> Two survivors of the initial attack later appeared to wave at the aircraft after clambering aboard an overturned piece of the hull, before the military killed them in a follow-up strike that also sank the wreckage. It is not clear whether the initial survivors knew that the explosion on their vessel had been caused by a missile attack.
> The Pentagon’s own manual on the laws of war describes a scenario similar to the Sept. 2 boat strike when discussing when service members should refuse to comply with unlawful orders. “For example,” the manual says, “orders to fire upon the shipwrecked would be clearly illegal.”
It seems extremely relevant. Your argument suggests the president need only appoint a subordinate who will themselves give the desired illegal order without the president's public command. In the unlikely event the subordinate is called to account, the president can simply pardon them.
This is certainly not a hypothetical "parade of horribles", since Trump has already pardoned military officers convicted of war crimes.[1]
War crimes sounds scary as a whole mess of badness, but which one is kind of material. Eg Obama's drone strikes and CIA torture likely count as war crimes, though no court has actually tried him for them, so it's hard to get worked up about Navy Seals (whos job it is to go into war zones and do war-type things) having generically having committed war crimes. Did they rape women and babies, or did they shoot the wrong person in the dark of night who it turns out wasn't actually a threat.
> Gallagher was the subject of a number of reports from fellow SEAL team members, stating that his actions were not in keeping with the rules of war, but these reports were dismissed by the SEAL command structure.
> Other snipers said they witnessed Gallagher taking at least two militarily pointless shots, shooting and killing an unarmed elderly man in a white robe as well as a young girl walking with other girls.
Murdered a prisoner, and was shitty enough his fellow SEALs were uncomfortable enough to complain. Pardoned eventually, by Trump.
