Re: Ordered murder
A murder, by definition, is an unlawful killing. Any soldier following those orders could be held accountable for murder. But given the circumstances, the punishment may fall back onto his superior officers. For instance, in the heat of battle, a soldier may not have the time or mental wherewithall to decipher the consequences of the order. So he simply pulls the trigger and obeys his superior. That would be an extenuating circumstance, such as being under duress in the heat of battle.
Also, that incident with people charging into checkpoints and road blocks is not the soldier's fault, not even close. Imagine being invaded by a foreign military. You see them all over the city, bombing and shooting, stopping cars and checking them. Then all of a sudden you feel like it's okay to drive your car at them full speed and have no idea on earth why all these men with guns are waving, yelling, and signaling to you to stop. To be fair, I think that some situations trigger the fight or flight response. And the same way that some people run from cops (only to be caught), some people think they can just gun it past an armed checkpoint.