Is Refusing Orders Really Illegal?

The recent brouhaha over Naftali Bennett's statement and subsequent retraction calling on soldiers to disobey orders to evacuate Jews living over the Green Line is confusing to me. Many took Bennett to task for calling for soldiers to refuse orders, saying that it is a dangerous statement.

Prime Minister Netanyahu said:

"This is a serious issue. Israel's existence is based on its army. I was quite surprised to hear that Naftali Bennett supports insubordination as a personal example. I heard Moshe (Bogie) Ya'alon, who was once the IDF chief of general staff, say the right thing: 'Israel's existence is based on the IDF. The existence of the IDF is based on following orders. There can be no insubordination. Not from this side or from that side.' No one who supports insubordination will serve in my government."

But I thought the Nuremberg Trials put the "Just Following Orders" defense to rest. There are times when a soldier is expected to disobey a direct order.

I think that Moshe Feiglin had it right when he referenced the Torah portion discussing the Jewish midwives who disobeyed Pharaoh's order to kill the Jewish newborns. 

He also said:

"A country which sanctifies liberty must reserve a place of honor for conscientious disobedience.

If we refuse to do so, then we must all request Eichmann's forgiveness for executing him and throwing his ashes into the sea, as this is exactly what he claimed: 'I followed orders'."

And he later clarified: 

"The comparison I made was not intended to compare anyone with anyone else, but rather a comparison regarding the underlying principle. The principle is that a person must be able to draw a moral line for himself, and that any general statement about the requirement to follow any orders at anytime is fascist."

I think the argument made by the Prime Minister that a soldier must always follow orders is not strictly correct. I think what he, and others, mean to say is "A soldier must always follow an order to evict people from areas that the government deems necessary, whether it be for 'Peace' or for any other reason." The issue is not so much about obeying an order but about obeying orders to remove Jews from their homes, a la Gush Katif.

I found this editorial making a similar point as well.