Sorry, Roberto, but war is a "legal" and historically-common way for sovereign nations to resolve their conflicts. War is killing, but murder must be defined as illegal killing.Roberto wrote:Exactly.Scott Smith wrote:It was certainly morally wrong but it was not an execution of "illegal orders." As HaEn noted, Orders Are Orders, Sir.David Thompson wrote:well over 17 soldiers from the 101st Police Reserve Battalion refused to execute illegal orders to shoot the Jews of Jozefow, Poland, and were assigned to other duties.
If a sovereign nation pronounces murder to be legal, it is legal.
In the military a lot of orders are things that we don't want to do and may even violate our sense of morality, but orders are still orders. A person must obey his orders unless they are illegal as defined by a higher authority than the commanders giving the orders. For example, it would obviously be illegal to order soldiers to rape people, which is against military and civilian law and not a standard military weapon; but it is not so clearcut about "killing people and breaking things," because that is what soldiers do.
Sovereign nations are the "Law," my pious Member-of-the-Bar. They decide what is lawful and what isn't, including how to fight wars, and especially, who is the enemy.If a sovereign nation rules that a certain group of people does not deserve to live and will thus be bumped off wherever found, killing as many members of that group as possible is the lawful thing to do.
Interesting point of view.
Hear the screws dropping to the floor?
Anyway, Law and Morality are two different concepts.
Something might be morally-wrong and legal, and something might be illegal and not morally-wrong. It all depends upon the definitions. The definition of what is "lawful" is made by the State and the military in wartime.
If the government wants me to napalm a village full of innocent people, that may be morally-wrong. It may also be an "illegal order," depending on how military-law is determined. But morality and the law do not necessarily coincide. I know that is hard for lawyers to accept.
I wouldn't want to be in a position where I was ordered to undertake military operations that I belived to be morally-wrong, whether "legal" or not.