Should military personnel be allowed to object to war?

  • 56 results
  • 1
  • 2

This topic is locked from further discussion.

Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#1 Ninja-Bear
Member since 2010 • 1028 Posts

Currently the government only recognises the right to not take part in war if you're a draftee and you claim to be a conscientious objector, ie someone who objects to all war in any form. If you're in the military, your options are to claim you have now become a conscientious objector, which usually results you being dishonorably discharged, or to be honest and say you aren't against war but just THIS war ie Iraq/Afghanistan or whatever it may be.

If you refuse to fight because you do not agree with the current war being fought, you face a court marshall and jail. 'Once you're in, you're in' in other words.

The problem with this, is that if it were applied to Nazi Germany the soldiers operating the death camps, they would not be allowed to object to their orders.

Veterans of multiple tours in Iraq have also refused to serve in opposition to what they had concluded over their years in service to be an immoral war effort, and have frequently been given prison sentences because of this.

And finally, the contract you must sign when you join the military is binding only on YOU, not the military, which doesn't seem fair.

So there's all the points on the table, what do you guys think?

Avatar image for Snipes_2
Snipes_2

17126

Forum Posts

0

Wiki Points

0

Followers

Reviews: 3

User Lists: 0

#2 Snipes_2
Member since 2009 • 17126 Posts

Wouldn't this fall under Freedom of Speech? I picked Cheese by the way.

Avatar image for wolverine4262
wolverine4262

20832

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#3 wolverine4262
Member since 2004 • 20832 Posts
A person in the military must obey ALL orders. Your example with what happened in Nazi Germany is somewhat flawed, as well. The average soldier was never held accountable for his actions. Only the ones in power were. These are the people who should be making objections
Avatar image for Pirate700
Pirate700

46465

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#4 Pirate700
Member since 2008 • 46465 Posts

No. It's their job.

Avatar image for branketra
branketra

51726

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 9

#5 branketra
Member since 2006 • 51726 Posts

Wouldn't this fall under Freedom of Speech? I picked Cheese by the way.

Snipes_2
Nah, once in military, the rules change.
Avatar image for deactivated-6127ced9bcba0
deactivated-6127ced9bcba0

31700

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#6 deactivated-6127ced9bcba0
Member since 2006 • 31700 Posts

You can object to it, as in voicing your disapproval of it, but once you're in you must follow orders.

Avatar image for chaddk
chaddk

108

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#7 chaddk
Member since 2008 • 108 Posts

Wouldn't this fall under Freedom of Speech? I picked Cheese by the way.

Snipes_2
You give up your rights when you enlist.
Avatar image for Sajo7
Sajo7

14049

Forum Posts

0

Wiki Points

0

Followers

Reviews: 3

User Lists: 0

#8 Sajo7
Member since 2005 • 14049 Posts
Since we don't have any draftees I'd say an objector doesn't have much of a case. Unless he is asked to do something illegal (i.e. torture).
Avatar image for mutual-assassin
mutual-assassin

167

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#9 mutual-assassin
Member since 2008 • 167 Posts

I wouldn't imagine anyone joining the military thinking they could some day leave because they didn't agree with the war. It's their actions during the war which they must consider, the needless slaughter of innocents etc.

Avatar image for CAWZY
CAWZY

121

Forum Posts

0

Wiki Points

0

Followers

Reviews: 25

User Lists: 0

#10 CAWZY
Member since 2009 • 121 Posts

If you dont like the idea of following the orders of your commanding officer and trusting thier decisions, dont join the military. Thats part of being a solider...its a different kind of life. If you cant handle that part of being a soldier, then you shouldnt be one.

Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#11 Ninja-Bear
Member since 2010 • 1028 Posts
A person in the military must obey ALL orders. Your example with what happened in Nazi Germany is somewhat flawed, as well. The average soldier was never held accountable for his actions. Only the ones in power were. These are the people who should be making objectionswolverine4262
That's what i mean, the average soldier SHOULD be accountable for their actions. A change in the law would allow a person to object to their orders, rather than carrying them out because they have to.
Avatar image for Snipes_2
Snipes_2

17126

Forum Posts

0

Wiki Points

0

Followers

Reviews: 3

User Lists: 0

#12 Snipes_2
Member since 2009 • 17126 Posts
[QUOTE="Snipes_2"]

Wouldn't this fall under Freedom of Speech? I picked Cheese by the way.

chaddk
You give up your rights when you enlist.

