What Next | Daily News and Analysis A Textbook Example of an Unlawful Order
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Dec 2, 2025 Retired Air Force Major General Steven J. Lepper, a former deputy legal counsel to the Joint Chiefs of Staff, delves into the legality surrounding recent military strikes in the Caribbean. He discusses the implications of targeting shipwreck survivors, labeling such orders as textbook unlawful. Highlighting a viral video urging soldiers to refuse illegal orders, Lepper critiques the administration's dismissive tone. He outlines legal obligations for service members and calls for Congressional investigations into potential war crimes, emphasizing the impact on military families.
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JAGs Present During Lethal Decisions
- Lepper recounts his experience routinely being present when commanders considered using lethal force.
- He says JAGs were always in the room where such decisions were made to prevent unlawful actions.
Guardrails Around Use Of Force Are Eroding
- Lepper argues the Pentagon's conduct shows the guardrails have been dismantled.
- He describes the Secretary of Defense as having "destroyed the guardrails" on lawful military conduct.
Refuse Patently Unlawful Orders
- Military members have an obligation to refuse unlawful orders and the law is clear on that duty.
- Lepper emphasizes that refusing illegal orders is required, not optional, in the law of armed conflict.
