Consider, if you will, a fraught military standoff. A soldier from the German army receives an order from a superior to fire his gun, but he puts it down and walks away. In the United States, he would have just committed the unforgivable and illegal act of insubordination, even if the superior officer weren’t from the same service branch.
But in this scenario, the German soldier didn’t break the rules—he followed them. Military disobedience is actually baked into the German Bundeswehr, or armed forces. And the reasons why can be found in the country’s sinister past.
American military law states that an order can only be disobeyed if it is unlawful. However, the German military manual states that a military order is not binding if it is not “of any use for service,” or cannot reasonably be executed. In fact, if the order denies human dignity to the armed forces member or the order’s target, it must not be obeyed.
In practice, that means that a soldier or armed forces administrator can ignore a superior officer’s order—even if it’s in the midst of combat or is given by a high-ranking official.
That’s not how it used to be. Unconditional obedience to military orders was once a norm going back to the kingdoms that preceded Germany before it became a nation state in 1871. During World War I, Germany executed 48 soldiers for insubordination, and its basic training regimen—designed around unconditional submission to higher officers—was known as one of Europe’s most brutal.
READ MORE: Life in the Trenches of World War I
After World War I, this discipline softened thanks to the Allied forces, which blamed the country’s strict military hierarchy for the ruthlessness of World War I. Under the Treaty of Versailles, Germany was forced to admit guilt for the war and to restrict its military’s numbers and weapons. The country’s military was effectively dismantled, with officer schools shut down and the number of troops reduced to just 100,000.