Oh, I don't know anyone that was in the military.
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#13 Ninja-Bear
Member since 2010 • 1028 Posts

I wouldn't imagine anyone joining the military thinking they could some day leave because they didn't agree with the war. It's their actions during the war which they must consider, the needless slaughter of innocents etc.

mutual-assassin
That is one of the reasons that a vet refused to go on a third tour. He said he had witnessed the torture of captives regularly and didn't want to be a part in it any more.
Avatar image for jun_aka_pekto
jun_aka_pekto

25255

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#14 jun_aka_pekto
Member since 2010 • 25255 Posts

No.

If you're a GI, the military owns you 24/7. You want to object? Wait until your enlistment is up and get discharged. Then you can object all you want.

Edit: There's still Rules of Engagement and a Code of Conduct to follow. Some think they're just propaganda and that's where the problem starts.

Avatar image for wolverine4262
wolverine4262

20832

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#15 wolverine4262
Member since 2004 • 20832 Posts
[QUOTE="wolverine4262"]A person in the military must obey ALL orders. Your example with what happened in Nazi Germany is somewhat flawed, as well. The average soldier was never held accountable for his actions. Only the ones in power were. These are the people who should be making objectionsNinja-Bear
That's what i mean, the average soldier SHOULD be accountable for their actions. A change in the law would allow a person to object to their orders, rather than carrying them out because they have to.

Thats just a bad idea. The average soldier should never have such a burden. Thinking about accountability should be the last thing on their mind.
Avatar image for Bourbons3
Bourbons3

24238

Forum Posts

0

Wiki Points

0

Followers

Reviews: 5

User Lists: 0

#16 Bourbons3
Member since 2003 • 24238 Posts
They can object by resigning. I wouldn't disagree with their opposition to a war, but if they're a member of the armed forces, its their job to follow orders. If that doesn't sit comfortably with someone in particular, they should leave.
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#17 Ninja-Bear
Member since 2010 • 1028 Posts
[QUOTE="Ninja-Bear"][QUOTE="wolverine4262"]A person in the military must obey ALL orders. Your example with what happened in Nazi Germany is somewhat flawed, as well. The average soldier was never held accountable for his actions. Only the ones in power were. These are the people who should be making objectionswolverine4262
That's what i mean, the average soldier SHOULD be accountable for their actions. A change in the law would allow a person to object to their orders, rather than carrying them out because they have to.

Thats just a bad idea. The average soldier should never have such a burden. Thinking about accountability should be the last thing on their mind.

You're accountable for your actions in any other job. You should not be able to break the law because you were following orders. If it's illegal, the order should be void.
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#18 Ninja-Bear
Member since 2010 • 1028 Posts
They can object by resigning. I wouldn't disagree with their opposition to a war, but if they're a member of the armed forces, its their job to follow orders. If that doesn't sit comfortably with someone in particular, they should leave.Bourbons3
You cant just up and quit the army though.
Avatar image for ElZilcho90
ElZilcho90

6157

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

#19 ElZilcho90
Member since 2006 • 6157 Posts
The concept is, when you enlist, you forfeit your right to object. Conscientious Objectors are not allowed to join the military. Therefore, you cannot escape punishment if you refuse to deploy because you object to a war. However, if you feel so strongly that a war is not moral or just, you can refuse to participate. You'll be punished, but I admire the man who believes so strongly as to accept the consequences of their refusal. For example, draft dodgers who left for Canada: I don't agree with them, but I admire their adherence to their beliefs. Unless they came back after the war. Those guys are cowards.
Avatar image for bigboss1203
bigboss1203

1885

Forum Posts

0

Wiki Points

0

Followers

Reviews: 10

User Lists: 0

#20 bigboss1203
Member since 2009 • 1885 Posts

I dont say why they shouldnt, like the poll said its their right to object war.

