• If an order is clearly illegal, military personnel MUST refuse to follow it.
• A member of the military should challenge the person who issues the order to make them aware that it is illegal.
• Doing something illegal because you are following an order is not an excuse or legal defence for the individual.
See 6 of Clubs
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.