General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf service members are not capable of determining what is an illegal order,
then why does the UCMJ include a provision instructing them not to obey illegal orders?? The drafters of the code contemplated that service members could and should figure it out.
J_William_Ryan
(3,218 posts)it would be military commanders who would refuse to follow Trumps legal orders.
gladium et scutum
(823 posts)or illegal will be determined at your general court martial.
MineralMan
(150,397 posts)we had classes on the UCMJ. In one of those classes, we were given examples of unlawful orders we might refuse. Things like killing unarmed civilians, killing or attacking fellow members of the military, preventing people from voting in elections, torture, and others. We were instructed that if we were not sure in some instance, we should take it up the chain of command until we were sure.
Of course, we were never put into any of those situations, so it never came up. But, it was a serious discussion in our training.
I assume that similar training is still being given to enlisted personnel.
Cerulean Southpaw
(45 posts)a lawful order is any order that wouldn't require you to break the law if you followed it, but that's bullshit. If it was true, people could "order" sexual favors based on rank or position.
Unlawful orders are any orders that aren't lawful for someone to issue, even if following them didn't break the law.
Kaleva
(40,102 posts)We are supposed to assume all orders are legal but if there is doubt, then report it to the chain of command.
SeattleVet
(5,798 posts)ordersproject.com will put them in touch with a experienced military lawyers and judges, knowledgeable staff, and will assist them in determining if an order is unlawful or not.
Run by the National Institute of Military Justice, they are an organization well worth supporting. They have an excellent sourcebook with a lot of information useful to military and civilians alike: https://cdn.b12.io/client_media/5DFEATZJ/9a019c11-8cde-11f0-ba6f-0242ac110002-a_sourcebook_for_advising_military_personnel__4th_ed._2025_.pdf
JustABozoOnThisBus
(24,517 posts)Surely he could put an end to that, between glasses of whisky
ProfessorGAC
(75,477 posts)...actually pours whiskey into a glass?
I see him drinking from the bottle still in a paper bag!
JustABozoOnThisBus
(24,517 posts)ProfessorGAC
(75,477 posts)I forgot about that.
I just figured he wouldn't take the time to pour it in a glass. The sooner that liquor hits the tongue, the better.
But, you may be on to something!
electric_blue68
(25,213 posts)(Justice Matters).
P1: GK interviews a newly retired JAG officer. About 30 mins.
Then a Pt 2. Don't what that's about yet.
Interesting, and, unfortunately, it's currently pertinent information. Particularly for us civilians.
haele
(14,943 posts)The Law in Lawful Order is determined by:
1. Active Federal Code and Regulations in regards to the Military in Particular, then
2. The UCMJ, then,
3. Active Codes and Regulation for Federal Service actions (Contracts, Legal Actions, ect...)
4. Active Laws, Directions, Treaties, Code, and Regulations as directed by Congress, and finally
5. Verbal Orders from the Officers above the Military Member and Commander in Chief that fall under the 4 sections above.
That's why a Unit Commander also gets in trouble if they even just suggested they were ordering an action that caused an incident causing environmental damage - or the unwarranted death of a civilian or service member. And responsibility goes up the chain of command.
Commanding Officers have lost their command for "Lack of Confidence' because they ignored a pompous knucklehead Senior Enlisted, Officer, or Civilian Manager under their command.
Anything that can end up with an incident investigation can become the result of an Unlawful Order.
If you're an Officer, or even a Senior Enlisted Leader, it Behooves You to know the pertinent Official Laws, Regulations, and Restrictions that impact your Mission so you are not responsible for giving or following an Unlawful Order.
Jacson6
(1,684 posts)The Infantry Private is not versed at all in the law. All they know is to follow orders or pay a price.