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#UniformCodeOfMilitaryJustice

The Japan Timesthejapantimes
2025-12-09

U.S. senators telling troops they don’t have to obey illegal commands has sparked ire from President Donald Trump, underscoring the enduring principle that soldiers must follow conscience and the law above orders. japantimes.co.jp/commentary/20

StacesCases2 🇨🇦 📎stacescases2.bsky.social@bsky.brid.gy
2025-11-26

#UniformCodeofMilitaryJustice states that service members CAN be liable for following unlawful orders, including burglary, murder, assault, rape. The UCMJ also prohibits "all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses." www.rawstory.com/karoline-lea...

Karoline Leavitt declares sold...

John :af: :60: :05: :12: :GP:John@fairdinkum.one
2025-11-24

RE: mastodon.social/@heidilifeldma

U.S. service members take an #oath to uphold the #Constitution.

Article 92 of the #UniformCodeOfMilitaryJustice & the U.S. Manual for Courts-Martial, service members must obey lawful orders & disobey unlawful orders. #Unlawfulorders are those that clearly violate the U.S. Constitution, international #humanrights standards or the #GenevaConventions.

Following orders from a superior is no defense.

#TrumpRegime #TrumpCrimeFamily #USPol #MarkKelly #auspol

DrWebdrweb2@drwebdomain.blog
2025-11-21

UCMJ Article 92 & The Duty to Disobey Illegal Orders – 2025

Editor’s Note: This text (edited) was created by Gemini, November 20, 2025. The image is provided as CC0 1.0 public domain for use by anyone as needed.

The Uniform Code of Military Justice (UCMJ) does not explicitly have a section titled “constitutional duty to disobey illegal orders,” but its provisions clearly establish that military personnel are required to obey only lawful orders. Illegal orders—those that violate the Constitution, U.S. laws, or international laws—do not require compliance and must be disobeyed.

Relevant UCMJ Articles and Provisions
Article 92 (10 U.S.C. § 892) – Failure to Obey an Order or Regulation

This article makes it a punishable offense to disobey lawful orders or regulations. It applies only to lawful orders, implying that unlawful orders are not to be obeyed. Orders are presumed lawful unless they clearly violate laws or constitutional rights.

This article also emphasizes the obedience of lawful orders, with punishment for willful disobedience. It implicitly excludes unlawful orders from what must be obeyed.

Legal experts interpret this as underscoring that orders lacking valid military purpose or that violate the Constitution are illegal and must not be followed.

Legal and Constitutional Duty to Disobey Illegal Orders

Military personnel swear an oath to uphold the U.S. Constitution, placing constitutional duty above obedience to unlawful commands. They are legally and morally obligated to refuse orders that require criminal acts, torture, harming civilians, or violate treaties such as the Geneva Conventions.

The law and military legal commentary affirm that obeying illegal orders is not a defense for committing illegal acts (the “Nuremberg defense” is invalid). Service members have a responsibility to seek clarification, document, report, and refuse unlawful commands.

Illegal orders include any commands that contradict the Constitution, U.S. laws, lawful superior orders, or fall beyond the issuing official’s authority. The legality of an order can ultimately be decided by a military judge.

Summary

The UCMJ Article 92 governs obedience, but its text and interpretation make clear only lawful orders must be obeyed.

The constitutional duty to disobey illegal orders arises from the oath to defend the Constitution and the principle that illegal orders are void.

Military law supports refusal of orders that require crimes or violations of constitutional and international law, with protections for service members who do so lawfully.

This relationship is grounded in UCMJ Articles 90 and 92, intertwined with constitutional principles and military legal interpretations, providing a clear framework that service members must disobey illegal orders.

MLA Bibliography

#2025 #bibliography #constitutionalDuty #dutyToDisobeyIllegalOrders #gemini #geminiAi #googleGemini #internationalLaws #legalExperts #militaryJudges #mla #uSConstitution #uSLaws #ucmj #ucmjArticle90 #ucmjArticle92 #uniformCodeOfMilitaryJustice

John Yatesjhy001@toot.community
2025-10-05

To the military: Remember Your Oath & Know Your Rights! The #UniformCodeOfMilitaryJustice , tinyurl.com/ywvstau2 . Notes: Unlawful Orders: If a service member is given an order that violates the Constitution, it is an unlawful order. Refusal to Obey: Service members are generally not required to follow unlawful orders, even those from a superior officer. #Politics

John Yatesjhy001@toot.community
2025-09-30

To the military: Remember Your Oath & Know Your Rights! The #UniformCodeOfMilitaryJustice , tinyurl.com/ywvstau2 . Notes: Unlawful Orders: If a service member is given an order that violates the Constitution, it is an unlawful order. Refusal to Obey: Service members are generally not required to follow unlawful orders, even those from a superior officer. #Politics

John Yatesjhy001@toot.community
2025-09-28

To the military: Remember Your Oath & Know Your Rights! The #UniformCodeOfMilitaryJustice , tinyurl.com/ywvstau2 . Notes: Unlawful Orders: If a service member is given an order that violates the Constitution, it is an unlawful order. Refusal to Obey: Service members are generally not required to follow unlawful orders, even those from a superior officer. #Politics

kriykatkriykat@gs.leftic.club
2025-06-13

As Trump Sets Military Against Civilians, Soldiers Have Duty to Disobey
consortiumnews.com/2025/06/12/
The Marines are trained in combat, not crowd control, writes Marjorie Cohn. People are likely to get hurt. By Marjorie Cohn Truthout Four and a half months after his inauguration, Donald Trump is exercising his authoritarian chops, targeting immigrants in…
#Politics #CivilRights #Commentary #Legal #Militarism #Military #NewsAnalysis #Protests #TrumpAdministration #U.s. #1878PosseComitatusAct #ArmyFieldManual #Authoritarianism #FederalizationOfNationalGuard #Gov.GavinNewsom #InsurrectionAct #LosAngelesIceRaidProtests #MarjorieCohn #NationalLawyersGuild’sMilitaryLawTaskForce #NurembergPrinciples #U.s.DepartmentOfHomelandSecurity #U.s.ImmigrationAndCustomsEnforcement(ice) #U.s.Marines #U.s.PresidentDonaldTrump #UniformCodeOfMilitaryJustice

kriykatkriykat@gs.leftic.club
2024-11-14

Trump Doesn’t Hide Plan to Use Military Against Protestors & Immigrants
consortiumnews.com/2024/11/13/
The recent Supreme Court decision granting presidents nearly absolute immunity for official acts leaves fewer guardrails to prevent Trump from abusing his authority, writes Marjorie Cohn. By Marjorie Cohn Truthout “The next time, I’m not waiting” before committing troops to suppress…
#Politics #CivilRights #Commentary #Election2024 #Immigration #Legal #Militarism #Military #Protests #U.s. #U.s.SupremeCourrt #14ThAmendment #1878PosseComitatusAct #AttorneyGeneralWilliamBarrGeorgeH.w.Bush #BlackLivesMatter #CitizensForResponsibilityAndEthics #Deportations #DonaldTrump #GeorgeFloyd #Gov.PeteWilson #HaroldHongjuKoh #InsurrectionAct #Lawfare #MarjorieCohn #MarkA.Milley #MichaelLoughlin #NationalGuard #NationalLawyersGuild #PresidentGeorgeH.w.Bush #RodneyKing #SecretaryOfDefenseMarkT.Esper #UniformCodeOfMilitaryJustice

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