What is the Article 92 duty to disobey?
Asked by: Marcella Bailey | Last update: February 6, 2026Score: 4.9/5 (73 votes)
Article 92 of the Uniform Code of Military Justice (UCMJ) establishes the duty to obey lawful orders, but also implies a duty to disobey manifestly unlawful orders, meaning service members must refuse orders that require committing a crime, violating the Constitution, or breaking federal/international law, or else face prosecution themselves for following it. While Article 92 punishes failure to obey lawful commands, military law requires refusing unlawful ones, creating a complementary obligation to disobey illegal commands, a concept reinforced by historical events like My Lai.
What is an article 92 violation?
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.
What is article 92 of the constitution?
Failure to obey order or regulation. Any person subject to this chapter who- (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or.
What is the Article 92 of the military code of conduct?
UCMJ Article 92 states that soldiers who violate an order can be held for criminal violations. The code is understandably a foundational expectation of those who choose to serve. Many of these orders and the understanding that they must be followed are instilled during basic training.
What is considered dereliction of duty?
Dereliction of duty is a person's purposeful or accidental failure to perform an obligation without a valid excuse, especially an obligation attached to their job.
Military Law 101 - Article 92
What are the 4 proofs of negligence?
Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
What is an example of dereliction of duties?
Examples include situations where the employee: Abandons an asset of the employer in a place where it is at risk. For instance, a company driver might leave the company vehicle in order to visit a friend despite being well aware that the location is a crime-ridden neighbourhood.
What is an example of Article 92?
Failure to Obey a Lawful General Order
In this simple example, a service member would have violated Article 92 because they traveled beyond the weekend liberty bounds. A common Article 92 charge is for underaged drinking or driving over the legal limit with a BAC over . 08% for a DUI.
Can a soldier disobey an illegal order?
Yes, a soldier is legally required to refuse an order that is clearly unlawful, unconstitutional, or criminal, such as one involving targeting civilians or committing torture, according to the Uniform Code of Military Justice (UCMJ) and U.S. military doctrine. While soldiers must obey lawful orders, they must disobey patently illegal ones, though they risk court-martial if the order is later deemed lawful, with the determination often made by a military judge after the fact.
What is Section 92 of the Army Act?
92Computation of time of absence or custody
(d) a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day.
What is Article 92 in simple terms?
Article 92 of the Indian Constitution is a safeguard of fairness, impartiality, and constitutional propriety within the Rajya Sabha. It prohibits the Chairman or Deputy Chairman from presiding during their own removal debates, while preserving their right to speak and defend themselves without influencing the outcome.
What is disobeying a lawful order?
It makes it illegal to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer performing their duties under the provisions of the Vehicle Code.
What is the 92 of the Constitution Act?
92 In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, 1. 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
What is Article 92 UCMJ drug use?
use of prescription drugs in a manner contrary to their intended medical purpose, in excess of the prescribed dosage or for the specific prescribed event can be punishable by the UCMJ. contained in this paragraph is a violation of Article 92, UCMJ.
What is a court of military personnel used to try those accused of violating military law called?
court-martial. A court-martial is a legal proceeding where courts try a member of the military for offenses against military law. Courts-martial are governed by the provisions of the Uniform Code of Military Justice (UCMJ), except as otherwise provided by statute.
What is article 92 in the military?
The Uniform Code of Military Justice (UCMJ) creates a general duty to obey lawful orders. Article 92 makes it a crime to violate or fail to obey any “lawful general order or regulation” or any “other lawful order” that you have a duty to obey. USCode.gov.
What is the punishment for disobedience in the military?
Violating a general order or regulation: This encompasses disobeying any regulation or order provided by the Department of Defense or an individual service. Punishments can range from a simple reprimand or forfeiture of pay and allowances to confinement for up to two years and a dishonorable discharge.
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.
How serious is article 92?
Max Punishment: Dishonorable Discharge, total forfeiture of all pay and allowances, 2 years confinement, and reduction in rank to E-1.
What happens if a soldier refuses to follow orders?
Penalties for Failure to Obey an Order
The penalties for violating or failing to obey a lawful general order or regulation include: Dishonorable discharge; Forfeiture of pay and allowances; and/or. No more than 2 years of confinement.
What defenses exist for article 92 violations?
Every case is different, but several potential defenses can be raised against an Article 92 violation:
- The order was not lawful (e.g., outside of military scope or against U.S.C. or federal regulations)
- Lack of actual knowledge—the service member did not know of the order.
How serious is dereliction of duty?
Punishment can include sanctions up to and including the death penalty (in times of war). Outside of wartime, the maximum punishment allowed is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year (10 years for service members receiving special pay under 37 USC 310).
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
How is dereliction proven in court?
Pugh, 77 M.J. 1 (the offense of dereliction in the performance of one's duties requires that the following elements be proven: (a) that the accused had certain duties; (b) that the accused knew or reasonably should have known of the duties; and (c) that the accused was willfully or through neglect or culpable ...