Soldiers Disobeying Orders

https://www.militaryjusticecenter.com/blog/2022/03/can-you-recognize-an-unlawful-order/b

https://www.jordanucmjlaw.com/2023/09/what-happens-when-you-disobey-a-military-order/ 

https://www.findlaw.com/legalblogs/law-and-life/what-is-a-military-duty-to-disobey/ 

https://www.militarydefense.com/military-personnel-must-know-the-limits-of-lawful-orders/ 

https://abcnews.com/Politics/explainer-military-members-refuse-orders/story?id=127865412 

 Soldiers have the legal right to disobey orders they believe are unlawful, particularly if those orders violate the Constitution or international law. However, they risk facing consequences if the order is deemed lawful, as military personnel are generally expected to presume orders are lawful unless clearly egregious.

 Military Times abcnews.com

Legal Rights of Soldiers to Disobey Orders

Right to Refuse Unlawful Orders

Soldiers have the legal right to disobey orders they believe are unlawful. This includes orders that violate the U.S. Constitution or international law. The principle is rooted in the Nuremberg Trials, which established that individuals cannot simply follow orders that are manifestly illegal.

Consequences of Disobeying Orders

While soldiers can refuse unlawful orders, they may face serious consequences if the order is later deemed lawful. Military personnel are expected to assume that orders are lawful unless they are clearly egregious. The consequences for disobeying lawful orders can include:

Court-Martial: Serious violations may lead to court-martial proceedings.

Nonjudicial Punishment: Minor infractions might result in administrative actions like Article 15 proceedings.

Reprimands: Service members may receive General Officer Memorandum of Reprimand (GOMOR) for disobedience.

Understanding Lawful vs. Unlawful Orders

The distinction between lawful and unlawful orders is crucial. Here’s a breakdown:

Type of Order Definition Examples

Lawful Order An order that complies with the Constitution, federal law, and is issued by a competent authority. Orders related to military duty, discipline, or mission accomplishment.

Unlawful Order An order that violates the Constitution, federal law, or exceeds the authority of the issuer. Orders to commit war crimes, torture, or use military force against civilians without legal basis.

Conclusion

Understanding the legal framework surrounding military orders is essential for service members. They must navigate the balance between obeying orders and upholding the law, ensuring they act within their rights while maintaining military discipline.

 court-martial.com

 acslaw.org

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What are the consequences for soldiers disobeying lawful orders?

Disobeying lawful orders can lead to serious consequences for soldiers, including confinement for up to two years, dishonorable discharge, or other disciplinary actions under Article 92 of the Uniform Code of Military Justice (UCMJ).

 armycourtmartialdefense.info court-martial.com

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How do military courts evaluate the legality of disobeyed orders?

Military courts evaluate the legality of disobeyed orders by determining if the order was manifestly illegal, meaning a reasonable servicemember would recognize its illegality. If the order is deemed illegal, the servicemember has a duty to refuse it, as obedience to such an order can lead to criminal liability.

 court-martial-ucmj.com nlgmltf.org

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What historical examples exist of soldiers disobeying orders for ethical reasons?

Historical examples of soldiers disobeying orders for ethical reasons include Lt. Col. Stanislav Petrov, who chose not to report a false alarm of a nuclear missile launch in 1983, potentially averting a catastrophic conflict. Another example is Dakota Meyer, a U.S. Marine who defied orders to retreat during a battle in Afghanistan, instead rescuing fellow Marines and earning the Medal of Honor for his actions.

 SOFREP We Are The Mighty