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132 votes
Accepted

Is it truly illegal for the US Armed Forces to hire someone whose IQ is less than 83?

Short Answer Applicants are required by military regulation to have a percentile score on a standardized test called the ASVAB that is 31 or more, which is roughly comparable to an IQ score on the ...
ohwilleke's user avatar
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53 votes
Accepted

Can a soldier be court-martialed for revealing intelligence while in duress?

2019 Manual for Courts-Martial, Rule 916(h): (h) Coercion or duress. It is a defense to any offense except killing an innocent person that the accused’s participation in the offense was caused by a ...
Nate Eldredge's user avatar
51 votes

Can a soldier refuse to carry a weapon?

Under US Army Regulation 601-210 as of 2016, conscientious objection will normally disqualify someone applying to enlist, but the disqualification can be waived. Under Army Regulation 600-43, if they ...
cpast's user avatar
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50 votes
Accepted

Can Prince Harry wear the uniforms of his former units?

By Army regulations, no, he's not allowed to wear that uniform. Prince Harry technically isn't a "retired officer". Rather, he resigned his commission in the Army, effective 19 June 2015. ...
Nate Eldredge's user avatar
47 votes
Accepted

I'm a trans woman. When can I deregister from the American draft registry?

Apparently, you cannot do this at any point, unless the law changes at some time in the future: FOR INDIVIDUALS ASSIGNED MALE AT BIRTH People who were assigned male at birth are required to ...
phoog's user avatar
  • 37.8k
44 votes
Accepted

Why isn't a draft (conscription) slavery?

The only real answer is that the US Supreme Court, in interpreting the constitution, and specifically the argument that the 13th Amendment prohibits a draft for compelled military services has ...
David Siegel's user avatar
38 votes
Accepted

Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?

Yes Providing the attack was otherwise made in accordance with the rules of war, enemy civilian leaders who are directly responsible for the prosecution of the conflict (so, the Minister of Defence, ...
Dale M's user avatar
  • 213k
35 votes
Accepted

In the U.S. must treason be tried by a military tribunal?

It is not the case that treason must be tried by a military tribunal. See for example US v. Kawakita, which was an ordinary civilian jury trial. I cannot even imagine why one would think that there is ...
user6726's user avatar
  • 215k
35 votes

How many separate judicial systems are there in the United States?

Part of the answer depends upon how you count it. Also, before one gets lost in the "trees" of the many U.S. court systems, it is important to note that the bulk of litigation of ...
ohwilleke's user avatar
  • 220k
33 votes

In the U.S. must treason be tried by a military tribunal?

Actually, the opposite is true: a military tribunal cannot try a treason case. A military tribunal can only handle cases arising from the Uniform Code of Military Justice or other laws that state ...
Mark's user avatar
  • 6,389
29 votes

Can prisoners of war be exchanged against their will?

This question is investigated here. If we take the refugee question off the table for a moment, we need only consider the Third Geneva Convention Relative to the Treatment of Prisoners of War which is ...
user6726's user avatar
  • 215k
22 votes
Accepted

Can a soldier refuse to carry a weapon?

In the UK Armed Forces, conscientious objection is grounds for a refusal at the admission stage and has been since the end of conscription in 1963. Where a person develops an objection to military ...
Richard's user avatar
  • 4,095
21 votes

Has somebody gotten major prison sentences in the US for simply deserting their post?

Eddie Slovik was executed by firing squad for desertion during World War II (the only U.S. solider to have the death sentence carried out for desertion during the war). He requested from his commander ...
Jeff Lambert's user avatar
17 votes

Has somebody gotten major prison sentences in the US for simply deserting their post?

By describing the situation with: This seems like an absolutely horrific and barbaric way to punish soldiers who, for whatever reason, felt compelled to leave their post (in this particular case, ...
Drunk Cynic's user avatar
17 votes

Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?

Technically, there is no such thing as an unconstitutional law. There are laws which have been passed, but whose unconstitutionality has not been discovered yet. But once a law is legally deemed to ...
grovkin's user avatar
  • 2,598
17 votes
Accepted

name rank and serial... against the police?

If I understand the question correctly, the captive is a US marine who was participating in a training exercise in the United States and then arrested by civilian police who were not participating in ...
phoog's user avatar
  • 37.8k
15 votes
Accepted

USAMRIID is US Military - are they allowed to deploy domestically contrary to Posse Comitatus in response to biological outbreaks?

The article "The Posse Comitatus Act..." analyzes the legal restrictions on use of military power arising from that act. Following US v. McArthur, 419 F. Supp. 186, where the act played a ...
user6726's user avatar
  • 215k
14 votes

Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?

William Calley Convicted of 22 counts of premeditated murder during the My Lai massacre, during his defence he testified: Well, I was ordered to go in there and destroy the enemy. That was my job on ...
Dale M's user avatar
  • 213k
12 votes
Accepted

Did Sokka commit the war crime of false flag? (ATLA S01E17)

No. Assuming both the Fire Nation and Water Tribes are signatories to the Geneva conventions, the rules only apply to uniformed members of the signatory member nations. Such as the water tribes have ...
hszmv's user avatar
  • 23k
11 votes
Accepted

Can the USA military be used as a police force domestically?

The use of the active duty military in a law enforcement role is not unconstitutional but it is prohibited by the posse comitatus act. 18 U.S.C. § 1385 (adopted 1878). The text of the relevant ...
ohwilleke's user avatar
  • 220k
11 votes

Can a soldier refuse to carry a weapon?

By default every male Finnish Citizen is liable for military service. The relevant law for Finland has a whole Chapter 6 about unarmed service. Basically, the person who asserts that a serious reason ...
Simppa's user avatar
  • 211
11 votes

Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?

There is an Oath of Enlistment for the military where the enlistee vows to support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true ...
user6726's user avatar
  • 215k
10 votes

Can a soldier enforce federal law?

united-states Under US law, any citizen may hold a person caught in the process of committing a felony (which kidnapping surely is) for the police. A soldier has no special authority. Indeed under ...
David Siegel's user avatar
10 votes

Does civilians' defence of their cities absolve advancing soldiers of war crimes?

Civilians taking active part in hostilities are legitimate targets This is enshrined in Rule 6 of customary International Humanitarian Law. Rule 6. Civilians are protected against attack, unless and ...
Dale M's user avatar
  • 213k
9 votes

At what point can a surrendered military force resume fighting?

Under the Geneva Convention a prisoner-of-war may lawfully resume fighting once they have successfully escaped. Under Article 91: The escape of a prisoner of war shall be deemed to have succeeded ...
Dale M's user avatar
  • 213k
9 votes
Accepted

What war crime (if any) is being committed in this fictional story?

According to the detractors, the Humans are using the POWs as Human Shields (or Meat Shields), claiming this is no different from placing POWs around a SAM battery emplacement (and that even forcing a ...
ohwilleke's user avatar
  • 220k
9 votes

Would it be legal for foreign volunteers to fight in Ukraine?

It’s legal under Ukrainian law for foreign nationals to join their defense forces Indeed, this is so common it may be considered the default position internationally: the US, UK, France, and Australia ...
Dale M's user avatar
  • 213k
8 votes
Accepted

What to do with Grandad's Top Secret documents

The documents do not belong to you or your granddad: they belong to his former employer. Contact them and ask what they want them do with them.
Dale M's user avatar
  • 213k
8 votes
Accepted

USA - Grounds for Treason / Arrests to Prevent a Coup

What Is Treason? Treason is the only crime defined in the U.S. Constitution, at Article III, Section 3 which says: Treason against the United States, shall consist only in levying war against ...
ohwilleke's user avatar
  • 220k

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