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Comment by enoch_r

People in the military have the right, and legal duty, to refuse unlawful orders, including orders that violate the international laws of war.

They do not have the right to unilaterally decide to violate a lawful order because they think it is better for humanity at large. They do not have the right to expose classified information because they think it shouldn't be classified. They do not have the right to violate orders because they are stupid, or because they're bad policy.

They do not have the right to make those decisions because, in the US, the military is supposed to be entirely subordinate to the laws enacted by our elected officials. Not "subordinate as long as it's for the best overall." This is a good thing--when enough members of the military decide to do what's better for the country against the lawful orders of the elected government that they serve, we call it a coup.

Obviously there are grey areas. After all, the Nuremburg trials punished people for violating laws that didn't exist during the commission of the crimes. If Manning had, say, only released extremely strong evidence of war crimes, I might agree that hiding that evidence was itself unlawful. But he didn't--he released a giant trove of classified diplomatic cables and military logs. These may have been unnecessarily classified, but were not unlawfully classified. Releasing them put Manning firmly in the "violating lawful orders" camp.

parent enoch_r 13 years ago

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