Anton Dostler was a German general during World War II, known for ordering the execution of fifteen American prisoners of war in 1944. He was tried for war crimes and executed by firing squad on December 1, 1945. His defense of "obeying superior orders" was rejected.
For decades, the US refused to abide by "rules" it itself established. The "rules", it seems, apply to everyone else except the US.
One of the outcomes of the Nurenberg trials after WWII is a principle promoted primarily by the US to counter the Nazi defense of some of the accused that "they were following orders".
Per Wikipedia: https://en.wikipedia.org/wiki/Superior_orders:
"Superior orders, also known as "just following orders" or "the Nuremberg defense", is a plea in a court of law that a person, whether civilian, military or police, should not be considered guilty of committing crimes ordered by a superior officer or official".
Any military or civilian personnel who face an order from their superiors to carry out "illegal" orders HAVE THE RIGHT AND DUTY TO DISOBEY such order. "Illegal" is defined as violating the victorious Allies' London Charter of the International Military Tribunal that established the Nurenberg tribunals in which a "superior orders" could no longer be sufficient to escape punishment.
In simple terms, if a soldier is ordered to carry out an act that is counter to what the tribunals deemed permissible (e.g. killing unarmed soldiers or civilians), this soldier has the right and the obligation to refuse to carry out that order. If he/she doesn't refuse and carries out the illegal act, he/she will be condemned in a court of law.
See: https://www.militarytimes.com/veterans/military-history/2025/11/19/how-a-nazi-trial-ended-the-just-following-orders-defense-for-us-troops/
Imbeciles like Trump and Hegseth are either ignorant of the law or deliberately think themselves above the law - they probably have never heard of the Nurenberg trials - and are persecuting Senator Mark Kelly for reminding US soldiers of their obligations to refuse Hegseth's or their military superior's order to kill unarmed and wounded civilians in the Caribbean.
Just like everything else that the US put in place after two devastating world wars, specifically so it is not dragged into similar wars in the future, the Donald Dumb administration is trashing principles it itself imposed on the rest of the world, from the refusal of superior orders to the establishment of the United Nations. The reasons are many, but in simple terms, whenever the US finds its political interests at odds with principles it itself laid down, the US trashes these principles. The refusal of the US to join the International Criminal Court is another example in which the US does not want its soldiers put on trial if they commit war crimes or crimes against humanity.
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Pentagon "escalating" review of Sen. Kelly over video on illegal orders
Joe Walsh
Tue, December 16, 2025
Tom Williams/CQ-Roll Call, Inc via Getty Images - Senator Mark Kelly
The Pentagon says it is "escalating" an investigation into Sen. Mark Kelly of Arizona, one of six Democratic lawmakers who recorded a video urging service members to "refuse illegal orders" — a probe that has drawn condemnation from Democrats.
The Defense Department, which the Trump administration refers to as the Department of War, said last month it was looking into whether to recall Kelly to active duty so he could face "court-martial proceedings or administrative measures."
A department official told CBS News on Monday that Secretary Pete Hegseth and the Pentagon general counsel's office were escalating that "preliminary review" to a command investigation, a type of military probe opened by a commander.
"Retired Captain Kelly is currently under investigation for serious allegations of misconduct," the official said. "Further official comments will be limited to preserve the integrity of the proceedings."
Kelly responded in a statement late Monday that it "should send a shiver down the spine of every patriotic American that the president and secretary of defense would abuse their power to come after me or anyone this way."
"If Trump and Hegseth think this will stop me from doing what I've done every day of my adult life—fighting for this country—then they've got the wrong guy," the senator said. "Tomorrow, and the next day, I will keep doing my job representing Arizona."
Attorneys representing Kelly sent Navy Secretary John Phelan a letter Monday arguing that "there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power."
Kelly's legal team will "take all appropriate legal action" if the Trump administration moves forward with any criminal or disciplinary procedures against him, the letter states.
The video that sparked the investigation into Kelly features half a dozen lawmakers — all former members of the military or intelligence community — telling current service members: "Our laws are clear: You can refuse illegal orders. … You must refuse illegal orders."
The congressional Democrats said their goal was to bring attention to some uses of the military by President Trump that they view as illegal, like his 2016 suggestion to kill the families of terrorists or his threat — still legally contested — to send troops to Chicago.
Experts say members of the military are expected not to follow "manifestly unlawful" orders, though they are required to follow lawful ones. The Trump administration has denied issuing any illegal orders.
Mr. Trump called the video "SEDITIOUS BEHAVIOR, punishable by DEATH." The lawmakers in question condemned his statements, arguing it could lead to violence. Meanwhile, Hegseth argued the message "sows doubt and confusion" in the ranks of the military.
Beyond the Pentagon's investigation into Kelly, the other five Democrats said publicly last month that the FBI opened an inquiry into them. Legal experts told CBS News last month that prosecuting the lawmakers could be extraordinarily difficult.
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