unlawful orders
17 Articles
Thoughts for Judge Advocates in Challenging Times
Former JAGs provide principles to guide U.S. military lawyers as the U.S. armed forces faces unprecedented legal and ethical pressures.
Lessons from the Pentagon’s Empty Case Against Mark Kelly
Expert on civil-military relations writes on what's behind Secretary Pete Hegseth’s "hollow pursuit" of Senator Mark Kelly.
Legal Foundations of Honorable Military Service
As former judge advocates, it was our responsibility while on active duty to advise on the legal demands of and limits on senior officers’ authority and responsibility.
When War Crimes Rhetoric Becomes Battlefield Reality: The Slippery Slope to Total War on Iran
Former JAGs warn that threats to strike Iran’s power plants would violate the law of war and endanger U.S. service members’ legal and moral obligations.
Killing Shipwrecked Survivors is Not Just Illegal—It Endangers U.S. Servicemembers
If the United States chooses a path where killing defenseless survivors becomes acceptable, American servicemembers will pay the price for that choice.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.
Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounder
An expert backgrounder on the reported Hegseth "no quarter" order to kill everyone aboard a suspected drug boat in the Caribbean on Sept. 2.
US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists
Analysis by former career judge advocate officer and former court-martial prosecutor.
The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed
A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.
What Do Future U.S. Generals Think About Dissent, Disobedience, and Resignation?
Survey research suggests respect for civilian-control appears to be the exception, not the norm, among a significant portion of the senior military officers who participated.
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Good Governance Paper No. 21: Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact
Latest in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.