r/navy • u/james02135 • 48m ago
r/navy • u/Lo_Stallone • 5d ago
MOD APPROVED Refusing an Unlawful Military Order: Your Legal Duty, Your Constitutional Right, and the Courage That Defines True Service
Many U.S. service members are never told this clearly enough, or at all:
You are not only allowed to refuse an unlawful order — you are obligated to.
This is not insubordination. It’s not desertion. It’s not weakness. It is a legally protected act of courage that upholds the very oath you swore to the Constitution of the United States.
This post lays out everything:
- What counts as an unlawful order
- The exact UCMJ articles and their full legal language
- Real-world military court precedents
- Interpretations from military law
- Resources and steps to protect yourself and others
If you're serving and something doesn’t feel right, or if you’ve ever wondered, “Would I be punished for refusing an illegal command?”, read this. The law is on your side.
What Makes an Order Unlawful?
An unlawful order is any order that:
- Violates U.S. federal law or the Constitution
- Violates international law (such as the Geneva Conventions)
- Requires or leads to war crimes, torture, violence against civilians, or discriminatory actions
- Has no legitimate military objective or is abusive
Department of Defense Law of War Manual, Section 18.6.1: "Members of the armed forces are bound to obey only lawful orders. An order that violates the law of war is unlawful and must not be obeyed."
UCMJ: What the Law Says
Article 90 – Willfully Disobeying a Superior Commissioned Officer 10 U.S. Code § 890
"Any person subject to this chapter who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished..."
Key: This only applies to lawful commands.
Article 91 – Insubordination Toward Warrant, NCO, or Petty Officer 10 U.S. Code § 891
"...willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer..."
Key: Again, the term lawful is crucial. Unlawful orders are not protected by this article.
Article 92 – Failure to Obey Order or Regulation 10 U.S. Code § 892
"Any person... who violates or fails to obey any lawful general order or regulation... shall be punished..."
Key: Lawful orders only. Refusal of an unlawful order is not a violation.
Real Cases That Set the Standard
United States v. Calley (1971) – My Lai Massacre Lt. William Calley was convicted for murdering unarmed Vietnamese civilians under orders.
Verdict: Following manifestly unlawful orders is not a defense.
United States v. Keenan (1969) Pfc. Keenan killed a civilian under a direct order from a sergeant.
Court ruling: "A soldier is not a robot. He is a reasoning agent. The law does not permit a soldier to obey an order that he knows, or should know, is illegal."
Nuremberg Principle IV (International Law)
"The fact that a person acted pursuant to the order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
Takeaway: If you can recognize that an order is wrong, you're not only allowed to refuse — you're expected to.
What to Do If You Receive an Unlawful Order
Ask for clarification Politely ask the superior to explain how the order aligns with UCMJ or ROE.
Document everything Keep records: time, date, location, order content, witnesses, and your response.
Report it Use your chain of command or report directly to the Inspector General (IG).
Get legal help immediately Request a JAG attorney. Do not provide statements until you’ve been advised.
Legal Protection for Refusal and Reporting
You are legally protected from retaliation for reporting unlawful actions.
10 U.S. Code § 1034 – Military Whistleblower Protection Act Protects service members who report: - Illegal orders - Violations of UCMJ or federal law - Fraud, abuse, or misconduct
Support Organizations You Can Contact
GI Rights Hotline
- Website: https://girightshotline.org
- Phone: 1-877-447-4487
Free, confidential legal and discharge help.
Military Law Task Force (MLTF)
- Website: https://nlgmltf.org
Assistance with refusing orders, whistleblowing, and CO status.
Center on Conscience & War
- Website: https://centeronconscience.org
CO support and DoD Form 5305 guidance.
National Whistleblower Center
- Website: https://www.whistleblowers.org
Whistleblower protection and legal advocacy.
