2006-09-07 03:29:10 · 17 answers · asked by Anonymous in Politics & Government ➔ Military
Tricky. Legally you can disobey an illegal order...but as you are no lawyer but a soldier..... It will be a long and insecure road to travel if your CO does not shoot you ( in combat) on the spot and probably will get away with it..
2006-09-07 03:36:30 · answer #1 · answered by Puppy Zwolle 7 · 0⤊ 2⤋
(1) Any unlawful order that violates the Rules and Regulations of the service branch in question.
(2) Any unlawful order that is in violation of international agreements the United States is a signatory to and whose adherence is recognized by JAG.
(3) Any order that involves a personal matter unrelated to work within certain limitations (i.e. "Private, I like your new bass boat. Let me borrow it for a week"). This is case by case.
(4) Any order that would countermand a standing order issued by a Commissioned Officer or NCO of a higher rank than the issuer of the latest order (i.e. if a Sergeant tells you to be at a certain place at a certain time, a Lance Corporal cannot issue contradictory orders on his own).
(5) Any order issued by anyone of any rank that violates your General or Special Orders (if you are Staff Duty, MP, or a Special Guard) under all circumstances. (i.e. if you have been assigned to guard something and issued a strict access roster, not even a General should be allowed to bull his way past you if he's not on it).
If you're thinking of this in terms of a moral quandry, then ask your own conscience and read the appropriate regs.
2006-09-07 22:04:35 · answer #2 · answered by Nat 5 · 0⤊ 0⤋
In some militaries the soldier is lawfully required to obey all orders given. If given an illegal order (that is, ordered to commit a crime) the responsibility is on the person who gave the order. This method is not as common anymore, but it used to be the standard.
In the US military the soldier is required to obey all legal orders. If given an illegal order the soldier is supposed to bring this to the attention of the person giving the order. If that doesn't help they are supposed to appeal to higher authority. A soldier can not use a policy (such as the Bush policy in Iraq or on Detainees in Gitmo) as an excuse to disobey, it must be a specific order.
"Just following orders" is not an excuse for illegal actions.
"I think the war is immoral" is not an excuse to not go to war.
2006-09-07 03:50:18 · answer #3 · answered by Will B 3 · 0⤊ 1⤋
A US serviceman is required to obey all lawful orders given to him by a superior. An unlawful order wouldn't be disobeyed so much as it would be disregarded. Unlawful orders should be reported up the chain of command and can be done so without the fear of reprisal.
2006-09-07 03:45:53 · answer #4 · answered by navysarguy 2 · 1⤊ 0⤋
An order can be disobeyed only when it is unlawful according to the Uniform Code of Military Justice (UCMJ).
2006-09-07 07:08:01 · answer #5 · answered by lacool43 1 · 0⤊ 0⤋
You can legally disobey any order that is not lawful, such as one that violates the Geneva Convention.
2006-09-07 16:06:37 · answer #6 · answered by William 2 · 0⤊ 0⤋
A soldier can refuse to obey an unlawful order as well as certain orders originating outside his chain of command.
2006-09-07 03:34:30 · answer #7 · answered by xtowgrunt 6 · 3⤊ 1⤋
if the order is an unlawful order you may disobey. other than that you are sol
2006-09-08 09:03:56 · answer #8 · answered by navygalstar1 2 · 0⤊ 0⤋
You cannot be ordered to do an unlawful act.
2006-09-07 04:50:23 · answer #9 · answered by j H 6 · 0⤊ 0⤋
When an action or command is deemed immoral (i.e. an order to kill unarmed or innocent people) or unlawful.
2006-09-07 03:35:37 · answer #10 · answered by chicago_paratrooper 2 · 1⤊ 1⤋