302d. Unclear or Illegal OrdersTrain soldiers not only to follow the rules of LOAC, but also how to respond to unclear or clearly illegal orders. Troops who receive unclear orders must insist,
respectfully and tactfully, on clarification. The superior should clarify the order and ensure all understand there is no intent to order a LOAC violation. If troops are comfortable asking for clarification, this indicates a healthy superior-subordinate relationship.
If the superior insists on the illegal order, the Soldier has a duty to disobey that order and report the incident
to the next superior commander, military police, CID, nearest judge advocate, or local inspector general. Obedience to orders is not a defense to war crimes. Never retaliate against Soldiers for such reports.
If wrong, it signals communication or training deficiencies. If right, it might stop a war crime.
3. Report and Address LOAC ViolationsViolations or perceived violations of LOAC can cripple US. operations. From execution of civilian villagers (My Lai, Vietnam) to detainee mistreatment (Abu
Ghraib prison, Iraq, to killing and cutting off body parts of random citizens (so-called thrill kills, Afghanistan, these incidents undermine every purpose for LOAC.
Those who violate LOAC, or order or permit others to commit violations, must beheld accountable.
a. Reportable IncidentsDoDD E, para. 3.2 defines a “reportable
incident as a possible, suspected, or alleged violation of the law of war [i.e., LOAC], for which there is credible information, or conduct during military operations other than war that would constitute a violation of the law of war if it occurred during an armed conflict.”
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