18.3.2 Refuse to Comply With Clearly Illegal Orders to Commit Law of War Violations.
Members of the armed forces must refuse to comply with clearly illegal orders to commit law of war violations. In addition, orders should not be construed to authorize implicitly violations of law of war.
18.3.2.1 Clearly Illegal Orders to Commit Law of War Violations.
The requirement to refuse to comply with orders to commit law of war violations applies to orders to perform conduct that is clearly illegal or orders that the subordinate knows, in fact, are illegal. For example, orders to fire upon the shipwrecked would be clearly illegal.27