Dr. Ziva Rozen-Bakher - A Researcher in International Relations and International Business with a Focus on Security and Political Risks & Economic and Strategic Risks Related to Foreign Direct Investment (FDI), International Trade and Mergers and Acquisitions (M&As)

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When Army Officers Should Refuse Orders?

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15 May 2023 at 09:19. When Army Officers Should Refuse Orders? It seems like a simple answer, but it’s not because of the ‘Gray Area’. At the legal level, any order that can lead to Genocide, War Crimes, Crimes against Humanity, Ethnic Cleansing and such, then the army officer MUST refuse the orders because the army officer could be complicated in a Court Trial in the style of the Nuremberg Trials, regardless of the moral norms to not conduct these crimes. However, the ‘Gray Area’ during wars make things more complicated, namely if the order definitely leads to War Crimes and such, then it’s more simple to refuse, but if the order perhaps may lead to War Crimes and such, then the army officer should evaluate the probability for occurring War Crimes and such - this is the ‘Gray Area’. I think that if there is a high probability for occurring War Crimes and such, then army officers should refuse orders that come from ‘irresponsible politicians’ to avoid the legal risk of a Court Trial.

Another important question is whether Army Officers can participate in a ‘Democracy Revolution’, namely to ‘Protest via Strike’ and participate in demonstrations against their own government, especially against a non-democratic government. Army officers are citizens with full political rights in a democratic country, so they have the right to protest and participate in demonstrations. Nevertheless, if I am an army officer that would like to participate in demonstrations, then perhaps I will prefer to do it in civil clothes like other workers that unlikely will come with their Work Uniform to participate in demonstrations, still, if I do not have the time to change the Work Uniform, then I think that it’s still OK to participate in demonstrations with Work Uniform, yet I think that it’s better without Work Uniform. However, the answer about 'Protesting via Strike’ by army officers is again under the ‘Gray Area’. I think that army officers should have the right to 'Protest via Strike’, especially if they get a salary for their ‘army job’, yet a ‘Strike’ in an army should not occur during an emergency situation, still, the army is always under the definition of ‘potential emergency’, so this the ‘Gray Area’. Hence, each army officer should have the ‘Red Lines’ for illegal orders, as well as the ‘Red Lines’ regarding the 'Right to Protest via Strike’ versus the 'Army Duty'. At the end of the day, Preserving Democracy is a Top Duty of each Citizen in a Democratic Country, either by a Civilian Citizen or by an Army Officer Citizen.


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International Treaties on the Laws of War

Source: Wikipedia https://en.wikipedia.org/wiki/Law_of_war

List of declarations, conventions, treaties, and judgments on the laws of war: