Nov 20, 2025 · Federal law, however, does not permit members of the military to break the law, even if they were commanded by a superior officer, from the commander-in-chief down the …

Mar 18, 2021 · Given the unique over-arching purpose of the military’s specialized criminal justice system, service-members cease to be subject to military law once they have cut their ties to …

Nov 21, 2025 · It is inherent in every service member’s oath that they will, when presented with an unlawful order, disobey it. It is not just an assumption, but a requirement. The most significant …

Nov 11, 2025 · For deployments within the United States, the Posse Comitatus Act of 1878 generally prohibits use of the military for policing. However, the Administration is developing …

Nov 21, 2025 · Under both U.S. military law and international standards, service members are legally required to refuse unlawful orders—a point often overlooked in public discourse and …

When the members of Congress in their video urge what seems to be the entire military not to follow illegal orders, they may unintentionally blur the very lines that keep the system functioning.

Sep 19, 2023 · So what happens if a service member fails to uphold this oath by disobeying a direct order? Article 92 of the Uniform Code of Military Justice (UCMJ) covers this topic in detail.

Upon enlisting in the United States Armed Forces, each person enlisting in an armed force (whether a soldier, Marine, sailor, airman, or Coast Guardsman) takes an oath of enlistment …

Section 3 of Pub. L. 87–751 provided that: “This Act [amending this section and section 304 of Title 32, National Guard] does not affect any oath taken before one year after its enactment …

Nov 17, 2024 · Military personnel who break the oath can face court-martial and punishment, including imprisonment and dishonorable discharge. Additionally, breaking the oath can also …