Illegal military orders
Unlawful orders and defenses to Article 92 and Article 90
According to UCMJ Law Article 92 An order is unlawful if it violates the Constitution, U.S. laws, or military regulations and it directs a service member to commit a crime or unethical act.
An unlawful order is a directive issued by someone in a position of authority that violates the law, a person’s rights, or ethical principles. Following such orders can have legal consequences for both the person giving the order and the one executing it. Here are some examples of unlawful orders:
A superior orders a soldier to engage in war crimes, such as:
Targeting civilians intentionally.
Torturing prisoners of war.
Looting or pillaging property.
A commanding officer orders personnel to suppress lawful protests in violation of First Amendment rights.
Violations of International Laws.
Misuse of resources: A public official orders employees to use government funds or equipment for personal gain.
Harassment or retaliation: A superior orders someone to engage in workplace bullying or to retaliate against a whistleblower.
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Disobey a superior officer: defenses to UCMJ Article 90 and UCMJ Article 92 - The Law Office of Peter Kageleiry, Jr.Disobey a superior officer: UCMJ Article 90 and UCMJ Article 92