Understanding Your Right to Refuse Unlawful Orders in the Military
As a veteran, I’ve always believed deeply in the core principles that underpin our service: duty, honor, and defending the Constitution. A critical, yet often misunderstood, aspect of upholding that oath is knowing your rights when faced with an order that feels…wrong. You are not simply obligated to follow every instruction given to you. Actually, refusing an illegal order isn’t disobedience; it’s fulfilling your commitment to the law.
Recently, a group of heroic members of Congress released a video highlighting this vital point. Veterans For Peace has voiced their strong support, emphasizing the importance of servicemembers understanding their legal and moral obligations. They rightly point out that refusing an unlawful order is, in itself, defending the Constitution.
What Constitutes an Unlawful Order?
Determining what qualifies as an “unlawful order” can be complex. Here’s a breakdown of key considerations:
* Violates the Law: Any order that requires you to break a U.S. or international law is illegal.This includes orders involving excessive force, mistreatment of prisoners, or actions that violate due process.
* Violates the Uniform Code of Military Justice (UCMJ): Orders contradicting the UCMJ, which governs military conduct, are unlawful.
* Clearly Unjustified: Even if not explicitly illegal, an order can be unlawful if it’s patently unreasonable or lacks a legitimate military purpose.
* Conflicts with Standing Rules of Engagement: Orders that disregard established rules governing the use of force are unlawful.
Your Duty to Question and refuse
You have a legal and moral duty to question orders you believe are unlawful. Here’s what you should do:
- Seek Clarification: First, respectfully ask for clarification from the person giving the order. Sometimes, a misunderstanding can be resolved through communication.
- Document Everything: If you still believe the order is unlawful,document it in as much detail as possible. Include the date, time, who gave the order, and the specific instructions.
- Report Your Concerns: You have several avenues for reporting unlawful orders. Consider these options:
* Your chain of command (though this can be risky).
* The Inspector General.
* A military lawyer.
- Refuse the Order (If Necessary): If, after exhausting other options, you remain convinced the order is unlawful, you have the right – and the duty - to refuse it.Do so respectfully, stating your reasons clearly and concisely.
Resources Available to You
Navigating these situations can be daunting. Fortunately, several organizations are dedicated to supporting servicemembers:
* GI rights Hotline: This organization provides confidential counseling and details on your rights as a service member. (https://girightshotline.org/)
* Center on Conscience and War: They offer support and advocacy for those facing conflicts between their beliefs and military service. (https://centeronconscience.org/)
* Military Law Task Force: This group provides legal assistance and advocacy for servicemembers facing legal challenges. (https://nlgmltf.org/)
I’ve found that many servicemembers are unaware of these resources, or hesitant to use them. Don’t be. These organizations are there to help you understand your rights and navigate difficult situations.
Protecting Your Integrity and the Constitution
Remember, upholding the Constitution isn’t just about following orders blindly. It’s about exercising your judgment, standing up for what’s right, and protecting the principles
