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The Impact of the Duty to Obey Orders in Relation to Medical Care in the Military

  • Nikki ColemanEmail author
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Part of the Military and Humanitarian Health Ethics book series (MHHE)

Abstract

Obedience as a defining feature of the military extends from the battlefield to the garrison and beyond. In many countries military personnel must not only obey the orders of their commanding officer on the battlefield, but also the orders of their military doctor providing routine medical care back “home”. The requirement for individual soldiers to obey the orders of their military doctor and not seek medical care outside the military health system ensures an efficient organisation that is able to ensure operational effectiveness, however it goes against the basic bio-ethical principle of autonomy in health care.

Compounding the effect of the impact on the lack of autonomy in regards to their health care decisions is the fact that military personnel are often used in medical research. The requirement to obey orders therefore has the potential to make soldiers vulnerable to abuse in regards to experimentation.

This chapter will discuss the ethical issues relating to the duty to obey orders and the impact that this has on military personnel in relation to their health care, particularly when they are involved in medical experimentation.

References

  1. “Feres v United States, Jefferson v United States, United States v Griggs. 1950.” United States Supreme Court ,340 U.S. 135 (71 S.Ct. 153, 95 L. Ed. 152).Google Scholar
  2. “Feres Doctrine” http://www.didisignupforthis.com/p/feres-doctrine.html. Accessed 30 Sept 2019.
  3. “Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10”, 1949.Google Scholar
  4. “Vietnam Veterans of America: Veterans Advocacy” www.swords-to-plowshares.org. Washington, DC: Vietnam Veterans of America.
  5. BBC News. 2015. Family Sues MoD over Red Cap’s death. http://www.bbc.com/news/uk-23518564. Accessed 30 Sept 2019.
  6. Bellah, Robert N. 1985. Habits of the heart: Individualism and commitment in American life. Berkeley: University of California Press.Google Scholar
  7. Binskin, Air Marshal Mark, Acting Chief of the Defence Force. 2012. Statement from acting chief of the defence force – Response to the letter to the Editor by Dr Ned Dobos. Canberra Times, 06 June.Google Scholar
  8. Chief of Defence Force. 2012. Work health and safety act 2012 (Application to defence activities and defence members), declaration 2012. Canberra: Department of Defence.Google Scholar
  9. Coleman, Nikki. 2019. Why soldiers obey orders. London: Routledge, in press.Google Scholar
  10. Comcare v Commonwealth of Australia. 2012. FCA 1419.Google Scholar
  11. Defence Force Discipline Act (Cth). 1982. Canberra: Commonwealth of Australia.Google Scholar
  12. Department of Defence. 1998. ADFP 102 defence writing standards. 1998. Canberra: Department of Defence.Google Scholar
  13. ———. 2005. Defence instruction (general). Admin 24–3. Conduct of human research in defence. 2005. Canberra: Department of Defence.Google Scholar
  14. ———. 2007a. Discipline law manual. Volume 3. Summary authority and discipline officer proceedings 2007. Canberra: Department of Defence.Google Scholar
  15. ———. 2007b. Health manual. Volume 23. Human research in defence – Instructions for researchers. Canberra: Department of Defence.Google Scholar
  16. ———. 2008. Acknowledgment of the requirements of service in the Australian Defence Force (ADF). AD 304–1. Canberra: Commonwealth of Australia.Google Scholar
  17. Dobos, Ned. 2012. Are our soldiers assets or workers? Sydney Morning Herald, June 4.Google Scholar
  18. Eyal, Nir. 2012. Informed consent. In The Stanford encyclopedia of philosophy. http://plato.stanford.edu/archives/fall2012/entries/informed-consent. Accessed 30 Sept 2019.
  19. Farrar-Hockley. 1964. The Somme. London: B.T. Batsford.Google Scholar
  20. Hackett, John Winthrop. 1962. The profession of arms: The 1962 Lees Knowles lectures given at Trinity College, Cambridge. New York: Macmillan. 1983.Google Scholar
