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Index/Topics/UCMJ and MCM

UCMJ and MCM

The Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM) framework for determining 'patently illegal' orders.

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Jan 14, 2026
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How have courts defined 'patently illegal' orders under military case law?

Courts have treated a “patently illegal” military order as a narrow exception to the ordinary presumption that orders are lawful: it is an order whose criminality is so plain that “a person of ordinar...

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