http://electroniciraq.net/cgi-bin/artman/exec/view.cgi/6/265
2007-01-24 10:57:34 · 8 answers · asked by Anonymous in Politics & Government ➔ Military
Absolutely. you can get in as much trouble for obeying an unlawful order as you can for disobeying a lawful order. I've been an Army NCO for a long time and have seen a lot of rotten officers. It gave me instant joy to disobey these clowns. They would always whine to the Battalion Commander but I still have my stripes.
2007-01-24 11:08:20 · answer #1 · answered by Anonymous · 3⤊ 0⤋
You're a little mixed up as to what the difference is between a "lawful" order and an "unlawful or Illegal" order is. If you are ordered to do something that is contrary to the UCMJ or established laws and regulations, the order is by nature unlawful and illegal and you are duty bound to NOT obey it. However, any order that falls within the authority of the UCMJ and/or established civilian laws is a lawful order and you must obey it. The armed forces of the United States do not practice democracy, ...they defend it. You do not have the right, as a member of the U.S. Military, to question or disobey the lawful orders of those appointed over you just because you think the war in Iraq is illegal or immoral. If you are ordered to go and you are an active duty or reserve member of the military, you'd best commence to packing.
2007-01-24 15:19:32 · answer #2 · answered by CV59StormVet 5 · 0⤊ 1⤋
This is more or less a question of morality and a persons viewpoint. I guess it all depends on what you personally consider unlawful. Of course obvious unlawful orders you do not have to obey, however (I think) they can still bring you up on charges (good ol' Art 134). Theoretically you are supposed to not follow unlawful orders, but when it comes down to it, the difference is if you are in a "up tempo" situation or stateside. Different people react to different circumstances with different results. What one may consider unlawful may seem completely normal to someone else.
2007-01-24 11:05:27 · answer #3 · answered by Flynn380 3 · 0⤊ 0⤋
Yes, there's a duty not to obey unlawful orders. But you'd better understand something, there's also a responsibility to accept the consequences if you're wrong, and believe me, those consequences aren't going to be pretty.
2007-01-24 11:14:47 · answer #4 · answered by Yak Rider 7 · 1⤊ 0⤋
Yes. If the order is unlawful, you must disobey..However, unlawful in civlian society and unlawful in the armed forces are different..
2007-01-24 12:13:06 · answer #5 · answered by Chris in SA 1 · 0⤊ 0⤋
If you disobey an unlawful order, better have all your ducks in a row.
2007-01-24 11:01:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
of course there is
However, YOU are not the one who decides whether an order is lawful or not.
Several cases of Soldiers who have gone AWOL or refused to deploy with their units have gone to trial. The Judicial system has CONSISTENTLY decided that "this is an unlawful war" is NOT a defence to prosecution.
Go ahead, argue the war is illegal, who is more qualified to determine legality, you or the SUPREME COURT?
2007-01-24 11:03:13 · answer #7 · answered by Richie.Rich 2 · 2⤊ 1⤋
Yes. So anyone in the military should refuse to go to Iraq.
2007-01-24 11:05:37 · answer #8 · answered by Anonymous · 1⤊ 3⤋