Under the UCMJ, a lawful order must relate to military duty and have a valid purpose, be clear, and not conflict with the Constitution or U.S. laws. Service members have a duty to obey lawful orders, but they must refuse or report orders that are illegal, such as those directing war crimes, harming civilians, or violating individual rights.
Characteristics of a lawful order
Relates to military duty: The order must have a valid military purpose.
Clear and specific: It must be clear, specific, and narrowly drawn.
Constitutional: It cannot conflict with the constitutional or statutory rights of the individual.
Not for personal affairs: It cannot regulate personal affairs unless there is a military purpose.
Characteristics of an unlawful order
Violates the Constitution or U.S. laws: Any order that breaks the law is unlawful.
Directs a crime: Orders to commit acts like targeting civilians, torturing detainees, or falsifying records are unlawful.
Contradicts military regulations: An order that contradicts established statutes or regulations is unlawful.
Issued without lawful authority: An order from someone without the proper authority is unlawful.
What to do if you receive an order
If the order is lawful: You have a duty to obey it. Disobeying can lead to severe punishment under Article 92 of the UCMJ.
If the order is unlawful: You have a duty to refuse to obey it. Obeying it could also expose you to criminal liability.
If you are unsure: If an order is unclear or you believe it may be unlawful, it is best to seek clarification and legal guidance immediately.
Report illegal orders: You should report illegal orders to the appropriate authorities.
