Legal Question in Constitutional Law in Texas

Fate Of US Prisoners In USA Land War

Was told of a law ( might be old federal ) that in event of a USA land war, the National Guard is instructed to execute any US prisoners.

Could you help me to find if this is true and where is this law written?

thank you!


Asked on 11/30/01, 10:38 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Fate Of US Prisoners In USA Land War

As a former army and National Guard officer, I find it absurd that such an order/instruction would be given. Except for certain special operations, and extreme circumstances, it is absolutely forbidden to execute prisoners. Anyone that would follow such an order should be prosecuted. We don't accept the Nuremburg defense of "as a good german, I had to follow orders". This is something that separates us from many of our enemies. I'm not saying that our troops have never killed prisoners, but such action was/is illegal and against official policy.

Read more
Answered on 12/01/01, 7:58 am

Related Questions & Answers

More Constitutional Law questions and answers in Texas