Kelly Demands Hegseth Clarify “No Quarters” Comment, Reaffirm Troops Have Duty to Refuse Illegal Orders

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Today, U.S. Navy combat veteran and Senator Mark Kelly (D-AZ) demanded clarification from Secretary of Defense Pete Hegseth after he publicly said that "no quarter" would be given to enemies of the United States, a phrase with clear meaning under the Law of Armed Conflict, referring to denying enemy combatants the opportunity to surrender and instead killing them. Kelly said that it "is expressly prohibited under international law, including the Geneva and Hague Conventions and would be a war crime punishable under the War Crimes Act of 1996 (18 U.S.C. 2441)."

Kelly wrote, "Your statement that '[w]e will keep pushing, keep advancing, no quarter, no mercy for our enemies' has called that commitment into question. Because members of the United States Armed Forces are legally obligated to comply with the law of armed conflict-and equally obligated not to follow unlawful orders-public statements by senior civilian leaders carry significant weight and can create confusion if they appear inconsistent with those legal obligations."

"Although you have publicly tried to censure me for restating the legal duty of members of the military not to follow illegal orders, that is not only U.S. military law, but it is also a longstanding legal principle on which every service member is trained during their service. Every member of our Armed Forces swears an oath to support and defend the Constitution, and they are taught to understand that unlawful orders must not be carried out," Kelly continued.

"Our troops deserve certainty that their leadership gives the utmost respect to the laws that govern armed conflict and has a clear understanding of the importance of the reciprocal rules of engagement that protect their lives. I look forward to your prompt response; I'm sure the over two million service members currently under your command do so as well," Kelly concluded.

Click here to read the full letter.