Military Lawyers Go Silent – The Cipher Brief
This article presents a strong legal and ethical critique of a recent lethal strike conducted by the U.S. military against a suspected narco-trafficker. Here’s a breakdown of the key arguments:
Illegality of the Strike: the author argues the strike was unlawful because it wasn’t conducted within the context of an ongoing armed conflict, wasn’t in self-defense against an imminent threat, and deviated from established practices of seizing and prosecuting such individuals.
Erosion of the Rule of Law: the core concern is not necessarily sympathy for the target, but the abandonment of legal principles.The author fears this sets a dangerous precedent.
Role of Military Lawyers: The article emphasizes the crucial role of military legal advisors in ensuring compliance with domestic and international law. They have a duty too provide independant, candid advice, prioritizing the Constitution and the rule of law over obedience to command.
Constitutional Duty to Disobey Unlawful Orders: The author explicitly states that loyalty to the Constitution supersedes loyalty to the President or any commander. Military lawyers have a legal and ethical obligation to advise against, and even report, clearly unlawful orders, even if they come from the President.
* Concerns about Executive Order 14215: The article points to Section 7 of Executive Order 14215 as perhaps exacerbating these concerns, suggesting it might be used to circumvent legal oversight. (The link provided leads to the full text of the executive Order.)
In essence, the article warns that this strike could represent a dangerous shift towards extrajudicial killings and a weakening of the legal constraints on U.S. military power. It highlights the obligation of military lawyers to uphold the Constitution and the rule of law, even in the face of potentially conflicting orders from superiors.
the inclusion of links to relevant resources (the Executive Order, the American Bar Association’s rules of professional conduct) strengthens the argument by providing supporting documentation. The article is clearly written from a perspective deeply concerned with legal and ethical principles in the conduct of military operations.