11/24/2025
There are legal precedents to support U.S. Senates' proclamation that a U.S. soldier is under no legal obligation to obey an illegal order. Most notable is the military conviction Lieutenant Calley Jr., in the 'My Lai Massacre during the Vietnam War. " Lieutenant William Calley (defendant) was present in the village and allegedly ordered and participated in numerous killings. Calley was charged with murder, and he raised the defense of superior orders. Specifically, Calley claimed that he was following an order from his superior to execute everyone in the village, including children. Calley testified that he believed that the order was lawful because (1) the villagers had supposedly been helping the enemy, (2) leaving villagers alive could jeopardize the lives of the United States troops, and (3) having prisoners would prevent the troops from being able to move to a necessary position quickly. The military judge instructed the members of the court-martial that the defense of superior orders did not apply if Calley either (1) knew that the order was unlawful or (2) should have known that the order was unlawful because a man of ordinary sense and understanding would have known that it was unlawful. Calley was convicted and appealed. The Army Court of Military Review affirmed the conviction. Calley appealed to the United States Court of Military Appeals, arguing that the military judge had used the wrong standard to determine whether Calley should have known that the order was unlawful . . ."
United States v. William L. Calley Jr. Court United States Court of Military Appeals, United States Case number 22 U.S.C.M.A. 534 / 26.875 Decision title Decision Decision date 21 December 1973 Parties United StatesWilliam L. Calley Jr. Categories War crimes Keywords Command responsibility; massacre...
