When can a soldier disobey an order?
Asked by: Abraham Simonis Sr. | Last update: May 30, 2026Score: 4.8/5 (43 votes)
A soldier can and must disobey an order if it is manifestly illegal, meaning it clearly violates the Constitution, U.S. law, or international law, such as directing war crimes, harming civilians, or torture; following such an order can lead to criminal liability for the soldier, as they have a duty to refuse patently unlawful commands, not just obey.
Can you disobey an order in the military?
They can refuse orders but could face consequences if the order is lawful. Members of the U.S. military have the legal right to refuse orders they believe are unlawful, but they risk violating military laws of obedience if the order is in fact lawful, experts in military law say.
What's it called when a soldier disobeys orders?
Insubordination is when a service member willfully disobeys the lawful orders of a superior officer. If a military officer disobeys the lawful orders of their civilian superiors, this also counts.
Can soldiers be prosecuted for following orders?
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. Following orders from a superior is no defense.
What is the Article 92 duty to disobey?
Article 92 of the Uniform Code of Military Justice (UCMJ) covers the Failure to Obey an Order or Regulation. Service members accused of failure to obey orders, regulations or performing their duties in a negligent or intentionally poor manner may be charged under this article.
Democratic lawmakers tell troops to disobey illegal orders, here’s why
What is Article 86 in the military?
Absence without leave. (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.
What is the Army regulation for disobeying a direct order?
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. Article 92 charges are common in many prosecutions.
Should soldiers always obey orders?
Military service members are legally bound to obey orders unless they are patently illegal.
Why is just following orders not an excuse?
The military's obligation to obey only lawful orders originated from the need to hold individuals accountable for war crimes. It has been codified in the Uniform Code of Military Justice, which states that servicemembers must refuse clearly illegal orders and can be held liable for following unlawful ones.
Can you be court martialed for disobeying an order?
Failure to obey order or regulation. (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
What counts as an unlawful order?
An order becomes unlawful when it directly conflicts with higher law or exceeds the issuer's authority.
How bad is article 92?
Maximum Possible Punishment for Violations of Article 92
A conviction of violating or failing to obey other lawful orders carries the punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and six-month confinement.
What are some examples of dereliction of duty?
UCMJ Article 113 ("Misbehavior of sentinel") includes components of behavior that are, in themselves, examples of dereliction of duty:
- Drunk while on post.
- Sleeping while on post.
- Leaving one's post without being properly relieved.
What happens when a soldier disobeys an order?
Military punishment for disobeying orders varies from minor penalties like extra duty to severe court-martial consequences, including dishonorable discharge, forfeiture of pay, and confinement (up to life/death in wartime for certain offenses), depending on the order's type (general vs. specific), the service member's intent, and the outcome (e.g., causing death/injury). The Uniform Code of Military Justice (UCMJ), specifically Article 92, governs this, but service members have a duty to refuse unlawful orders, which can be a defense.
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 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.
Why were soldiers given condoms in WWII?
WW2 soldiers carried condoms primarily for VD prevention, as the military issued them to combat high rates of syphilis and gonorrhea, but soldiers also found numerous practical, non-sexual uses, like waterproofing rifle muzzles to keep out mud, creating waterproof containers for fuses, or even using them as emergency surgical gloves. The military distributed condoms through "prophylactic kits" and vending machines as part of anti-VD campaigns, recognizing their effectiveness in keeping soldiers fit for duty.
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.
What was Hitler's actual goal?
Nazi Party foreign policy aimed to rid Europe of Jews and other “inferior” peoples, absorb pure-blooded Aryans into a greatly expanded Germany—a “Third Reich”—and wage unrelenting war on the Slavic “hordes” of Russia, considered by Hitler to be Untermenschen (subhuman).
Who gets the most respect in the military?
U.S. Marine Corps: The Marines are known for their intensive training and readiness "to fight tonight," fostering a sense of pride and respect. Their ethos of being the "first to fight" in conflicts often leads to high esteem for this branch.
What is the military term for disobedience?
Insubordination: Legal Definition
Intentionally disobeys a legal order from an officer; or. Disrespects an officer verbally or physically while they are performing their official duties.
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.
What is an unlawful order?
Definition & meaning
An unlawful order refers to a directive issued by a court or authority that lacks the legal power or jurisdiction to do so. Such orders are considered invalid and can be overturned upon appeal.
What is AR 735 5 Army?
Property Accountability Policies This regulation provides basic policies for accounting for Army property and accounting for lost, damaged, or destroyed Army property.
What is the 27 10 Army regulation?
This United States Army manual, Army Regulation AR 27-10 Legal Services: Military Justice January 2025, prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial (MCM), United States, 2024, and the rules for courts-martial (RCMs) contained ...