Some practice was found providing for a right to disobey an unlawful order. L The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order".In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed … In that case, we are to remember our oath to uphold the Constitution, our sense of honor, integrity, doing the right thing, etc. 1958) (order to report, while on leave, financial conditions unrelated to the military was not lawful); United States v. Desmond Doss, U.S. Army, World War II. There is no duty to disobey orders to deploy in support of a putatively unlawful conflict, unlike the duty to disobey manifestly unlawful orders in combat. In fact, when a superior gives an unlawful order to his subordinate That said, they did admit that there could conceivably be a situation where we wouldn’t be able to refuse an unlawful order and still be able to walk away free men (or at all, in theory). NORTHERN ONTARIO ~~~~~ February 26, 2021 (LSN) No one has a moral obligation to obey COVID-19 lockdown orders. If an employee feels as though he must disobey, he or she should always consult first with an experienced federal employment law attorney, who could assess the situation and determine whether such an action would be protected. A Duty to Disobey All Unlawful Orders By … From the application of this axiom to the situation that nobody in the government has a right to issue an unlawful order, it would naturally follow that his subordinates have no duty to carry out his unlawful orders. Disobeying an order, whether it would result in a violation of law or regulation, is a very serious matter. §2302(b)(9)(D), if you’re curious) makes it illegal to remove a civil servant “for refusing to obey an order that would require the individual to violate a law.” 6. Doss wanted to serve, he just wasn’t willing to kill to do it and refused every order to carry a weapon or fire one. He still gets letters from the troops he saved that day, thanking him for disobeying his order to move out. 139 (C.M.A. United States v. Milldebrandt , 25 C.M.R. In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. However, the Nuremberg defense –- in either its original sense or when used to justify disobeying orders or laws which an individual decides are unlawful – is a Pandora’s box for society. Armed opposition groups. Moreover, federal law (5 U.S.C. The U.S. president has seemed poised in recent days to present members of the armed services with a terrible choice: follow the commander in chief’s orders or abide by the law. The Disobedience of an unlawful order should not entail criminal responsibility, under domestic law, as subordinates only have a duty to obey lawful orders. . An order that is “arbitrary and capricious, overlybroad in scope, or to impose an unjust limitation on a personal right” is not lawful. . to a right nobody is encumbered with a corresponding duty. . 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". the question that occurred to me was "Do US troops have not only the right, but the obligation to refuse to serve in Iraq because the war is a very clear violation of US and international law, making orders for them to serve there unlawful? Cpl. The views expressed in this post are those of the author and do not reflect those of the Department of the Army, Department of Defense, or any other governmental entity.
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