The US Military, Lawful Orders, and the Uniform Code of Military Justice
I believe it was training day one in August of 1984 when my flight attended our UCMJ briefing. Our instructor was quite clear.
Our oath requires us to obey all lawful orders.
Period.
There are no exceptions.
We asked, “Why?”
The instructor told us.
If we receive and follow an illegal order, we can be charged, tried and convicted of whatever crime we have committed. If the crime warrants it, we could find ourselves in the luxury accommodations at Fort Leavenworth, Kansas.
“I was just following orders” is not a defense. You are responsible for your own actions, even as the result of an order.
We were also told of many German solders that tried to use that as a defense after WWII. It didn’t work in 1945, and it won’t work now.
We were told that we should respectfully decline.
We were also told we better be sure, because if the order is legal, and we refuse, that’s a charge under the UCMJ.
But don’t take my word for it. That was 1984. It’s been a minute since then.
If you did not understand that from your UCMJ briefing, I suggest you contact a military lawyer so they can confirm what I have said.
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