Francis Chubb
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Francis Chubb
@francischubb.bsky.social
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Lawyer and Liberal Democrat 🔶 (pic is earlier guise, Berlin 1989. Because I’m an optimist really)
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dominicervolina.com Dom Ervolina @dominicervolina.com · 21h
Page 1075 of the DoD Law of War Manual:

"orders to fire upon the shipwrecked would be clearly illegal."
Third, when appropriate, service members should ask questions through appropriate channels and consult with the command legal adviser on issues relating to the law of war. 18.3.2 Refuse to Comply With Clearly Illegal Orders to Commit Law of War Violations. Members of the armed forces must refuse to comply with clearly illegal orders to commit law of war violations. In addition, orders should not be construed to authorize implicitly violations of law of war. 18.3.2.1 Clearly Illegal Orders to Commit Law of War Violations. The requirement to refuse to comply with orders to commit law of war violations applies to orders to perform conduct that is clearly illegal or orders that the subordinate knows, in fact, are illegal. For example, orders to fire upon the shipwrecked would be clearly illegal.2 Similarly, orders to 24 Refer to § 5.10.2 (Responsibility of Commanders for Implementing the Principle of Proportionality in Conducting Attacks). 25 Refer to § 18.7 (Instructions, Regulations, and Procedures to Implement and Enforce the Law of War). 26 Refer to § 18.7.2.3 (Setting Higher Standards as a Matter of Policy). 27 Judgement in Case of Lieutenants Dithmar and Boldt, Hospital Ship "Llandovery Castle" (Second Criminal Senate of the Imperial Court of Justice, Germany, Jul. 16, 1921), reprinted in 16 AJIL, 708, 721-22 (1922) ("It is certainly to be urged in favor of the military subordinates, that they are under no obligation to question the order of their superior officer, and they can count upon its legality. But no such confidence can be held to exist, if such an order is universally known to everybody, including also the accused, to be without any doubt whatever against the law. This happens only in rare and exceptional cases. But this case was precisely one of them, for in the present instance, it was perfectly clear to the accused that killing defenceless people in the life-boats could be nothing else but a breach of the law. As naval officers by profession they w
December 1, 2025 at 6:54 PM