When the Illegal Order Comes

What to Do to Protect Your Rights and Your Integrity

The illegal order will come. Perhaps it has already. It will come, and now is the time to prepare yourself for how you will respond.
Throughout history, individuals in positions of authority have faced critical moments when they were ordered to carry out actions they knew to be illegal. These situations test one's moral compass and adherence to the law. The pressing question becomes: Will you comply, or will you resist?

The History of Illegal Orders

History provides numerous examples of the consequences of both following and resisting such directives.

• The My Lai Massacre (1968): During the Vietnam War, U.S. soldiers, under the command of Lt. William Calley, killed hundreds of unarmed Vietnamese civilians. Helicopter pilot Hugh Thompson intervened by landing his aircraft between the soldiers and the villagers, ordering his crew to protect the civilians. Thompson reported the massacre, bringing the atrocity to light.

• The Abu Ghraib Scandal (2003): U.S. military personnel engaged in the torture of prisoners in Iraq, later claiming they were following orders. Whistleblower Joe Darby exposed the abuse, leading to reforms but also subjecting himself to personal risk and harassment.

• The Nuremberg Trials (1945-1946): Post-World War II, these trials established that "just following orders" is not a defense for war crimes. Military and political leaders were held personally accountable for their actions, setting a precedent in international law.

Legal Framework: Personal Accountability

Both international and national laws emphasize that individuals are responsible for their actions, even when following orders.

• Uniform Code of Military Justice (UCMJ), Article 92: This U.S. military code mandates service members to disobey unlawful orders, with compliance potentially leading to court-martial.

• Nuremberg Principles (1950): Principle IV asserts: "The fact that a person acted pursuant to an order of his Government or of a superior does not relieve him from responsibility under international law."

• Geneva Conventions: These international treaties prohibit war crimes and hold individuals accountable, regardless of orders received.

Acts of Courage and Compliance

History highlights individuals who have either stood against or succumbed to illegal orders.

• Daniel Ellsberg and the Pentagon Papers (1971): Ellsberg leaked classified documents revealing government deception in the Vietnam War, influencing public opinion and policy.

• The Downing Street Memo (2005): This leaked British government document revealed that U.S. intelligence was being manipulated to justify the Iraq War, exposing the Bush administration’s predetermined plans for invasion.

• Frances Haugen and the Facebook Files (2021): Haugen, a former Facebook employee, exposed internal research showing that Facebook prioritized profit over public safety, knowingly allowing harmful content to spread and contributing to mental health issues among teens.

Conversely, those who followed illegal orders have faced severe repercussions.

• Lt. William Calley (My Lai Massacre): Convicted of war crimes for his role in the massacre, Calley's compliance became a cautionary tale of blind obedience.

• Nazi Officials (Nuremberg Trials): Leaders and officers were prosecuted and punished for war crimes, despite their defense of merely following orders.

Preparing for the Moment of Decision

When confronted with an illegal order, immediate and decisive action is crucial. Preparation can fortify one's resolve.

1. Know Your Rights: Understand military, national, and international laws regarding illegal orders. Resources like the GI Rights Hotline can offer guidance.

2. Build Conviction Now: Mentally rehearse scenarios and affirm your commitment to lawful conduct. Practice stating: "I cannot follow this order; it is illegal."

3. Blow the Whistle: Reporting illegal activities can prevent wrongdoing. Whistleblowers have historically played pivotal roles in exposing misconduct.

4. Use Malicious Compliance: If direct refusal is not feasible, employ tactics that delay or document the order, creating a record that can be used to challenge its legality.

5. Alert the Public: Engage with media and advocacy groups to shed light on illegal practices. Public awareness can prompt accountability and change.

The Imperative to Refuse

Legal and moral standards are unequivocal: “just following orders” is not a valid defense. Upholding personal integrity and the rule of law necessitates the refusal of illegal directives.

Prepare yourself. Stand firm. When faced with an illegal order, choose the path of courage and legality.