As a retired Army Reserve officer (major, retired in 1994), I am quite alarmed by numerous actions and threats by President Trump and Secretary of War Pete Hegseth based on my military experience of 20 years and by my reading and academic study of military and international law from World War II to this date.
The foundation of my understanding of the Rules of War under the Uniform Code of Military Justice, was written in 1948 in response to our military experience in WWII as well as Nuremburg and the Tokyo War Crimes trial. This body of military regulations has been updated in response to the military experiences in Korea, Vietnam, the Middle East, and Latin America — most pointedly the My Lai massacre and the torture episodes in Iraq, and the extrajudicial killings in Afghanistan.
The most significant element in the Rules of War is not only the opportunity but the obligation of any sworn member of the U.S. Armed Forces to refuse to follow unlawful orders. Every member of the Armed Forces is taught this principle in their initial active duty training.
Having entered the U.S. Army shortly after the Lt. Calley war crime trial, my officer basic course had multiple instructions on the obligation of an officer to follow the Geneva Convention, the International Rules of War, and the absolute obligation to refuse unlawful orders, and in fact to step in to protect subordinates from being forced to follow unlawful orders. Carrying out an unlawful order opens any member of the Armed Forces to legal jeopardy and punishment.
German and Japanese soldiers who carried out unlawful orders in WWII were criminally responsible for committing war crimes. The cry that “I was only following orders” offered no protection from criminal punishment. When six veteran members of Congress recorded a short video informing sworn members of the U.S. military of this obligation, the response by the President and the Secretary of War was that these six elected veterans were committing treason and should be executed.
Next, Secretary Hegseth has threatened to recall Capt. Mark Kelly to active duty for a Courts Martial and reduction in rank. The other five are being investigated for illegal activities by the FBI. Their crime is teaching that same lesson I was taught in the U.S. Army Officer Basic Course on July 16, 1975 by my commanding officer and a JAG commissioned officer attorney, essentially the same lesson that German and Japanese POW’s and Lt. Calley learned when they were convicted and sentenced to criminal punishment for harming the unarmed enemy when they followed unlawful orders given by a military superior.
Frank Vozak
Oak Park