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Index/Topics/Refusing Unlawful Orders in the Military

Refusing Unlawful Orders in the Military

Service members' obligations and risks when refusing unlawful orders in the military, including legal standards and potential penalties

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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...