6. Soldiers are obligated to refuse illegal orders
This is not optional. Following an illegal order can lead to:
•Court-martial
•Prison
•Dishonorable discharge
•Personal criminal liability (even decades later)
Was established strongly after WWII “I was just following orders” is not a defense.
6. Soldiers are obligated to refuse illegal orders
This is not optional. Following an illegal order can lead to:
•Court-martial
•Prison
•Dishonorable discharge
•Personal criminal liability (even decades later)
Was established strongly after WWII “I was just following orders” is not a defense.
6/7
5. They can report the order
If the soldier believes the order is illegal, they must refuse it and report it through:
•The chain of command
•JAG (Military lawyers)
•IG (Inspector General)
•Chaplain
•Military police
•Whistleblower channels
6/7
5. They can report the order
If the soldier believes the order is illegal, they must refuse it and report it through:
•The chain of command
•JAG (Military lawyers)
•IG (Inspector General)
•Chaplain
•Military police
•Whistleblower channels
4. They ask for clarification
If something seems questionable but not obviously illegal, the soldier can ask:
•“Sir/Ma’am, can you clarify the intent of the order?”
•“Is this consistent with ROE?”
•Can you confirm this complies with LOAC?”
This protects both the soldier and the chain of command.
4. They ask for clarification
If something seems questionable but not obviously illegal, the soldier can ask:
•“Sir/Ma’am, can you clarify the intent of the order?”
•“Is this consistent with ROE?”
•Can you confirm this complies with LOAC?”
This protects both the soldier and the chain of command.
3. They look for conflict with the UCMJ (Uniform Code of Military Justice)
Under Article 92 of the UCMJ, soldiers must follow lawful orders.
Under Articles 90–92, an order is unlawful if it:
•as no military purpose
•Requires criminal behavior
•Violates LOAC, ROE, or U.S. law
3. They look for conflict with the UCMJ (Uniform Code of Military Justice)
Under Article 92 of the UCMJ, soldiers must follow lawful orders.
Under Articles 90–92, an order is unlawful if it:
•as no military purpose
•Requires criminal behavior
•Violates LOAC, ROE, or U.S. law
2. They use the “reasonable soldier” test
If reasonable person clearly is unlawful, the soldier must refuse it.
Examples of “clear” illegal orders:
•“Shoot those unarmed civilians.”
•“Destroy that hospital.”
•“Torture that prisoner.”
•“Execute that detainee.”
These are not “gray areas.”
2. They use the “reasonable soldier” test
If reasonable person clearly is unlawful, the soldier must refuse it.
Examples of “clear” illegal orders:
•“Shoot those unarmed civilians.”
•“Destroy that hospital.”
•“Torture that prisoner.”
•“Execute that detainee.”
These are not “gray areas.”
1. Follow the Law of Armed Conflict and Rules of Engagement (ROE)
They are trained in:
•The Geneva Conventions
•Laws of war
•Rules of engagement for their mission
•U.S. military law
Anything that directly violates these —is automatically illegal.
1. Follow the Law of Armed Conflict and Rules of Engagement (ROE)
They are trained in:
•The Geneva Conventions
•Laws of war
•Rules of engagement for their mission
•U.S. military law
Anything that directly violates these —is automatically illegal.