Lesson from My Lai on unlawful orders

To the Editor;

In response to a letter by Richard de Grasse, concerning failure to obey orders leading to mutiny: As a Vietnam era vet, post-My Lai Massacre, I received much training on what “illegal orders” consist of. And they should in no way be construed as mutiny. I urge Mr. de Grasse to read the military law.

In the case of My Lai, Lt. William Calley told his superior officer, Capt. Edwin Medina, that he only had old men, women and children rounded up. Medina replied that he wanted a body count. But for the intervention of a Huey pilot and his door gunner that intervened, the massacre could have been much worse. 

Calley was under house arrest at Fort Benning while I was there. Medina, who was able to afford F. Lee Bailey for an attorney, got off free. 

Refusing a lawful order is a serious offense and can lead to punishment, such as court-martial. However, refusing an unlawful order is protected, though the legality of an order can be complex and is not always clear in the moment. 

An order is unlawful if it violates the Constitution, U.S. laws, lawful superior orders, or is beyond the authority of the person giving it. Unlawful orders include orders to commit torture, harm civilians, falsify records, or engage in unauthorized domestic law enforcement actions.

Military law includes a strong presumption that orders are lawful, and service members are expected to follow them unless the illegality is obvious.

George Hartmann

Lagrange