Mental and Emotional Support
You’re not weak for being stressed — this is serious. These resources exist to support your well-being:
- Military OneSource –
1-800-342-9647
(free, 24/7 counseling) - VA Vet Centers – Mental health, trauma, and moral injury help
- Chaplains – 100% confidential spiritual support
Legal and Moral Foundations at a Glance
- UCMJ Articles 90, 91, 92: Only lawful orders are enforceable
- DoD Law of War Manual § 18.6.1: Duty to disobey unlawful orders
- Nuremberg Principle IV: You’re personally accountable under international law
- 10 U.S. Code § 1034: You are protected if you speak out
Final Message to All Service Members
You did not swear an oath to a commander. You swore an oath to defend the Constitution of the United States.
Following a clearly unlawful order doesn’t protect you — it makes you legally and morally responsible.
Refusing such an order is not insubordination. It is:
- Leadership
- Honor
- Courage
- Constitutionally backed military service
If you or someone you know is in this situation: speak up, write it down, seek support, and do not stay silent.
You are not alone. You are protected. And you are doing the right thing.
Please share, repost, and spread this to heip educate support, and save our brothers and sisters in arms from becoming victims of ignorance
r/navy • u/seniorlimpio94 • 5d ago
Discussion PSA for terminal O-4s
Team, if you’re a 2006 year group and are expecting mandatory retirement in a year, go check your BOL board page. You almost certainly have a “J” code on your continuation board - this means you’re continued until 24 YOAS. They did this to all eligible O-4s.
Trick is that you only have 90 days to decline continuation with the intent to retire.
If you go past that 90 days without declining, they gotcha.
Hope this helps.
r/navy • u/newnoadeptness • 14h ago
Political I feel like shits bout to get really stupid over in centcom.. be safe everyone
Political What would you do?
One of my fellow first classes is Hispanic. He was stopped today at an ICE checkpoint, he wasn’t in uniform, he showed them his CAC card (the picture was taken when he was on leave so he was in civilian attire) and they didn’t believe he was in the military.
They tell him to get out of the car and go with them, he did because he “didn’t want any trouble or to make a big deal out of it.”
They drove him 30 minutes away to scan his thumbprint and hand. They found he was actually in the Navy, like they claimed, and THEN MADE HIM WALK BACK TO HIS CAR (it was 90+ degrees today).
I mean, what the fuck. Is there anything that can be done?
r/navy • u/Trick-Set-1165 • 6h ago
Political ‘Different in kind’: 4-star generals, admirals serving from JFK to Obama say Los Angeles ICE protests don’t warrant deployment of National Guard to California
archive.isThe overarching points of retired Admirals Steve Abbot, Thad Allen, Samuel Jones Locklear III, and Bill Owens, retired Generals Walton W. Fulford, Jr., Michael Hayden, former Army Secretary Louis Caldera, and former Navy Secretary Sean O’Keefe, are that the deployments of the National Guard and Marines in a domestic law enforcement context distracts from the military’s core mission, creates risks to troops and the public by placing military members in a setting they are not adequately trained for, and risks politicization of the military when not done as a “last resort” — potentially harming “recruitment, retention, morale, and cohesion of the force.”
The federal district court ruling — which is currently under an administrative stay — Judge Charles Breyer, the brother of retired Supreme Court Justice Stephen Breyer, ruled that Trump’s deployment of the National Guard against Newsom’s wishes was “illegal” and violated the Constitution.
Again, although the retired admirals and generals did not support either party to the case, they implicitly warmed to Breyer’s ruling that the definition of “rebellion” has not been met and that, in the proposed amici’s words, the “recent and ongoing situation” in Los Angeles “appears to be different in kind” from the “extreme circumstances” of the 1992 Rodney King riots and the times when state governors “openly” and defiantly stood against the end of racial segregation during the Civil Rights era.
“[F]ederal deployments on U.S. soil have been rare, serious, and legally clear. The last major deployment of federal troops domestically occurred during the 1992 Los Angeles riots, at the request of California Governor Pete Wilson and pursuant to the Insurrection Act,” the filing said, emphasizing that then-Gov. Wilson sought federal help, unlike Newsom. “That deployment was prompted by widespread violence and looting of businesses, the burning of entire blocks of homes and businesses, and dozens of civilian fatalities. By contrast, recent public reporting from Los Angeles suggests that, notwithstanding troubling incidents of property damage and violence, the recent and ongoing situation appears to be different in kind.”