  21. Harris v KBR. 2014. US Supreme Court. http://www.supremecourt.gov/orders/courtorders/012015zor_bq7d.pdf. Accessed 30 Sept 2019.
  22. Hegel, Georg Wilhelm Friedrich. 1962. Philosophy of right. Translated with notes. Trans. T.M. Knox. Oxford: Clarendon Press.Google Scholar
  23. Kleinig, John. 2010. The nature of consent. In The ethics of consent: Theory and practice, ed. Franklin Wertheimer and Alan Miller. New York: Oxford University Press.Google Scholar
  24. Lewis, Michael W. 2013. Drones: Actually the most human form of warfare ever. Washington, DC: The Atlantic.Google Scholar
  25. Mileham, Patrick. 2008. Teaching military ethics in the British armed forces. In Ethics education in the military, ed. Paul Robinson, Nigel de Lee, and Don Carrick. Aldershot: Ashgate Publishing.Google Scholar
  26. Morrison & Foerster LLP. 2009. Morrison & Foerster files suit against CIA, and US Army on behalf of troops exposed to testing of chemical and biological weapons at Edgewood Arsenal and other top secret sites. http://edgewoodtestvets.org/press-releases/pdfs/20090107-Morrison-Files-Suit.pdf. Accessed 30 Sept 2019.
  27. ———. 2010. Morrison & Foerster secures victory for troops exposed to chemical and biological weapons testing in case against the US Government. http://edgewoodtestvets.org/press-releases/pdfs/20100120-Morrison-Secures-Victory.pdf. Accessed 30 Sept 2019.
  28. ———. 2016. Edgewood test vets. What this case is about. http://edgewoodtestvets.org. Accessed 30 Sept 2019.
  29. Nation Health and Medical Research Council. 2018. National Statement on ethical conduct in human research. Canberra: National Health and Medical Research Council, Commonwealth Department of Health.Google Scholar
  30. Orme, Major General C. W. 2011. Beyond compliance: Professionalism, trust and capability in the Australian profession of arms. In Report of the ADF personal conduct review. Canberra: Department of Defence.Google Scholar
  31. Reynolds, David. 2013. The long shadow: The legacies of the great war in the twentieth century. London: Simon & Schuster.Google Scholar
  32. Shaw, William H. 2016. Utilitarianism and the ethics of war. New York: Routledge.CrossRefGoogle Scholar
  33. Smith & Ors v The Ministry of Defence. 2013. UKSC 41. http://www.bailii.org/uk/cases/UKSC/2013/41.html. Accessed 30 Sept 2019.
  34. Supreme Court of the United Kingdom. 2013. Smith, Ellis, Allbut (and others) v the Ministry of Defence. London: Supreme Court of the United Kingdom.Google Scholar
  35. Uniformed Services University of the Health Sciences. 2003. The Feres doctrine. Bethesda: Uniformed Services University of the Health Sciences.Google Scholar
  36. US District Court. 2010. Vietnam Veterans of America v. Central Intelligence Agency, Order Granting in Part and Denying in Part Defendants’ Motions to Dismiss and Denying Defendant’s Alternative Motion for Summary Judgement, No. C 09–0037 CW. (N.D. Cal. Jan 19, 2010). Washington, DC: US District Court.Google Scholar
  37. U.S. Senate Committee on Veteran’s Affairs. 1994. Is military research hazardous to veterans’ health? Washington, DC: United States Senate.Google Scholar
  38. US Supreme Court. 1950. Feres v. United States, Jefferson v. United States, United States v. Griggs. no. 340 US 135 (71 S.Ct. 153, 95 L. Ed. 152). Washington, DC: US Supreme Court.Google Scholar
  39. Walzer, Michael. 1992. Just and unjust wars: A moral argument with historical illustrations. 2nd ed. New York: Basic Books.Google Scholar
  40. Weiner, Robert, and Sherman, Tom. 2013. Drones spare troops, have powerful impact. San Diego Union-Tribune, 09 October, 2014.Google Scholar
  41. Wyatt, C. 2013. Iraq damages cases : Supreme Court rules families can sue. London: BBC. http://www.bbc.com/news/uk-22967853. Accessed 30 Sept 2019.

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.University of New South Wales Canberra SpaceCanberraAustralia
  2. 2.Chaplaincy DepartmentRoyal Australian Air ForceCanberraAustralia
  3. 3.Inamori International Center for Ethics and ExcellenceCase Western Reserve UniversityClevelandUSA

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