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The Uniform Code of Military Justice (UCMJ) presumes orders are lawful but makes clear service members are not required to follow orders that are contrary to the Constitution, U.S. law, or beyond the ...
Service members are legally required to obey lawful orders but also may be required or permitted to refuse orders that are unlawful; Article 92 of the UCMJ criminalizes failure to obey a lawful order,...
Military law recognizes both a duty to obey lawful orders and a duty to refuse unlawful ones; executing clearly criminal orders (e.g., intentionally targeting civilians) can expose a service member to...
The UCMJ presumes orders are lawful, but service members have a duty to disobey “patently illegal” commands that direct crimes; the Manual for Courts‑Martial places the question of lawfulness with the...
Under the UCMJ, service members are criminally required to obey lawful orders and may be punished for failing to do so, but they also have a duty to refuse orders that are unlawful — especially those ...
Military law and scholarship in current reporting say service members who follow manifestly illegal orders can face criminal liability, but they also confront a tough legal landscape that includes a p...