Air Force Gen. John Hyten, commander of the U.S. Strategic Command (STRATCOM), told an audience at the Halifax International Security Forum in Halifax, Nova Scotia, on Saturday that he has given a lot of thought to what he would say if a president ordered a strike he considered unlawful. As head of STRATCOM, Hyten is responsible for overseeing the U.S. nuclear arsenal. "I provide advice to the president, he will tell me what to do," Hyten added. "And if it's illegal, guess what's going to happen? 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 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, he said. "If you execute an unlawful order, you will go to jail. You could go to jail for the rest of your life," Hyten said. Hyten's comments come against the backdrop of continued tension with North Korea. In the past, the president has pledged to unleash "fire and fury" and to "totally destroy" North Korea if necessary. Hyten's comments also come as Congress is re-examining the authorization of the use of military force and power to launch a nuclear strike.
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