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this post was submitted on 20 Nov 2025
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Per the same Uniform Code of Military Justice all orders are lawful until military court deems them unlawful.
Only military court can determine the order to be illegal and until that determination is made months later the military can apply all the sactions against you (no pay, solitary confinment, loss of rank, etc.). Following orders even illegal ones is also an affimative defense for any crimes. It's all by design as US learned from Nuremberg trials.
I'd like for you to point that part out, as the only other reference is here:
From the commentary/guidance for Article 92:
“An order is presumed lawful. … A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders …”
Again, order can be ruled illegal later, but until the military court makes that determination, you will be held in breach of UCMJ for refusing to obey an order.
If you have some time listen to https://youtu.be/TwPLqGkYnBA where an actual JAG explains it better than I can.
So the Nuremburg trials still hold fast as an example here. A soldier can make the determination to undergo potential courtmartial, or he can avoid the death squad. I know which one I'd pick. We don't have mindless soldiers in our military.
If an order violates the law, they are wise to disobey, just as I said.
No matter who you are or what the situation is, the 'right thing' just might come with a price, and a good person is simply willing to pay it.