Avatar image for wolverine4262
wolverine4262

20832

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#21 wolverine4262
Member since 2004 • 20832 Posts
[QUOTE="Ninja-Bear"] You're accountable for your actions in any other job. You should not be able to break the law because you were following orders. If it's illegal, the order should be void.

Your logic just does not make sense. Their job is to follow orders. Its not their fault if those orders are unjust or illegal. If military personnel had to worry about such things, the tough jobs would never get done. An effective military force is one that follows orders w/o question. It is not their job to determine what is right or wrong. A military unit is a collective, not an individual.
Avatar image for mrbojangles25
mrbojangles25

60619

Forum Posts

0

Wiki Points

0

Followers

Reviews: 11

User Lists: 0

#22 mrbojangles25
Member since 2005 • 60619 Posts

Yes, and they often do. Many military personal have objected to the war in Iraq, with even more objectiving to how it is being conducted

Furthermore, iirc, there is a statute (or whatever you cal it) in military law saying that if a soldier is given orders that violate certain things, they do not have to follow them.

The military is only a dictatorship on the surface...if someone tells you to scrub the crap off a toilet, you have to do it. But if someone tells you to bomb an area with civilians and enemy presence is questionable, you can say "screw you"

Avatar image for coolbeans90
coolbeans90

21305

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#23 coolbeans90
Member since 2009 • 21305 Posts

Well, if they object to war, they probably shouldn't sign up for the job.

Avatar image for inuyasha12
inuyasha12

28053

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#24 inuyasha12
Member since 2003 • 28053 Posts

Yes it's there life they are putting on the line for there country and I don't thank they should be forced to get themselves injured or kill for something they don't agree with.

Avatar image for ElZilcho90
ElZilcho90

6157

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

#25 ElZilcho90
Member since 2006 • 6157 Posts

I dont say why they shouldnt, like the poll said its their right to object war.

bigboss1203
This only holds up if you ignore the fact that our is an all-volunteer Army. These individuals volunteered to serve in the Army. The consequences of that decision include the possibility of being sent to war. They knew this going in and they signed the paperwork. As I said, if a Soldier so objects to the Iraq War that they wish to refuse to deploy, it's certainly their right to do so. But they must be willing to accept the consequences of their actions.
Avatar image for Vandalvideo
Vandalvideo

39655

Forum Posts

0

Wiki Points

0

Followers

Reviews: 16

User Lists: 0

#26 Vandalvideo
Member since 2003 • 39655 Posts
[QUOTE="wolverine4262"][QUOTE="Ninja-Bear"] You're accountable for your actions in any other job. You should not be able to break the law because you were following orders. If it's illegal, the order should be void.

Your logic just does not make sense. Their job is to follow orders. Its not their fault if those orders are unjust or illegal. If military personnel had to worry about such things, the tough jobs would never get done. An effective military force is one that follows orders w/o question. It is not their job to determine what is right or wrong. A military unit is a collective, not an individual.

It would be great if the law agreed with you. Unfortunately, the Martens Clause disagrees with you.
Avatar image for topsemag55
topsemag55

19063

Forum Posts

0

Wiki Points

0

Followers

Reviews: 16

User Lists: 0

#27 topsemag55
Member since 2007 • 19063 Posts

The only order you can withstand is an illegal order.

Other than that, you should not enlist if you can't handle war.:)

Avatar image for LikeHaterade
LikeHaterade

10645

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#28 LikeHaterade
Member since 2007 • 10645 Posts

If you have a problem with this, then don't join the military. They are choosing to sign their life away. This is one of the primary reasons why I'm against joining the military.

Avatar image for KungfuKitten
KungfuKitten

27389

Forum Posts

0

Wiki Points

0

Followers

Reviews: 42

User Lists: 0

#29 KungfuKitten
Member since 2006 • 27389 Posts
I can imagine trusting others to have better judgement might be the right thing to do, sometimes. Of course, it has its limits. I think they want to prevent many people reaping benefits from military training and then quitting when being called for.
Avatar image for KungfuKitten
KungfuKitten

27389

Forum Posts

0

Wiki Points

0

Followers

Reviews: 42

User Lists: 0

#30 KungfuKitten
Member since 2006 • 27389 Posts

BTW i find it very hard to trust someone else to do his/her job correctly. So especially when it comes to life/death, i don't put myself in such position.

Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#31 Frattracide
Member since 2005 • 5395 Posts

[QUOTE="Ninja-Bear"] You're accountable for your actions in any other job. You should not be able to break the law because you were following orders. If it's illegal, the order should be void.wolverine4262
Your logic just does not make sense. Their job is to follow orders. Its not their fault if those orders are unjust or illegal. If military personnel had to worry about such things, the tough jobs would never get done. An effective military force is one that follows orders w/o question. It is not their job to determine what is right or wrong. A military unit is a collective, not an individual.

Military member have to follow LAWFULL orders. Officers can't give a person an order to commit or take part in genocide or torture or any other thing that is illegal IAW the Hauge or Geneva conventions.

Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#32 Ninja-Bear
Member since 2010 • 1028 Posts
[QUOTE="wolverine4262"][QUOTE="Ninja-Bear"] You're accountable for your actions in any other job. You should not be able to break the law because you were following orders. If it's illegal, the order should be void.

Your logic just does not make sense. Their job is to follow orders. Its not their fault if those orders are unjust or illegal. If military personnel had to worry about such things, the tough jobs would never get done. An effective military force is one that follows orders w/o question. It is not their job to determine what is right or wrong. A military unit is a collective, not an individual.

Disagree by all means, but please, can we stop saying my 'logic' is flawed or doesn't make any sense? If you dont agree with it fine, but there's nothing about it which 'doesn't make sense'. It's a very simple point: Your job is to follow orders, but if the orders are ILLEGAL they should be void, and as such you should be able to refuse to carry them out. An effective military does not need soldiers who carry out order without question, an immoral military does. Provided your orders and not illegal you have no problem do you?
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#33 Ninja-Bear
Member since 2010 • 1028 Posts
[QUOTE="bigboss1203"]

I dont say why they shouldnt, like the poll said its their right to object war.

ElZilcho90
This only holds up if you ignore the fact that our is an all-volunteer Army. These individuals volunteered to serve in the Army. The consequences of that decision include the possibility of being sent to war. They knew this going in and they signed the paperwork. As I said, if a Soldier so objects to the Iraq War that they wish to refuse to deploy, it's certainly their right to do so. But they must be willing to accept the consequences of their actions.

This isn't what i'm talking about though. I'm not talking about a conscientious objector who objects to ALL WAR; the military allows such people to drop out or not join in the first place. So the point of 'you knew you might get sent to war when you joined up' isn't valid here, as people who object may be perfectly ok with war but just object to one particular conflict. That is what the military wont allow. The Iraq war for example, by practically every definition, was an illegal one. People might be more than willing to fight and die for their country, and have happily fought for it in the past, but when asked to fight in a war which they feel should not have been started decide that they cannot do so morally. For that you would be jailed.
Avatar image for Vandalvideo
Vandalvideo

39655

Forum Posts

0

Wiki Points

0

Followers

Reviews: 16

User Lists: 0

#34 Vandalvideo
Member since 2003 • 39655 Posts
[QUOTE="Ninja-Bear"] Your job is to follow orders, but if the orders are ILLEGAL they should be void, and as such you should be able to refuse to carry them out. An effective military does not need soldiers who carry out order without question, an immoral military does. Provided your orders and not illegal you have no problem do you?

So how does Joe Soldier determine if an order is legal or not? It isn't like an MP is always standing by to give expedient counsel.
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#35 Ninja-Bear
Member since 2010 • 1028 Posts
[QUOTE="Vandalvideo"][QUOTE="Ninja-Bear"] Your job is to follow orders, but if the orders are ILLEGAL they should be void, and as such you should be able to refuse to carry them out. An effective military does not need soldiers who carry out order without question, an immoral military does. Provided your orders and not illegal you have no problem do you?

