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US Air Force General John Hyten, the Commander of the US Strategic Command (STRATCOM) speaks during a press conference on Nov. 11. (AP/Yonhap News)
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Remarks come as Congress is consider restricting US President’s authority to order nuclear strike
US Air Force General John Hyten, the Commander of the US Strategic Command (STRATCOM), said that he would reject nuclear strike orders from US President Donald Trump if he deemed the orders to be illegal. His remark is noteworthy considering that it comes as tensions are rising between the US and North Korea and as members of Congress are arguing that restrictions should be placed on Trump’s authority to use nuclear weapons. Hyten was quoted as making the remarks by CBS at an international security forum in Halifax in the Canadian province of Nova Scotia on Nov. 18. He was responding to a question about a statement made by former STRATCOM commander Robert Kehler on Nov. 14 that a president’s orders to use nuclear weapons could be refused if they are illegal. STRATCOM exercises authority over all the US’s strategic weapons, including its nuclear warheads and intercontinental ballistic missiles. While explaining how orders regarding the use of nuclear weapons are typically carried out, Hyten said that “it’s not that complicated” to reject an illegal order. "I provide advice to the president, he will tell me what to do… And if it's illegal, guess what's going to happen?” Hyten asked the audience. “I'm going to say, 'Mr. President, that's illegal.' And guess what he's going to do? He's going to say, 'What would be legal?' And we'll come up with options, with a mix of capabilities to respond to whatever the situation is, and that's the way it works,” Hyten said. "I think some people think we're stupid… We're not stupid people. We think about these things a lot. When you have this responsibility, how do you not think about it?" CBS quoted Hyden as saying he “has been trained every year for decades in the law of armed conflict, which takes into account specific factors to determine legality – necessity, distinction, proportionality, unnecessary suffering and more. Running through scenarios of how to react in the event of an illegal order is standard practice.” Hyten added that "If you execute an unlawful order, you will go to jail. You could go to jail for the rest of your life.” Hyten’s remarks appear to be aimed at easing concerns raised by some experts that Trump, who is widely regarded as unpredictable, might randomly order a preemptive nuclear strike. Since Trump threatened during a speech before the UN General Assembly in September that he could “totally destroy” North Korea, Congress has started moving to contain him by holding hearings designed to reduce his authority to start a war and to use nuclear weapons. Referring to North Korea’s development of nuclear weapons, Hyten said “the US military is always ready to respond to the threat of North Korea, even at [this] very moment.” “That's the element of [nuclear] deterrence that has to be clear, and it is clear,” Hyten said. By Yi Yong-in, Washington correspondent Please direct questions or comments to [english@hani.co.kr]
