Military leaders do not take their responsibility to advise and ultimately accept or refuse legal or illegal orders lightly.
General John Hyten, commander of US Strategic Command, said that he would tell President Trump if his nuclear order was illegal.
“I provide advice to the president, he will tell me what to do,” Hyten told the Halifax International Security Forum on Saturday. “And if it’s illegal, what’s going to happen? I’m gonna say, ‘Mr. President, that’s illegal.’ Guess what he’s going to do? He’s going to say, ‘What would be legal?’ And we’ll come up with options of a mix of capabilities to respond to whatever the situation is, and that’s the way it works.”
The responsibility to advise the President on the legality of his orders and, if needed, refuse to obey them, falls under the Law of Armed Conflict and the Uniform Code of Military Justice. Hyten said that he has been trained in these protocols and his responsibilities under them throughout his career.
“If you execute an unlawful order, you will go to jail. You could go to jail for the rest of your life,” Hyten said.
Today the Halifax forum will welcome General John Hyten, Commander of @US_Stratcom, as a panelist in our first Plenary session of the day titled "Nukes: The Fire and the Fury". Watch it live on our Facebook Page: https://t.co/n2A1kmLT4c pic.twitter.com/88jn5Kl7eK
— Halifax The Forum (@HFXforum) November 18, 2017
This sounds like a slight against the President, who is known for making forceful statements that many worry will exacerbate an already tense situation with North Korea. But the reality is that military members, senior leaders in particular, are bound to act in this way with any order that they receive.
In August, President Trump made statements regarding his intentions in North Korea that have lawmakers concerned about his future orders. “They will be met with fire and fury like the world has never seen,” President Trump said of North Korea.
The Senate Foreign Relations Committee heard testimony on November 14 on the authority to order the use of nuclear weapons. Retired Air Force General C. Robert Kehler, former Commander of US Strategic Command, testified. Dr. Peter D. Feaver, Professor of Political Science and Public Policy at Duke University, and The Honorable Brian McKeon, Former Acting Under Secretary for Policy at the Department of Defense, also testified.
In his testimony, General Kehler presented the same argument that General Hyten made in Halifax.
“Military members are bound by the Uniform Code of Military Justice (UCMJ) to follow orders provided they are legal and come from appropriate command authority. They are equally bound to question (and ultimately refuse) illegal orders or those that do not come from appropriate authority,” Kehler said.
Kehler continued to provide his perspective on the responsibility he had as the top military advisor on nuclear weapons, a position now held by General Hyten.
“It was our duty to pose the hard questions, if any, before proceeding with our military advice. Nuclear crew members must have complete confidence that the highest legal standards have been enforced from target selection to an employment command by the President.”
The ultimate decision to order a nuclear strike rests with the President. But military leaders do not take their responsibility to advise and ultimately accept or refuse legal or illegal orders lightly. General Kehler’s testimony before the Senate and General Hyten’s statements on Saturday reflect the seriousness with which our military commanders take this responsibility, regardless of who the President is making the order.
