Why are only enlisted soldiers charged with major felonies such as murder @ not officers or NCOswho command

Question

Ok, my two grandfathers and I were discussing a breaking news story about some soldiers who are being charged with murder in Fallujah in 2004. They are being charged with murder in connection with the killing of some prisoners in their custody after discovering a cache of weapons in their house. The news story indicated that their commander called them on the radio and asked them if the prisoners were dead yet. Why was he not charged along with these men and could they have a defense that they were in the heat of battle and ordered by a superior officer to kill these men. One of my grandfathers was drafted in the 1960(s) and served a year in Vietnam as a combat infantryman. He said that many times in his experience, blame was shifted to enlisted soldiers. He says this still seems to be happening today. My other grandfather was never drafted (because he was smart enough to get an exemption lol lol) but he agreed with my paternal grandfather and they are very close friends now besides being related through the marriage of their children (my parents). My husband is an Infantryman now and is currently deployed. He is in the Army not the Marine Corps as these unfortunate men are who are being charged for following the orders of their commander. Can my husband refuse to obey an order that would subject him to criminal penalties? Why are no officers being charged for the four men in this news story. There was a case of a massacre of a Vietnamese village and originally they were going to charge the enlisted soldiers but when it became apparent that their Battalion Commander ordered the massacre (My Lai) they decided to just charge one Lieutenent who was at the scene.

Answer 1

the commander asked if they were "dead yet"  thats not a command to kill, and as such, i imagine, is viewed as a loophole.  

Answer 2

It's because being an officer makes you part of the good 'ole boys club. If officers really paid for the mistakes of their subordinates, no one would want to be an officer. On my last deployment I watched my fellow enlisted Marines get in trouble time and time again for doing exactly what they were supposed to do, under direction of the CO. And what happened to the good Major when we got home? He received more than 1 accommodation medal for his "leadership". What a joke.

Answer 3

Basically, we try to follow the old WW2 policies of not killing prisoners, so anybody that shoots them might be in trouble.  It is almost always low ranking enlisted guys who have just seen a buddy die that go off and kill prisoners or non-combatants, and it's hard to blame them, but it does happen.

One of the first thing the military teaches you is to follow LAWFUL orders.  

EDIT

Don't forget Lt Col Chessani, USMC, charged with dereliction of duty and failure to follow a lawful order?

Ridiculous.

Answer 4

In order to bring charges against the officers you have to have credible evidence.

You have to remember that just because it is in a news story does not make it true.

BTW - there is no evidence that the BN commander ordered the Mi Lai massacre.