Making sound professional judgments on all matters is part of the job description of anyone involved in the military – this includes judgments on whether a war is just. However, the unlimited liability contract tells us that so long as an order is legal (even if it is suicidal or perceived as unjust) a military member is normally expected to obey it (Coleman 2015). This presents a challenge: should an individual’s conscience be able to trump superior orders regardless of whether or not they are legal?

If soldiers MUST follow orders that are legal, and they MUST consider whether any order is just: what do they do when these two things contradict? A good leader should be willing to listen to their team and their concerns. But, most military organizations will expect lawful orders to be followed regardless of individual beliefs. This makes it very important to think about potential situations before they arise.

See 3 of Clubs

Paul Robinson, ‘Selective Conscientious Objection’, in George Lucas (ed.), Routledge Handbook of Military Ethics, (Routledge, Abingdon, 2015), p77-78.

Nikki Coleman, ‘The Unlimited Liability Contract and its Effects on Serving Military Personnel’, in George Lucas (ed.), Routledge Handbook of Military Ethics, (Routledge, Abingdon, 2015), p280.

Paul Robinson, ‘Magnanimity and Integrity as Military Virtues’, Journal of Military Ethics, 6 (2007), p261-262.