Breaking Ranks?
Breaking Ranks?
by Lieutenant Colonel Paul Yingling
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There is no constitutional principle more important to a democracy than civilian control of the military. Unless the armed guardians of the state remain strictly subordinate to civil authority, no other liberty can long remain safe. In “Breaking Ranks: Dissent and the Military Professional,” (Joint Force Quarterly) Lt. Col. Andrew Milburn challenges this vital constitutional principle, arguing that “there are circumstances under which a military officer is not only justified but also obligated to disobey a legal order.”
Milburn bases this argument on three propositions. First, that a military officer’s commission and professional standing “grant him moral autonomy and obligate him to disobey an order he deems immoral.” Importantly, Milburn defines an immoral order as one “likely to harm the institution writ large—the Nation, military, and subordinates.” Second, that “the military professional’s obligation to disobey is an important check and balance in the execution of policy.” Finally, that “the military officer must understand that this dilemma demands either acceptance of responsibility or wholehearted disobedience.”
The first proposition elevates military officers to the status of morally autonomous actors ultimately accountable only to their own consciences. Unlike other government officials, Milburn’s military professional may substitute his judgment for the will of the public as expressed in law and the lawful orders of elected or appointed leaders. The benchmark by which Milburn’s morally autonomous professional makes such a judgment is the individual officer’s morality. Milburn’s moral criteria are particularly interesting — the wellbeing of the Nation, the military and subordinates are co-equal priorities. Indeed, Milburn asserts that military officers have “sworn to defend the Constitution and safeguard the welfare of his subordinates.”
Download the Full Article: Breaking Ranks?
Lieutenant Colonel Paul L. Yingling is an Army officer who has served three tours of duty in Iraq and is currently a professor of security studies at the George C. Marshall Center in Garmisch, Germany. The views expressed here are the author’s own and do not necessarily reflect those of the Army or Defense Department.
