Slate Daily Feed What Next | A Textbook Example of an Unlawful Order
Dec 2, 2025
Steven J. Lepper, a retired Air Force major general and former deputy legal counsel to the chairman of the Joint Chiefs of Staff, sheds light on the implications of unlawful military orders. He discusses alarming reports about a September boat strike, emphasizing how military lawyers play a critical role in preventing illegal actions. The conversation also covers the political fallout from a veterans' video reminding troops to refuse unlawful commands, and Lepper argues for the responsibility of senior officers to safeguard their subordinates from illegal orders.
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Second Strike On Survivors Is Clearly Illegal
- The Washington Post reporting suggests U.S. forces returned to kill survivors after a disabled Venezuelan boat was struck.
- Steven J. Lepper says targeting shipwreck survivors is explicitly listed as an unlawful order in the DOD Law of War Manual.
JAGs Were Always In The Targeting Room
- Lepper describes being present when commanders scrambled jets and always having a JAG in the room during targeting decisions.
- He uses his own experience to show that legal counsel normally participates in lethal-force decisions.
Refuse Patently Unlawful Orders
- Military members have a legal obligation to refuse unlawful orders and the video from veterans reiterated that black-letter law.
- Lepper framed that reminder as a public service to clarify duty and refusal rights for service members.
