Hegseth 'might be in the wrong job,' if fog of war makes him unable to make decisions: Fmr. JAG

Legal Analysis of Air Strike Incident - The legality of the air strike hinges on whether it constitutes an act of war; legal scholars argue it may be an unlawful killing if not considered an armed conflict [3] - The description of the air strike as "fog of war" is deemed inappropriate, as it is a standard outcome of using lethal force [3][4] - The victims may not have been aware they were at war, potentially misinterpreting the strike as an accident [5][6] Decision-Making Process & Accountability - The ultimate accountability rests with the Secretary of Defense, regardless of their physical presence during the event [15] - Military personnel are obligated to follow lawful orders, but must recognize and refuse patently unlawful orders [16] - Full transparency is needed, including the release of the execute order, rules of engagement, and legal advice, to fully assess the situation [17] Documentation & Record-Keeping - A strike log should exist, detailing administrative data, weapons used, target information, and battle damage assessment (BDA) [19][20] - Documentation of official government meetings related to the strike is legally required [21] - Prudent commanders should maintain records of face-to-face communications for accountability [22] Contextual Considerations - The operation lacked historical or legal precedent, making it difficult to apply existing legal frameworks [13] - The situation is complicated by applying a terrorism framework to a non-terrorism context [13]