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SaydiTom

(73 posts)
Tue Nov 25, 2025, 03:08 AM Nov 25

If 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.

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If service members are not capable of determining what is an illegal order, (Original Post) SaydiTom Nov 25 OP
Ideally, J_William_Ryan Nov 25 #1
Whether an order is legal gladium et scutum Nov 25 #2
During my USAF Basic Training in 1965, MineralMan Nov 25 #3
I was told Cerulean Southpaw Nov 25 #5
When in doubt, use the chain of command Kaleva Nov 25 #4
There's a service available now for military members... SeattleVet Nov 25 #6
Does Hegseth know about this service? JustABozoOnThisBus Nov 25 #7
Do You Think Hegseth... ProfessorGAC Nov 25 #8
A glass, certainly. Anyone who would have a room in the Pentagon to apply his makeup ... JustABozoOnThisBus Wednesday #11
Yeah, That's Fair ProfessorGAC Wednesday #12
On the NIMJ's front page, they have a link to a 2 part interview with Glen Kirshner.... electric_blue68 Nov 25 #9
A JAG with two stars I know told me Lawful Order in the Military is bound by... haele Nov 25 #10
For an officer or senior SGT they are more responsible. Jacson6 Wednesday #13

MineralMan

(150,397 posts)
3. During my USAF Basic Training in 1965,
Tue Nov 25, 2025, 10:32 AM
Nov 25

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.

5. I was told
Tue Nov 25, 2025, 12:59 PM
Nov 25

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)
4. When in doubt, use the chain of command
Tue Nov 25, 2025, 10:43 AM
Nov 25

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)
6. There's a service available now for military members...
Tue Nov 25, 2025, 04:00 PM
Nov 25

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)
7. Does Hegseth know about this service?
Tue Nov 25, 2025, 05:43 PM
Nov 25

Surely he could put an end to that, between glasses of whisky

ProfessorGAC

(75,477 posts)
8. Do You Think Hegseth...
Tue Nov 25, 2025, 06:05 PM
Nov 25

...actually pours whiskey into a glass?
I see him drinking from the bottle still in a paper bag!

ProfessorGAC

(75,477 posts)
12. Yeah, That's Fair
Wed Nov 26, 2025, 09:50 AM
Wednesday

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)
9. On the NIMJ's front page, they have a link to a 2 part interview with Glen Kirshner....
Tue Nov 25, 2025, 06:58 PM
Nov 25

(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)
10. A JAG with two stars I know told me Lawful Order in the Military is bound by...
Tue Nov 25, 2025, 07:21 PM
Nov 25

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)
13. For an officer or senior SGT they are more responsible.
Wed Nov 26, 2025, 09:50 AM
Wednesday

The Infantry Private is not versed at all in the law. All they know is to follow orders or pay a price.

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