It's a really thoughtful point. What I think you are saying is that one safeguard is the agency of the commander to interpret and translate orders to mitigate harm (to soldiers & public). That seems right, although it likely would require them to have a lot of political awareness & savvy, yes?

yes, and not just savvy but also the willingness to take a significant risk, as I'm afraid this approach is also a soft usurpation of the civilian control of the military

This is from the comparative space, but it gets at some of the other ways that military leaders can navigate anti-democratic actions. Sharing in case it is of interest. warontherocks.com/2020/08/civi...