An unlawful order in the military is an order that violates the Constitution, laws of the United States, or lawful superior orders.
Article 92 of the Uniform Code of Military Justice (UCMJ) governs orders given in the military.
It covers failure to obey orders or regulations, and dereliction of duty.
Soldiers who violate a lawful order can be held for criminal violations.
What are some examples of unlawful orders?
- Orders that are vague, overly broad, or intended to harass or humiliate a service member
- Orders that violate established laws, regulations, or the UCMJ
- Orders that an officer gave that they did not have the authority to give
What are some defenses to disobeying an unlawful order?
- Lack of knowledge
- The order was not lawful
- Inability to comply
- Mistake of fact
- Duress
What should you do if you receive an unlawful order?
- Consult with an experienced military defense attorney
- Understand your rights
- Present your case
If you're active duty military, Nat'l Guard, or reserves, and you're being ordered to violate the Constitutional rights of a US citizen - or anyone else - then you need to know your own rights and obligations.
GI Rights Hotline
877-447-4487
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