So how does Joe Soldier determine if an order is legal or not? It isn't like an MP is always standing by to give expedient counsel.

I'm talking about basic crimes against humanity; torture, intentional murder of unarmed individuals etc. The vast majority of military personnel who refused to participate in Iraq for a second tour did so citing objections against interrogation techniques.
Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#36 Frattracide
Member since 2005 • 5395 Posts

[QUOTE="Ninja-Bear"] Your job is to follow orders, but if the orders are ILLEGAL they should be void, and as such you should be able to refuse to carry them out. An effective military does not need soldiers who carry out order without question, an immoral military does. Provided your orders and not illegal you have no problem do you?Vandalvideo
So how does Joe Soldier determine if an order is legal or not? It isn't like an MP is always standing by to give expedient counsel.

They learn the ROEs and follow them. Its not that hard.

Avatar image for ElZilcho90
ElZilcho90

6157

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

#37 ElZilcho90
Member since 2006 • 6157 Posts

The Iraq war for example, by practically every definition, was an illegal one. People might be more than willing to fight and die for their country, and have happily fought for it in the past, but when asked to fight in a war which they feel should not have been started decide that they cannot do so morally. For that you would be jailed. Ninja-Bear

Your argument hinges on this supposed fact. In reality, there is no consensus that the Iraq War was an illegal one. It may be your personal opinion, but by no means has it been declared illegial "by practically every defintion". Show me any sort of international, binding court ruling that declared the Iraq War to be illegal.

Regardless, it is not the individual soldier's right to define the legality of a war because they do not make the decisions on when war is declared. Their responsibility is to execute the orders of their superiors, ranging all the way to the Commander in Chief. If they refuse these orders, they should expect to face the consequences.

Avatar image for Vandalvideo
Vandalvideo

39655

Forum Posts

0

Wiki Points

0

Followers

Reviews: 16

User Lists: 0

#38 Vandalvideo
Member since 2003 • 39655 Posts

[QUOTE="Vandalvideo"][QUOTE="Ninja-Bear"] Your job is to follow orders, but if the orders are ILLEGAL they should be void, and as such you should be able to refuse to carry them out. An effective military does not need soldiers who carry out order without question, an immoral military does. Provided your orders and not illegal you have no problem do you?Frattracide

So how does Joe Soldier determine if an order is legal or not? It isn't like an MP is always standing by to give expedient counsel.

They learn the ROEs and follow them. Its not that hard.

If there is one thing the law teaches you, its that tight nit rules are not so easy to apply in every single situation that may arise. Ultimately, the agent will have to apply those rules using an exercise in logic to determine if a given rule applies to a given scenario. Rules are always inherently suspect in law because they aren't terribly applicable to particular instances. This is why we are a common law country, not a civil law country. Even the most simply written laws can have the most profound argumentations behind them concerning interpretation. I could spend twenty pages discussing the different interpretations one could have behind "Thou shalt not commit adultery".
Avatar image for 67gt500
67gt500

4627

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 0

#39 67gt500
Member since 2003 • 4627 Posts
A person in the military must obey ALL orders. Your example with what happened in Nazi Germany is somewhat flawed, as well. The average soldier was never held accountable for his actions. Only the ones in power were. These are the people who should be making objectionswolverine4262
Not entirely true - John Demjanjuk was just an 'average soldier' - a guard at one of the death camps - and he's being re-tried for warcrimes...
Avatar image for IPWNDU2
IPWNDU2

2535

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#40 IPWNDU2
Member since 2006 • 2535 Posts

Follow orders or be shot!

Avatar image for 67gt500
67gt500

4627

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 0

#41 67gt500
Member since 2003 • 4627 Posts

[QUOTE="Ninja-Bear"] The Iraq war for example, by practically every definition, was an illegal one. People might be more than willing to fight and die for their country, and have happily fought for it in the past, but when asked to fight in a war which they feel should not have been started decide that they cannot do so morally. For that you would be jailed. ElZilcho90

Your argument hinges on this supposed fact. In reality, there is no consensus that the Iraq War was an illegal one. It may be your personal opinion, but by no means has it been declared illegial "by practically every defintion". Show me any sort of international, binding court ruling that declared the Iraq War to be illegal.

