by launching an unprovoked attack upon it NOT sanctioned by Congress?
... besides the UCMJ, there are also the Geneva Conventions.
Unfortunately, it's virtually impossible to wage war without violating the Geneva Conventions to some degree.
Which is why I favor assassinations, rather than war.
Because in the military they're property to be moved around. Obviously it's complete bs, but that's the way it goes. There are plenty of people ready to line up in the absence of one who refuses to follow orders. Alas, it changes nothing. If you don't want to take orders, best not to enlist. It's kinda what they do.
Before my dad could return home from his Vietnam tour, he was presented with a choice: eat the fist full of pills he was given or stay in the Philippines. That's a close to 'discretion' as you get. Which do you think he chose? lol
I don't disagree with you, but you asked why they don't and I suspect my above is the thinking behind it. My dad served and most of what I posted above paraphrases the discussions we've had about it over the years.
It's probably also worth considering that they enlist (and he did as well, he wasn't drafted) to take a stand. They did it / do it because they believed in the fanciful ideals about freedom and justice that are hammered into our heads from birth. Imagine their surprise when they discovered that the *vast* majority of what we do abroad doesn't have much to do with those ideals at all.
Sure, it's makes a great recruiting tool, noble platitudes about helping the helpless, but in practice, that's not how it works at all. There is no real justice in this world.
Have others really followed? Look at Manning and Snowden, they were hung out to dry for taking a stance, viscerally mocked, hated, they're quite lucky to even be alive. The stance of many Americans is that they should die. It's a nice idea to think one person can change the hearts of others, but at the end of the day humans are notorious creatures of habit, convenience even. This foreign policy couldn't survive otherwise. Think our govt. is unaware of that? On the contrary, they know how to find and recruit people who "take a stance," and they're well aware these "stance takers" present the greatest single threat to this foreign policy, so they get to be the first to die.