“military personnel not only “can refuse illegal orders”; they have an obligation to do so. Lederman also cited The Commander’s Handbook on the Law of Naval Operations, which similarly recognizes an exception to the general rule that “an order requiring the performance of a military duty to act may be inferred to be lawful, and it is disobeyed at the peril of the subordinate.” The handbook says that inference “does not apply to a patently illegal order, such as one that directs the commission of a crime.” The first example it offers—”an order directing the murder of a civilian [or] a noncombatant”—is clearly relevant to Trump’s bloodthirsty anti-drug strategy.
Trump has tried to justify that strategy in various ways: by conflating drug smuggling with violent aggression, by describing the men whose deaths he has ordered as members of “foreign terrorist organizations,” by asserting a “noninternational armed conflict,” and by preposterously claiming that “we save 25,000 lives” with each boat that is destroyed (which would add up to more than half a million deaths supposedly prevented so far). These arguments have been widely rejected by experts on the law of war.”