Obedience That Thinks Along

In April 2003, shortly after the start of the Iraq war, a major in the Bundeswehr refused two written orders. Among other things, they required him to continue work on a Bundeswehr software project. He gave reasons of conscience. A military service court demoted him to captain. On 21 June 2005 the Federal Administrative Court acquitted him. The Soldiers’ Act, the court said, does not demand unconditional obedience. It demands mitdenkenden obedience, obedience that thinks along and considers in particular the consequences of carrying out the order. A decision of conscience, the court added, must be visible from outside and must be possible to explain by reason.

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