Legal and Illegal Orders According to Articles 90 and 92 of the UCMJ
It appears to me the six US Senators advising soldiers that they do not have to obey illegal orders were only quoting the code that governs all soldiers and sailors conduct. (UCMJ or Uniform Code of Military Justice)
https://www.ucmjlaw.com/disobey-a-superior-officer/\
Unlawful orders and defenses to Article 92 and Article 90
According to UCMJ Law Article 92 An order is unlawful if it violates the Constitution, U.S. laws, or military regulations and it directs a service member to commit a crime or unethical act.
Service members and their leaders must not disobey a superior officer if the orders they are given are lawful. Service members and their leaders might refuse to follow orders that are unlawful. One exception to Article 90 says a service member is not required to obey an order that violates the law. Every service member takes an oath that includes obeying lawful orders. Service members and leaders take this oath seriously.
Specific to UCMJ Article 92 the ambiguity of the issued order can contribute to the defense of someone accused of violating it. If the order or regulation was unclear or could reasonably be interpreted in multiple ways, the accused might not be guilty of attempting to disobey a superior officer . The burden falls on the prosecution to prove that the order was clear, and the accused willfully violated it.
WHAT ARE UNLAWFUL ORDERS?
An unlawful order is a directive issued by someone in a position of authority that violates the law, a person’s rights, or ethical principles. Following such orders can have legal consequences for both the person giving the order and the one executing it. Here are some examples of unlawful orders:
A superior orders a soldier to engage in war crimes, such as:
Targeting civilians intentionally.
Torturing prisoners of war.
Looting or pillaging property.
A commanding officer orders personnel to suppress lawful protests in violation of First Amendment rights.
Violations of International Laws.
Some other examples may be an Abuse of Authority:
Misuse of resources: A public official orders employees to use government funds or equipment for personal gain.
Harassment or retaliation: A superior orders someone to engage in workplace bullying or to retaliate against a whistleblower.
Penalties for violating UCMJ Article 90 and UCMJ Article 92
Penalties for violating UCMJ Article 90 and UCMJ Article 92, or the willful disobedience of a lawful order, are up to 5 years of confinement, a dishonorable discharge, forfeiture of all pay and allowances.
https://www.ucmjlaw.com/disobey-a-superior-officer/\
Unlawful orders and defenses to Article 92 and Article 90
According to UCMJ Law Article 92 An order is unlawful if it violates the Constitution, U.S. laws, or military regulations and it directs a service member to commit a crime or unethical act.
Service members and their leaders must not disobey a superior officer if the orders they are given are lawful. Service members and their leaders might refuse to follow orders that are unlawful. One exception to Article 90 says a service member is not required to obey an order that violates the law. Every service member takes an oath that includes obeying lawful orders. Service members and leaders take this oath seriously.
Specific to UCMJ Article 92 the ambiguity of the issued order can contribute to the defense of someone accused of violating it. If the order or regulation was unclear or could reasonably be interpreted in multiple ways, the accused might not be guilty of attempting to disobey a superior officer . The burden falls on the prosecution to prove that the order was clear, and the accused willfully violated it.
WHAT ARE UNLAWFUL ORDERS?
An unlawful order is a directive issued by someone in a position of authority that violates the law, a person’s rights, or ethical principles. Following such orders can have legal consequences for both the person giving the order and the one executing it. Here are some examples of unlawful orders:
A superior orders a soldier to engage in war crimes, such as:
Targeting civilians intentionally.
Torturing prisoners of war.
Looting or pillaging property.
A commanding officer orders personnel to suppress lawful protests in violation of First Amendment rights.
Violations of International Laws.
Some other examples may be an Abuse of Authority:
Misuse of resources: A public official orders employees to use government funds or equipment for personal gain.
Harassment or retaliation: A superior orders someone to engage in workplace bullying or to retaliate against a whistleblower.
Penalties for violating UCMJ Article 90 and UCMJ Article 92
Penalties for violating UCMJ Article 90 and UCMJ Article 92, or the willful disobedience of a lawful order, are up to 5 years of confinement, a dishonorable discharge, forfeiture of all pay and allowances.
