When can a soldier or officer refuse to follow an order they disagree with? Save my name, email, and website in this browser for the next time I comment. Can my 13 year old choose to live with me? In the spring of 2008, soldiers of Alpha Co, 1-18th Infantry lined four Iraqi prisoners up near a canal and executed them. An order to perform a military duty, no matter how dangerous, is lawful as long as it doesn't involve the commission of a crime. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Under the McCain amendment to the 2006 National Defense Authorization Act, no Department of Defense employee may use any interrogation technique not authorized under the Army Field Manual. Required fields are marked *. Disobeying orders certainly brings with it that risk, because many of the presidents supporters would likely decry any soldiers refusal to obey as a partisan stain on a nonpartisan institution. But what other, less clear-cut orders might give rise to an obligation to disobey? These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. No more than 2 years of confinement. Former Director of the CIA Michael Hayden argued that the military would disobey Trump's worst orders. Legal Definition Of Notwithstanding Clause. It is obvious that a soldier could not refuse to disobey an order simply because he disagreed with its tactical wisdom. What is the punishment for disobeying a lawful order? This website uses cookies to improve your experience while you navigate through the website. In the military, orders are to be followed without question. (He ultimately served 3 1/2 years in military prison.). But opting out of some of these cookies may affect your browsing experience. Naval Academy, the Naval Postgraduate School, the U.S. Navy, the Department of Defense, or any other entity within the U.S. Government; and the authors are not authorized to provide any official position of these entities. It is also important to be objective and honest in your assessment. Although the general added that he was not talking about a coup by the military, his remarks had the rather scary sound of just such a maneuver.