Does the military have to follow illegal orders?
Asked by: Muhammad Cassin | Last update: May 5, 2026Score: 4.2/5 (68 votes)
No, U.S. military personnel must disobey illegal orders, a duty reinforced by the Uniform Code of Military Justice (UCMJ) and military doctrine, meaning they are obligated to refuse commands that violate the Constitution, U.S. laws, or international humanitarian law, and following such an order offers no defense against prosecution. Unlawful orders are those that are clearly criminal, unconstitutional, or against established international human rights standards, and troops are trained to recognize and refuse "patently illegal" commands, such as targeting civilians or committing murder.
Do you have to comply with an unlawful order?
Unlawful orders are those that clearly violate the U.S. Constitution, international human rights standards or the Geneva Conventions. Service members who follow an illegal order can be held liable and court-martialed or subject to prosecution by international tribunals.
What is article 92 in the military?
Article 92 defines disobeying a direct order as three types of federal article offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty.
Can you be court-martialed for not following orders?
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
What rules do soldiers have to follow?
Soldiers must not only obey their commanders but also observe various other laws to ensure that their behavior is in the best interests of our country. Members of the armed forces are subject to the same state and federal laws as all U.S. citizens, but they're also governed by military law.
Democratic lawmakers tell military to refuse illegal orders
Should the military follow unlawful orders?
Army doctrine explains, “Soldiers are bound to obey the legal and moral orders of their superiors; but they must disobey an unlawful or immoral order.”
What is the rule 13 in the army?
13. Authorities empowered to authorize discharge. (1) Each of the authorities specified in column 3 of the Table below shall be the competent authority to discharge service person subject to the Act specified in column 1 thereof on the grounds specified in column 2.
What happens if a soldier refuses to follow orders?
Military punishment for disobeying orders, governed by the Uniform Code of Military Justice (UCMJ), ranges from minor penalties like extra duty to severe court-martial consequences such as dishonorable/bad-conduct discharge, forfeiture of pay, and confinement (up to years, potentially death in wartime for specific offenses), depending on the order's nature (lawful/unlawful), its significance, and the circumstances (e.g., wartime vs. peacetime). While disobeying a lawful order is a serious offense, service members have a duty to refuse manifestly illegal orders, with penalties varying based on the specific UCMJ article violated (like Article 90 or 92).
What is the 10 year rule in the military?
In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).
What crimes can kick you out of the military?
How You Can Get You Kicked Out of the Military
- DUI. ...
- Drug Crimes. ...
- Sexual Harassment. ...
- Criminal Offenses Under Civilian Law. ...
- Financial Misconduct. ...
- AWOL (Absent Without Leave) ...
- Insubordination. ...
- Dishonorable Conduct.
What is the UCMJ regarding illegal orders?
According to UCMJ Law Article 92 An order is unlawful if it violates the Constitution, U.S. laws, or military regulations and it directs a service member to commit a crime or unethical act. Service members and their leaders must not disobey a superior officer if the orders they are given are lawful.
What is Article 17 in the military?
Jurisdiction of courts-martial in general. (a) Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President.
What does article 31b actually say?
Article 31(b) states that “no person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is ...
What is a lawful order in the military?
Sterling, 75 M.J. 407 (a lawful order must relate to military duty, which includes all activities reasonably necessary to accomplish a military mission, or safeguard or promote the morale, discipline, and usefulness of members of a command and directly connected with the maintenance of good order in the service).
What happens if a US soldier refuses to fight?
Those who don't receive such status but refuse to fight can face court-martial and penalties from dishonorable discharge to prison.
Is the military code of conduct law?
The code is considered an important part of U.S. military doctrine and tradition, but is not formal military law in the manner of the Uniform Code of Military Justice or public international law, such as the Geneva Conventions.
What is the 20/20/20 rule in the military?
Scenario 1: The 20-20-20 Rule
20: You were married to the same sponsor or service member for at least 20 years. 20: All 20 years of marriage overlap the 20 years of creditable (active or reserve) service that counted toward your sponsor's retirement.
Does my ex-wife still get half of my military retirement if she remarries?
Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.
What does 10 10 mean in the military?
10-10. Out of service—subject to call.
Will the military follow an unlawful order?
U.S. service members take an oath to uphold the Constitution. In addition, under Article 92 of the Uniform Code of Military Justice and the U.S. Manual for Courts-Martial, service members must obey lawful orders and disobey unlawful orders.
What is the 540 rule in the army?
The U.S. Army's "540 Rule" is a performance-based exemption from the body fat assessment (tape test) for soldiers who score 540 or higher on the Army Combat Fitness Test (ACFT), with a minimum of 80 points in each of the six primary events; this exemption acknowledges high physical capability, allowing soldiers with significant muscle mass (and thus potentially above the standard weight) to bypass body fat measurements, demonstrating readiness through peak physical performance instead.
How does a soldier know if an order is illegal?
And the reality is brutal: the only person who can actually declare an order unlawful is the military judge you'll meet after you obey it or after you refuse it. In other words, you don't get clarity up front. You get clarity at your court-martial or war crimes tribunal.
What's the worst discharge in the military?
Dishonorable discharge (DD)
A dishonorable discharge, colloquially referred to as a "duck dinner", is the most serious type of discharge in the US military.
What is the Army Rule 62?
62. [(1) Where an officer or junior commissioned officer is sentenced to death, transportation or rigorous imprisonment, the court shall, by its sentence, sentence such officer or junior commissioned officer to be dismissed from the service.]
How does article 134 affect soldiers?
Fighting for Your Reputation and Your Military Future
Our clients know that a hearing under Article 134 or Article 133 can have serious consequences, including the surrender of military pay, dishonorable discharge and even time in jail. Consensual engagement in adultery may be enough to end a military career.