Military Law,
Constitutional Law
Jan. 14, 2026
Is 'I was just following orders' a valid legal defense for military members?
From Nuremberg to My Lai, the "just following orders" defense has failed in U.S. and international law. So, when must servicemembers disobey?
Dan Jacobson
Attorney
Jacobson & Associates
Phone: (714) 505-4872
Email: dlj@jacobsonlawyers.com
Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.
American forces first bombed Venezuela just as this article was being completed. The legality of that bombing is outside the ambit of this article. The subject matter of this article is the defense of "I was just following orders," the discussion of which begins at the second headnote, below. However, because the subject of the legality of such an attack is somewhat "adjacent" to the subject of this a...
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