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Index/Topics/Refusing Unlawful Orders in the Military

Refusing Unlawful Orders in the Military

The process and guidelines for military personnel to follow when they believe an order is unlawful, including seeking legal advice from Judge Advocates, raising issues up the chain of command, and consulting independent hotlines and legal projects.

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3 results
Feb 5, 2026

What procedures exist for servicemembers to seek legal advice or lawful‑order clarification before complying with a questionable command?

Servicemembers concerned that an order may be unlawful have established, codified paths to seek clarification: ask for from serving Judge Advocates (JAGs), raise the issue up the chain of command and ...

Jan 7, 2026

under what circumstances can a soldier violate an order issued by an officer

A soldier may legally and ethically refuse an order when that order is unlawful—most clearly when it commands a criminal act such as murder of civilians, rape, torture, or other violations of the law ...

Jan 6, 2026

Are their retired generals who spoke about disobeying unlawful orders

Retired senior officers have publicly said that military personnel should refuse clearly unlawful orders: for example, retired Air Force General Michael Hayden told an HBO audience that “you are not r...

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