2002-07-21 02:38am
Location: Dave's Not Here Man

Post by The Yosemite Bear »

Speaking of Illegal Orders, the Native American Army Grunt/medic who told Lt. Calley to fuck off at Mai Lei lives in Yosemite area. BTW does anyone know if Calley is still alive?

---edit---
checked fixed name

yeah, he got pardonded...
Image

The scariest folk song lyrics are "My Boy Grew up to be just like me" from cats in the cradle by Harry Chapin
User avatar
Stofsk
Emperor's Hand
Posts: 12925
Joined: 2003-11-10 12:36am

Post by Stofsk »

The Yosemite Bear wrote:Speaking of Illegal Orders, the Native American Army Grunt/medic who told Lt. Calley to fuck off at Mai Lei lives in Yosemite area. BTW does anyone know if Calley is still alive?
I haven't heard this story; what took place at Mai Lei?
Image
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18684
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Stofsk wrote:
The Yosemite Bear wrote:Speaking of Illegal Orders, the Native American Army Grunt/medic who told Lt. Calley to fuck off at Mai Lei lives in Yosemite area. BTW does anyone know if Calley is still alive?
I haven't heard this story; what took place at Mai Lei?
Seconded.

For myself, I would rather die than participate in the Holocaust. :x
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Ghost Rider
Spirit of Vengeance
Posts: 27779
Joined: 2002-09-24 01:48pm
Location: DC...looking up from the gutters to the stars

Re: Duty and orders

Post by Ghost Rider »

Cornelius wrote:
My question is: A What do you do when you know your entire government is wrong (nazis) and you are forced to do something you know is morally wrong lest you pay the consequences for insuboridnation?
How does the average soldier know the Nazi government is wrong?

I'm not talking about Rommel or someone who isn't you're indoctrinated grunt...seriously if say the US Army for years has been disposing of people this way, and it's put into a light that is favorable and in fact looks like it's for a just cause how do you the average grunt know it's wrong?

Yes, if you can resist an illegal order...but the murkiness comes from what is and isn't illegal within your government and army.
MM /CF/WG/BOTM/JL/Original Warsie/ACPATHNTDWATGODW FOREVER!!

Sometimes we can choose the path we follow. Sometimes our choices are made for us. And sometimes we have no choice at all

Saying and doing are chocolate and concrete
Thinkmarble
Jedi Knight
Posts: 685
Joined: 2003-11-01 11:10am

Post by Thinkmarble »

In germany the case is quite simple, as international law is binding law (article 25 basic law), and wars of agression are explicitly banned (article 26 basic law).
In fact with the participation in the Kosovo war the german federal government did broke the basic law.
He was not persecuted because the federal persecutor responsible for the this kind of things simply decided on his own that one can make exceptions if one really wants to ( okay, it was for "humatarian reasons"). If Schröder would have been charged with starting a war of agression he would have been sent into prison for atleast 15 years.
CDiehl
Jedi Master
Posts: 1369
Joined: 2003-06-13 01:46pm

Post by CDiehl »

All that proves is that laws, no matter how well-intentioned, are a bunch of hot air if you don't enforce them. As for My Lai, it was a hamlet in South Vietnam, in the DMZ, whose people were killed indiscriminately by US soldiers led by a Lieutenant named William Calley. Calley did, I believe, a few years in prison for it, and none of his men faced any punishment to speak of for their actions. Frankly, I'd have hanged the lot of them for treason, because US troops slaughtering civilians gives a form of aid and comfort to an enemy by bringing the US military into disrepute. My concern about attacking civilians is not so much that it is illegal, since any set of laws can be changed to make anything legal, but that it is immoral (attacking people who either didn't attack you, can't defend themselves, or both) and counterproductive. Every resource spent attacking a city is one not used to attack the enemy military, who are the ones trying to kill you. Cities can produce all the materials they like, but it's all junk without a military to use them.
For the glory of Gondor, I sack this here concession stand!
User avatar
The Yosemite Bear
Mostly Harmless Nutcase (Requiescat in Pace)
Posts: 35211
Joined: 2002-07-21 02:38am
Location: Dave's Not Here Man

Post by The Yosemite Bear »

Rogue 9 wrote:
Stofsk wrote:
The Yosemite Bear wrote:Speaking of Illegal Orders, the Native American Army Grunt/medic who told Lt. Calley to fuck off at Mai Lei lives in Yosemite area. BTW does anyone know if Calley is still alive?
I haven't heard this story; what took place at Mai Lei?
Seconded.

For myself, I would rather die than participate in the Holocaust. :x
The infamous massacure of a whole village in Vietnam.
The army platoon responsible was found guilty of over 20 counts of murder of Women and Children. Along with a number of rapes. Five soldiers disobeyed Calley's orders to kill everyone and burn the whole village.
Image

The scariest folk song lyrics are "My Boy Grew up to be just like me" from cats in the cradle by Harry Chapin
User avatar
The Yosemite Bear
Mostly Harmless Nutcase (Requiescat in Pace)
Posts: 35211
Joined: 2002-07-21 02:38am
Location: Dave's Not Here Man

Post by The Yosemite Bear »

Basically the platoon's medic lives in Yosemite, he was one of the five who refused to fire on anyone during the incident/massacure. And later testified in Calley's court marital. His other bit, is that because hollywood couldn't find an american indian actor to play him in the movie five years later, they hired him to play himself.
Image

The scariest folk song lyrics are "My Boy Grew up to be just like me" from cats in the cradle by Harry Chapin
Post Reply