U.S. military personnel are obligated under military law and longstanding military norms to refuse orders that are unlawful or that would require violations of the Constitution.
November 21, 2025
high
legal/procedural
General principle about lawful versus unlawful orders in military service.
Under U.S. military law, military personnel are obligated to reject orders they determine to be unlawful, and commanders typically have military lawyers on staff to consult while rank-and-file service members often lack comparable access to legal counsel.
November 20, 2025
high
legal
Describes duty and practical differences in legal support between commanders and enlisted personnel when assessing the lawfulness of orders.
Broad legal precedent holds that the 'Nuremberg defense'—claiming one was 'just following orders'—does not absolve military personnel of responsibility for unlawful actions.
November 20, 2025
high
legal
Legal principle established after World War II regarding individual responsibility for unlawful acts even when performed under orders.
The Uniform Code of Military Justice (UCMJ) includes provisions that can criminally charge service members for disobeying orders, including Article 90 for willfully disobeying a superior commissioned officer and Article 92 for failure to obey an order.
November 20, 2025
high
legal
Lists specific UCMJ articles commonly applied when service members do not follow orders.