SECRETARY OF DEFENSE Pete Hegseth is under increasing fire for a double-tap strike, first reported by The Intercept in early September, in which the U.S. military killed two survivors of the Trump administration’s initial boat strike in the Caribbean on September 2.

The Washington Post recently reported that Hegseth personally ordered the follow-up attack, giving a spoken order “to kill everybody.” Multiple military legal experts, lawmakers, and now confidential sources within the government who spoke with The Intercept say Hegseth’s actions could result in the entire chain of command being investigated for a war crime or outright murder.

“Those directly involved in the strike could be charged with murder under the UCMJ or federal law,” said Todd Huntley, a former Staff Judge Advocate who served as a legal adviser on Joint Special Operations task forces conducting drone strikes in Afghanistan and elsewhere, using shorthand for the Uniform Code of Military Justice. “This is about as clear of a case being patently illegal that subordinates would probably not be able to successfully use a following-orders defense.”

      • Echo Dot@feddit.uk
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        6 days ago

        Although that’s not totally inappropriate (although ideally he would be prosecuted too but for so many things not just this) because it’s also their responsibility to disobey illegal orders.

  • demizerone@lemmy.world
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    7 days ago

    Y’all mother fuckers ebeying in advance. These assholes will be held accountable. Call your representatives! Don’t assume their power is so great because it’s not!

    • Formfiller@lemmy.world
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      Our representatives are literally owned by Israel and Israel loves this administration so I doubt we’ll get anything except a congressional hearing where they get a pool noodle beating for an hour or two. Why isn’t Trump in prison? That was a slam dunk case

    • smeenz@lemmy.nz
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      6 days ago

      I doubt it. Kegsbreath will just fire everyone involved in the investigation

  • Echo Dot@feddit.uk
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    What absolute moron would obey that order?

    I could see how maybe you could believe there was justification for the initial strike but there can be no justification for killing people who are now defenceless. Although why not just board the vessel and take everyone into custody, why instantly resort to deadly force, did they have information that the people on the boat were heavily armed or otherwise able to threaten a US naval vessel?

    • notgivingmynametoamachine@lemmy.world
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      I won’t claim to have researched it myself, but I’ve seen about a dozen different people quote the section of military law that talks about illegal orders that are so blatant you don’t need to check or think, they’re illegal, and the example they use is “firing upon the shipwrecked”.

      As in, the order to fire upon the shipwrecked should be immediately known to every Navy personnel as blatantly illegal as a precondition of their service.

      If you’re performing the example for an illegal order, you’re executing illegal orders.

      Edit: and I’m realizing now I responded to the wrong person.

    • warbond@lemmy.world
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      In my mind the rules are clear on that: to use deadly force there must be an imminent threat of death or serious bodily harm. Potential future harms can’t even begin to be accounted for, so the standard has to be judged with those immediate circumstances in mind.

      Even in that situation there are means to deter a threat or determine a person’s intent prior to employing any sort of lethal force. There’s nothing justifiable about this.

  • flop_leash_973@lemmy.world
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    If anyone is held accountable, it will be the person that ultimately pressed the buttons and/or their direct superior.

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    7 days ago

    Which means, as the law is being followed in the US right now, only the plebs at the bottom might be held responsible.

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    These idiots will never face consequences until the citizens get angry enough to start guillotine trials

  • Obama's Wrath@lemmy.ml
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    Yeah I hear Obama is going to be arrested for drone striking Yemeni civilians too #TrustThePlan #StayTuned #AreYouEnjoyingTheShow

  • NimaMag@lemmy.ml
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    I found this analysis from former US military lawyers: Link

    TLDR: Anyone who issued or followed these orders can and should be prosecuted for war crimes.

    Pete Hegseth questioned if the US should follow the Geneva Conventions in a book he wrote in 2024 (yikes!): Link

    That is damning.

  • Mrkawfee@lemmy.world
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    Lol, OK.

    Still waiting for heads to roll for the CIA torture programme. The only person who went to prison was the whistleblower.

    • WizardofFrobozz@lemmy.ca
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      It’s fucking comical how many Americans seem to think that the collapse of their entire legal system is just a blip and there’s a “normal” to go back to.

      It’s a bit like going to see a magician- if you catch a glimpse of how the trick is done, the spell is broken. There’s no going back. Everyone is now fully aware that accountability only exists because of shared suspension of disbelief that it might not. A new administration doesn’t fix this. Your constitution and legislation has been fully exposed as lacking enforcement measures. There isn’t any coming back from that, regardless of who’s in the big chair.

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        It’s already been collapsed for years though. Normal people don’t even get trials anymore. We get outrageously high bail amounts and plea-bargains (forced confessions, that’s what they are) so we will spend 2 years in prison instead of 5 awaiting trial.

        Want to prove your innocence even if it means spending years in pretrial jail? Guess what? They’ll end up dismissing the charges a week before your trial starts because they don’t think they’ll get a conviction. You’re not officially acquitted so the prosecutor’s success rate stays high AND you still were imprisoned for years so it’s a win-win for them.

    • NoneOfUrBusiness@fedia.io
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      Even before the USA was kaput, double tapping became typical US strategy under the Obama administration, which makes me even more confident that nobody will face any consequences for this. To try Trump they’d have to try Obama.

        • alaphic@lemmy.world
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          I really don’t understand why people (GOPers mainly, it seems) trot this line out every time there’s the “threat” of a Repub being (gasp) held accountable for something…

          We don’t fucking CARE! GOOD! Prosecute the criminals! It doesn’t matter what side they’re on politically!

          Some of us don’t hang our hat on individual cults of personality and just want the rules applied equally all the way across. Why is this so difficult to understand?

          • NoneOfUrBusiness@fedia.io
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            We don’t fucking CARE! GOOD! Prosecute the criminals! It doesn’t matter what side they’re on politically!

            You don’t care, but the people in power do. That’s the point I was making.

        • danc4498@lemmy.world
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          And……. Nothing will happen. As both commentators said and are, depressingly, probably correct.