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MiHale

(12,310 posts)
2. Here's a link...
Wed Oct 8, 2025, 09:11 AM
Oct 8

But in today’s military Hope is the same as before.

https://nlgmltf.org/military-law/2025/faq-on-refusing-illegal-orders/

Do I have the right to refuse illegal orders?
A. Yes! All members of the military have the right, and in some cases have the duty, to refuse illegal orders. Your oath is to the Constitution (which incorporates international treaties ratified by the U.S. on human rights and the law of war), not to the Commander-In-Chief or to any other individual in the chain of command. B. Under the UCMJ, a servicemember may be punished by court-martial for failure to obey any lawful general order or regulation. The UCMJ does not define what “lawful” means. The Rules for Court-Martial say that an order is lawful, “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.” The Rules go on to say that, “This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.” Finally, the Rules say, “The lawfulness of an order is a question of law to be determined by the military judge.” That determination normally can be made only after a servicemember refuses or obeys an order, in a court martial or a war crimes tribunal.

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