Are you concerned?
Are you facing a decision regarding what you believe may be an illegal order from a commander?
| An order is presumed lawful and is disobeyed at the subordinate’s own risk. For an order to be considered lawful, it must relate to a military duty and not conflict with the Constitution or federal laws. An order is considered unlawful if it directs the commission of a crime or has no valid military purpose, serving only a private interest. The obligation to follow commands does not extend to patently illegal acts. 1 |
Disobedience is a serious decision. In today's climate it may not be wise to discuss your concern with a JAG due to potential consequences from an administration that is actively in the process of miss-using our own military for questionable purposes. Consult an outside legal expert using private and personal communication channels. Never use any official channel to voice your concerns to your command structure without first discussing with qualified legal counsel.
An officer issuing what he should know to be a illegal order may hold more risk than those who carry those orders out. This does not mean that you have no risk by following when you strongly believe is an illegal order. The defense "I was just following orders" may not protect you. Read about Lt. Cally's conviction. 2 on 22 counts of murder.
While you may slide on a serious violation in the military, there are also potential consequences under international criminal laws. 3
UCMJ:
892. Art. 92. 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
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
Definition of Unlawful Orders
An unlawful order is one that violates the law or the Constitution. Military members are prohibited from following such orders, regardless of the rank of the person issuing them. The Uniform Code of Military Justice (UCMJ) emphasizes that service members must refuse to carry out illegal commands.
Following an unlawful order can lead to prosecution under the UCMJ. Military members are expected to uphold the law, and failure to do so can result in serious legal repercussions, including charges of dereliction of duty or disobedience.
Law Encorcement and Civil Employment Duty:
Law enforcement officers and Civil Employees must follow lawful commands from superiors, but this duty does not extend to illegal or unconstitutional orders. 4
Citations:
2. Lt. Cally, My Lie, Vietnam.