Regardless, it is not the individual soldier's right to define the legality of a war because they do not make the decisions on when war is declared. Their responsibility is to execute the orders of their superiors, ranging all the way to the Commander in Chief. If they refuse these orders, they should expect to face the consequences.

There is, actually, considerable International concensus that the Iraq war is illegal - "That document was drafted and signed by the world's foremost international law experts -- the prestigious International Commission of International Law Jurists -- to provide ultimate proof of their authoritative opinion concerning the legal status of war against Iraq. Furthermore, this large body of eminent international law experts explicitly stated that they'd drafted their legal document in order to advise Messrs. Bush and Blair prior to the invasion: (1) that it would be blatantly illegal under international law for the Anglo-American belligerents to invade Iraq; and (2) that their joint decision as Commanders-in-Chief to commence hostilities would constitute prosecutable war crimes.
Avatar image for Ninja-Bear
Ninja-Bear

1028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#42 Ninja-Bear
Member since 2010 • 1028 Posts

[QUOTE="Ninja-Bear"] The Iraq war for example, by practically every definition, was an illegal one. People might be more than willing to fight and die for their country, and have happily fought for it in the past, but when asked to fight in a war which they feel should not have been started decide that they cannot do so morally. For that you would be jailed. ElZilcho90

Your argument hinges on this supposed fact. In reality, there is no consensus that the Iraq War was an illegal one. It may be your personal opinion, but by no means has it been declared illegial "by practically every defintion". Show me any sort of international, binding court ruling that declared the Iraq War to be illegal.

Regardless, it is not the individual soldier's right to define the legality of a war because they do not make the decisions on when war is declared. Their responsibility is to execute the orders of their superiors, ranging all the way to the Commander in Chief. If they refuse these orders, they should expect to face the consequences.

1) My argument does not hinge on any fact. Iraq is just an example. Any illegal war presents the same problem for a serving soldier. 2) By literally ANY international legal definition the Iraq War is illegal. If it weren't for the fact that it was America and the UK embarking on it, the UN would have imposed sanctions against it. 3) That is where we disagree. You think a soldier should just do what they're told regardless. I believe in the importance of the individual, and if your superiors task you with doing something you feel is fundamentally wrong, you should have the right to refuse.
Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#43 Frattracide
Member since 2005 • 5395 Posts

If there is one thing the law teaches you, its that tight nit rules are not so easy to apply in every single situation that may arise. Ultimately, the agent will have to apply those rules using an exercise in logic to determine if a given rule applies to a given scenario. Rules are always inherently suspect in law because they aren't terribly applicable to particular instances. This is why we are a common law country, not a civil law country. Even the most simply written laws can have the most profound argumentations behind them concerning interpretation. I could spend twenty pages discussing the different interpretations one could have behind "Thou shalt not commit adultery". Vandalvideo

We aren't talking about Laws of society. We are talking about Rules of engagement. Those rules are based off accords that the US follows in times of war. Sure sometimes things are hazy and when that happens you just have to make a judgement call but are you seriously trying to suggest that if you are being shot at you would have a hard time determining if you had the legal right to shoot back?

Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#44 Frattracide
Member since 2005 • 5395 Posts

2) By literally ANY international legal definition the Iraq War is illegal. If it weren't for the fact that it was America and the UK embarking on it, the UN would have imposed sanctions against it. Ninja-Bear

What makes the war illegal?

Avatar image for 67gt500
67gt500

4627

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 0

#45 67gt500
Member since 2003 • 4627 Posts

[QUOTE="Ninja-Bear"]

Frattracide

2) By literally ANY international legal definition the Iraq War is illegal. If it weren't for the fact that it was America and the UK embarking on it, the UN would have imposed sanctions against it.

What makes the war illegal?

Apparently baselessly attacking another sovereign nation, without the sanction of the UN, is against International Law...

