
It shouldn’t be. It should be simple and clear cut. Soldiers are required to disobey illegal orders.
The problem is, they are also required to follow lawful orders. And if there’s a dispute, the deck is stacked very heavily in favor of the guys giving the orders, particularly when they are coming from the top. That is an especially bleak prospect with Pete Kegsbreath in command, a man who overtly rejects the idea of rules in war and embraces brutality and lawlessness. I wouldn’t be surprised if they tried to make an example out of anyone who refuses an order no matter how blatantly illegal.
And it gets a lot harder when there is a lot of gray area and incomplete information. The guy pulling the trigger doesn’t necessarily know the full intelligence assessment of the target. If their orders say that they are hitting legitimate military targets, they may not have enough information to conclude that they are about to commit a war crime. And even with all the information, it still might be unclear because, legally speaking, the difference between a legitimate and illegitimate target can come down to specific details and interpretation. When you’re fighting for your life in court and have to prove that no one with half a brain and a shred of conscience would follow that particular order, you really don’t want the answer to ‘is it a war crime?’ to be “well it depends…”
So yes, they absolutely should refuse to commit war crimes. But it’s a lot easier to say that when you aren’t the one potentially throwing their life away by taking that stand.

















Until recently, the Wisconsin state legislature was heavily gerrymandered to give Republicans supermajorities despite it being a purple state with an almost perfect 50/50 split. They were never going to let Wisconsin join since the electoral college gives their party an advantage and gives their state extremely disproportionate influence.