They are responsible and my husband refused to kill looters in Fallujah when they first went in and told his commanders that it was an illegal order to kill looters and he told all of the soldiers with him it was an illegal order and he didn't have to kill any looters and the I believe he gave reason for the other soldiers to maybe not do it too!  I just saw him this morning at breakfast in uniform still living!  Of course he is an old soldier and younger soldiers are probably easier to intimidate but they are still responsible for obeying an illegal order!