Avatar image for Vandalvideo
Vandalvideo

39655

Forum Posts

0

Wiki Points

0

Followers

Reviews: 16

User Lists: 0

#46 Vandalvideo
Member since 2003 • 39655 Posts
We aren't talking about Laws of society. We are talking about Rules of engagement. Those rules are based off accords that the US follows in times of war. Sure sometimes things are hazy and when that happens you just have to make a judgement call but are you seriously trying to suggest that if you are being shot at you would have a hard time determining if you had the legal right to shoot back? Frattracide
If I were to be the most prudent individual that I ought to be, then yes; it would hamper my ability to act if I am even to gauge the legality of a given act while performing that act. For, as a soldier, I do not have complete access to the set of facts at any given moment to help me go through the rigorous logical process of determining if a given instance conforms with the rules that have been laid out. To perceive to be fired at does not seem sufficient in all instances to justify shooting back.
Avatar image for 67gt500
67gt500

4627

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 0

#47 67gt500
Member since 2003 • 4627 Posts
[QUOTE="Frattracide"]We aren't talking about Laws of society. We are talking about Rules of engagement. Those rules are based off accords that the US follows in times of war. Sure sometimes things are hazy and when that happens you just have to make a judgement call but are you seriously trying to suggest that if you are being shot at you would have a hard time determining if you had the legal right to shoot back? Vandalvideo
If I were to be the most prudent individual that I ought to be, then yes; it would hamper my ability to act if I am even to gauge the legality of a given act while performing that act. For, as a soldier, I do not have complete access to the set of facts at any given moment to help me go through the rigorous logical process of determining if a given instance conforms with the rules that have been laid out. To perceive to be fired at does not seem sufficient in all instances to justify shooting back.

That and the fact that there are somewhere in the area of one million Iraqi civilian dead, are pretty compelling arguments against the effectiveness of the so-called ROE's as they presently stand...
Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#48 Frattracide
Member since 2005 • 5395 Posts

[QUOTE="Frattracide"]

[QUOTE="Ninja-Bear"] 2) By literally ANY international legal definition the Iraq War is illegal. If it weren't for the fact that it was America and the UK embarking on it, the UN would have imposed sanctions against it. 67gt500

What makes the war illegal?

Apparently baselessly attacking another sovereign nation, without the sanction of the UN, is against International Law...

If by baseless you mean to enforce UN sanctions against Iraq. . .

Avatar image for 67gt500
67gt500

4627

Forum Posts

0

Wiki Points

0

Followers

Reviews: 9

User Lists: 0

#49 67gt500
Member since 2003 • 4627 Posts
[QUOTE="Frattracide"]

[QUOTE="67gt500"]

[QUOTE="Frattracide"]

What makes the war illegal?

Apparently baselessly attacking another sovereign nation, without the sanction of the UN, is against International Law...

If by baseless you mean to enforce UN sanctions against Iraq. . .

That, and making baseless, unsubstantiated claims that a country is in possession of weapons that they are in fact, not...
Avatar image for Frattracide
Frattracide

5395

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#50 Frattracide
Member since 2005 • 5395 Posts

[QUOTE="Frattracide"]We aren't talking about Laws of society. We are talking about Rules of engagement. Those rules are based off accords that the US follows in times of war. Sure sometimes things are hazy and when that happens you just have to make a judgement call but are you seriously trying to suggest that if you are being shot at you would have a hard time determining if you had the legal right to shoot back? Vandalvideo
If I were to be the most prudent individual that I ought to be, then yes; it would hamper my ability to act if I am even to gauge the legality of a given act while performing that act. For, as a soldier, I do not have complete access to the set of facts at any given moment to help me go through the rigorous logical process of determining if a given instance conforms with the rules that have been laid out. To perceive to be fired at does not seem sufficient in all instances to justify shooting back.

Here is the ROE (We'll call it ROE 1): You have the inherent right to self defense.

Here is the scenario: Someone is trying to kill you. Assume you have the capability to fight back.

Given the scenario, do you have the right, per ROE 1, to fight back.

There is no perception here. If you can fight back, then you haveacquired and identified your target. This is not a rigorous logical process. It is an almost instant determination.