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Shooting sailors in the water after their boat has been sunk is literally the example the military gives of an illegal order. This was made a war crime specifically in response to Nazis doing this exact thing in WW2.
Yeah, it's how blatantly illegal it is.
With illegal things, there are always going to be lawyers who will bend over backwards and contort all the facts to try to make it seem legal. John Yoo was famous for doing that to justify literal torture. And not only did he get away with that, he's now a law professor at Berkeley. So, even if it's pretty obvious that attacking random boats on allegations of drug trafficking is illegal, it's illegal in a way that would be difficult to prove in a court of law. In the court of public opinion it's obvious, 95% of the world would say that it's absolutely obvious, and even 67% of the US would agree. But, you get a creep like John Yoo in front of a GOP judge and who knows what might happen.
But, in this case they did the thing that the actual Department of Defense’s Law of War Manual (2023) gives as an example of something that would obviously be illegal:
And that example has a footnote with both a legal case, and with an explanation:
This is so obviously against the law that they used it as an example of an illegal order. They also clearly identified the precedent. Then they spent more text in the footnote than in the paragraph itself, carefully explaining that there are some things that are just so obviously illegal that a member of the military can't pretend they didn't know it was a crime, and that shooting shipwrecked sailors is so obviously one of those that no sailor could ever claim they didn't know the order was illegal.
Holy shit is that a clear case. A sad situation, but wow, the absolute amount of clarity made me chuckle.
It is like a sketch how that piled up, and you compiled it.