Hegseth's 2016 remarks on refusing 'unlawful orders' resurface: 'There's a standard'

Defense Secretary Pete Hegseth, currently facing scrutiny over a U.S. strike on a suspected drug vessel in the Caribbean, previously stated in 2016 that he supported holding individuals accountable for extreme war crimes.

I believe there must be consequences for outright war crimes. When actions are completely unlawful and brutal, they carry consequences, Hegseth commented during an April 2016 Liberty Forum event in Silicon Valley. He added, That is why the military will not follow unlawful orders from their commander in chief. There is a standard, an ethos, a conviction that we uphold higher principles than many of our adversaries.

The Pentagon has been contacted regarding Hegseths earlier statements. The current administration faces bipartisan scrutiny after a strike on a vessel identified by the White House as involved in drug trafficking on September 2 in the Caribbean. Following the initial strike, a subsequent attack reportedly killed survivors from the first action.

Hegseth told reporters on Tuesday that he did not remain present during the second strike. I observed the first strike live. Given the many responsibilities at the Department of War, I did not stay for the additional hour or two of digital site exploitation, and proceeded to my next meeting, he explained during a Cabinet briefing.

Although an admiral ordered the follow-up strike targeting survivors, the administration has maintained that the admiral acted within legal bounds and that Hegseth had approved the operational decisions.

Representative Ted Lieu (D-Calif.), a former Air Force lawyer, described attacks on shipwrecked individuals as a war crime. He emphasized that any military personnel involved, including Hegseth, should be held accountable. During my active duty as a JAG officer and subsequent 21 years in the reserves, it is clear: targeting shipwrecked survivors constitutes a war crime, Lieu said.

Analysis: Accountability and Military Ethics Under Scrutiny

Defense Secretary Pete Hegseth’s 2016 statements on war crimes are resurfacing amid scrutiny over a U.S. strike on a suspected drug vessel in the Caribbean. At the time, Hegseth emphasized that unlawful and brutal actions carry consequences and that the military must uphold higher ethical standards than adversaries.

The current controversy stems from a two-stage operation on September 2, where the first strike targeted the vessel and a subsequent strike reportedly killed survivors. Hegseth stated he only observed the initial strike and did not remain for the follow-up action, citing other departmental responsibilities.

Legal and ethical questions now focus on the follow-up strike, ordered by an admiral but reportedly approved by Hegseth. Critics, including Representative Ted Lieu (D-Calif.), argue that targeting shipwrecked survivors qualifies as a war crime, raising calls for accountability at all levels involved in the operation.

This situation highlights a tension between operational command decisions and the longstanding principles Hegseth publicly endorsed regarding military conduct and adherence to international law.

Sources:

• Hegseth 2016 comments on not following ‘unlawful orders’ surface: ‘There’s a standard’

Author: Ethan Caldwell
Ethan Caldwell is an experienced reporter with 10 years covering international news. He specializes in politics and economics, with strong investigative journalism and analytical writing skills.