There is an increasing apprehension among service members that they may be asked to carry out an illegal order, amid reports Defense Secretary Pete Hegseth ordered troops to “kill everybody” in a boat strike in September.

The concerns, reflected in an uptick in calls to the Orders Project — which provides free legal advice to military personnel — come from the likes of staff officers involved in planning the strikes on supposed drug-carrying boats and those in charge of designating those on the vessels as a threat in order to carry out such attacks.

Even as a reported Justice Department classified memo from this summer preemptively argued that U.S. troops involved in the strikes would not be in legal jeopardy, service members appear far more concerned than usual that the U.S. military may be opening them up to legal harm, according to Frank Rosenblatt, president of the National Institute of Military Justice, which runs the Orders Project.

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    Under the Nuremberg Principles, war crimes are different from crimes against peace. Crimes against peace include planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances. Because the definition of a state of “war” may be debated, the term “war crime” itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider being a state of “war”, but in areas where conflicts persist enough to constitute social instability.

    War crimes also include such acts as mistreatment of prisoners of war or civilians

    War crimes also included deliberate attacks on citizens and property of neutral states, such as the Japanese attack on Pearl Harbor. As the attack on Pearl Harbor happened while the U.S. and Japan were at peace and without a just cause for self-defense, the attack was declared by the Tokyo Trials to go beyond justification of military necessity and therefore constituted a war crime.

    From https://en.wikipedia.org/wiki/War_crime