Is it legal for a U.S. president to order American troops to take action that enables a genocide? I should think not. The president takes essentially the same oath of office as military members do. Its essential thrust is supporting and defending the U.S. Constitution. As the civilian commander-in-chief, the President issues orders to the military that are of course authoritative, that must be obeyed, except when those orders are illegal. So, for example, U.S. presidents shouldn’t be able to order torture, nor should they be able to issue orders that contribute to genocide, and, if they do, service members are within their rights to refuse to obey such orders. Indeed, if they put “integrity first” (the leading Air Force core value) as well as the U.S. Constitution, one might argue that should feel compelled by conscience to disobey.
It’s not an easy issue for sure, because the Biden administration claims that Israel is not prosecuting a genocide in Gaza. In fact, the Biden administration sees Israel as a vital ally to America, fully deserving of near-total U.S. support, therefore any service member who objects to orders on legal or moral grounds runs up against the full authority and weight of the chain of command.
Honestly, I’m glad I was never put in this position when I was in the U.S. military. Yet I still think about it. How would I feel as an Air Force officer loading or flying 2000-pound bombs to Israel to be dropped on Palestinians in Gaza? How would I feel as a Navy officer covering the flanks of Israel so that the IDF can concentrate its forces in murderous assaults on Gaza? How would these and similar actions be in the cause of defending America and supporting the Constitution against all enemies, foreign and domestic?
Hellbound and Down 