• nyankas
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    10 hours ago

    I believe it‘s even more strict than that (insert obligatory I am not a lawyer here).

    For military commands, German soldiers must not obey orders that would constitute a criminal offense (§11(2) SG). Outside of that, the respective laws for civil servants are applicable (§11(3) SG). These laws, specifically §63 BBG, contain an obligation to object to illegal orders (Remonstrationspflicht). If a civil servant doesn‘t object, they are personally responsible for their actions.

    So it‘s not just an option to object to unlawful orders, it‘s an obligation.

    • Cocodapuf
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      6 hours ago

      This is essentially the same in the US, soldiers are required to disobey an unlawful order.

      That’s said, you had better be absolutely certain about that decision to disobey an order, because there most likely will be a hearing/court martial over any such incident. If the brass don’t see the situation the same way, you’re gonna be in a lot of trouble.

    • thebestaquaman
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      9 hours ago

      Similar law in Norway IIRC. The idea is essentially to put you (the soldier) in the situation where being threatened with punishment for disobeying the order is weighted up against the threat of punishment for obeying an unlawful order. Basically, if you’re given an order you honestly believe is illegal, it’s a lot easier to stand by a decision to face the consequences of disobeying it if you know that following the order can lead to the same, or worse, consequences.