Ddseddse
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I'll add a small bit of nuance to my previous statement. The rules of war simply do not apply here wrt the people who planned and ordered the strikes (i.e. Trump Hegseth, other top brass). That is a case of murder under US law.
However the nuance here is that the Rules of War do matter in terms of the culpability of the individual seal team six members who "were just obeying orders" in executing these strikes. They do not bear any individual responsibility to determine if they are in an "armed conflict" or not. Their superior's say so is more than enough in this case to shield them from criminal responsibility for murder here. In this case they are, for all intents and purposes "acting under the rules of war".
However that does not protect anyone responsible for executing the second strike. In that case the order to kill the survivors was "clearly illegal" (in the sense that it's the actual example of a clearly illegal order cited in the damn manual) and the individual seal team six members had a duty to refuse that order.
In that case my guess is that ones that pulled the trigger on the second strike would NOT be liable for murder under US law, but can and should be court martialed under military law for (in this case) actually committing a war crime.
However the nuance here is that the Rules of War do matter in terms of the culpability of the individual seal team six members who "were just obeying orders" in executing these strikes. They do not bear any individual responsibility to determine if they are in an "armed conflict" or not. Their superior's say so is more than enough in this case to shield them from criminal responsibility for murder here. In this case they are, for all intents and purposes "acting under the rules of war".
However that does not protect anyone responsible for executing the second strike. In that case the order to kill the survivors was "clearly illegal" (in the sense that it's the actual example of a clearly illegal order cited in the damn manual) and the individual seal team six members had a duty to refuse that order.
In that case my guess is that ones that pulled the trigger on the second strike would NOT be liable for murder under US law, but can and should be court martialed under military law for (in this case) actually committing a war crime.
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