----- Original Message -----
From: "Keith Addison" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, September 28, 2004 07:39
Subject: Re: [Biofuel] Re: [Off Topic]US to sell 5000 smart bombs to Israel
>
> Is it a soldier's duty to do whatever he/she's told?
>
Hi Keith,
Perhaps I can put some light on the subject, having been in the military
a while back.
!!! I am not an expert, but, merely someone that has seen the military from
the inside, from the lower ranks !!!
There are a few things that a solder is required to know:
1) A general knowledge of the Uniform Code of Military Justice ( UCMJ ),
which is a federal law, enacted by Congress.
See: http://usmilitary.about.com/library/milinfo/ucmj/blucmj.htm
2) *A rough idea of the various conventions of war, and what they mean
( more on this below ) for him or her.
A few of the basic ideas of the UCMJ, is that:
1) The UCMJ will be used against them, if they break the rules.
2) The solder must follow the UCMJ.
3) If a superior gives an order, it is to be assumed, that it is a
lawful ( under UCMJ ) order.
If the solder thinks that it is unlawful order, based on the UCMJ, then it
is their duty to bring it to the attention of their superior, but, he may be
in big trouble if he does and is wrong. OTOH, if he does not, bring it to
the attention of his superior, and does not do what he is told, he can still
get into trouble for disobeying a order.
If the solder, brings it to, the attention of the superior, and the superior
continues with the order, then the solder has a few choices, none of which
are real good for the solder, especially if he is wrong.
a) Take the issue up the chain of command.
b) Seek military legal counsel.
c) Refuse to follow the order.
d) Follow the order, but, do their best to mitigate the worst of
it's effects, and then report it to the proper people ( ' b ' ) as soon as
possible.
Of all of the options ' b ' is the best.
In the middle of combat, the solder, only really has the options of ' c '
and ' d ' ( and both are going to cause problems for the solder, ' c ' may
even allow the death penalty of the solder if the results are bad enough ),
unless legal counsel or someone that is higher in the chain of command is
immediately available to consult not likely.
-A U.S. solder in service does not have the U.S. Constitution to back him
up, the UCMJ, is the best that the solder can go by, and the UCMJ can be
interpretated and applied very liberally, depending sometimes on the mood of
the superior that brings charges against a solder.
-One thing you can be sure of, in any case, the higher the rank, the more
responsible that solder becomes for the orders they give, and the worst the
punishment generally becomes..
If someone commits unlawful acts on their own, then, the solder that
committed them becomes the sole responsible party, and all of the effects of
the unlawful act bear full weight on that person alone.
-The President of the U.S., while " Commander and Chief " and head of the
military, is a civilian, and not subject to the UCMJ, but, to Congress.
-Unless given orders to the contrary ( and this includes interpretation of
orders ), people outside of the military, can not give lawful orders to
people in the military, regardless of rank. Unfortunately when the orders "
to extend every courtesy ", " assist as needed ", or of a similar type, is
given ( as it is so frequently done ), it is left wide open to
interpretation, and you get situations were solders end up taking, what they
think are lawful orders from people outside the military let alone outside
of their Chain of Command. If this includes orders that include breaking
any of the articles in the various conventions of war, the solder is
generally the one that get's it in the neck especially if they are not able
to check with military legal council as to the lawfulness of the orders.
In history, this is were most of the worst acts, of breaking conventions of
war occur, when solders end up taking orders from people who have nothing at
stake in the situation.
-From the first day of Basic Training, a solder is taught, that if a
superior says " Jump ! ", the solder had better be on his way up before
asking " How high ? ".
* Spies and saboteurs by their very nature, are not recognized by
conventions of war as solders, and so they are treated differently than
uniformed solders of a nation, the same is generally ( but not always ) true
of people fighting as solders, if not in a recognized uniform of the nation
at war, or for that matter the uniform of the United Nations. Generally
anyone that follows the various conventions of war are generally treated as
signatories of the convention, even if their nation did not actualy sign the
convention. Terrorist, are not treated as solders of a nation, nor are
they generally accorded the rights of the conventions of war, by their acts,
that for the most part are contrary to the conventions of war.
It is my intention, not to offend anyone, what I hope to do, is that this
sheds a little light on the subject, as seen by someone, that was in the
"ranks".
Greg H.
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