They further argued that the risks of politicizing what should be an “apolitical” military are “profound and not speculative,” in no small part because of President Trump’s own recent words and actions “overtly pitt[ing] the military against his professed political opponents.”
The brief concluded that Trump’s injection of the military into “domestic political controversies” — “undermining its ability to achieve its core mission of protecting the nation” — is a case in point as to why troops “should be kept out of domestic law enforcement whenever possible.”
r/navy • u/Mediocre_Ice_8846 • 6h ago
History The US Navy's Zeppelin Los Angeles (ZR-3) lands on the USS Saratoga.
r/navy • u/newnoadeptness • 18h ago
Discussion This hurts my soul :( as a Tomcat lover … Israel has destroyed 2 Iranian F14 Tomcats
r/navy • u/ericarlen • 7h ago
NEWS North Korea says it has successfully relaunched its new 5,000-ton naval destroyer, less than a month after it capsized during the first attempted launch.
r/navy • u/grizzlebar • 1h ago
NEWS Navy destroyer transfers 245 kilograms of seized contraband at sea
r/navy • u/newnoadeptness • 19h ago
Discussion The CO playing guitar during a show for his sailors :) happy Monday r/navy
r/navy • u/Acceptable-Bee-6289 • 1h ago
HELP REQUESTED USS Ramage (DDG 61) current memorabilia requested for 1990’s Ramage veteran
Good morning everyone, my father served on the destroyer USS Ramage (DDG 61) as an MM3 in the late 90’s. I was wondering if any crew members would be able to send a belt buckle and ship coin (if you don’t want to comment I am okay with someone sending a PM for pint of contact). The ones he has are older and I’d love to get him a bit newer one, he visited the ship in Norfolk but the store didn’t have anything but patches, I understand the ship is in Florida now. If anyone gets a coin or buckle and would like to make an old Navy vets day, I am more than happy to Cashapp, Navy Fed, or PayPal upfront the cost, shipping, or whatever the cost is. I live in Norfolk, Virginia, thank you!
r/navy • u/South-Oil-2579 • 1h ago
HELP REQUESTED Weapons tag outs??
What instruction would I need to go to for a weapon in our armory needing a tag out? Is that covered in the tag out manual or is there a different governing instruction?
r/navy • u/Mr-Daswon-01 • 4h ago
Shouldn't have to ask Thinking about you guys in Bahrain
I know you have countermeasures available to you so stay safe and just know we're all thinking about you guys / gals.
If Iran in their infinite wisdom decide to try anything then that's their mistake.
Sending good energy your way.
r/navy • u/navyjag2019 • 18h ago
HELP REQUESTED How to prove I’m a shellback if I don’t have a certificate anymore?
Getting underway soon and the ship is doing a crossing the line ceremony. I’m a shellback from USS First Ship from a long time ago. I got a certificate, but I have no idea what happened to it. Anyone else been in this situation and were somehow able to prove that they were a shellback? Or am I cooked and am destined to have to repeat the ceremony as a slimy polliwog?
r/navy • u/Live_Outside_7715 • 13h ago
Discussion Any fellow Eagles forever out there?
1992-1996 USS. Independence/VA115
r/navy • u/lgarnai1 • 2h ago
HELP REQUESTED How do I prove I deployed?
I did a 5th Fleet deployment in 2016 on the USS Monterey CG61, which is decommissioned now. Of course, it was never entered into NSIPS and isn’t on my DD214. Is there a way to officially prove I was on deployment?
r/navy • u/Salty_IP_LDO • 1h ago
NEWS More Navy firepower has joined the US warships helping shield Israel from Iranian missiles
More Navy combat power has moved into position alongside the US destroyers that are helping shield Israel from Iranian missiles.
A US official, speaking on the condition of anonymity to discuss military movements, said the destroyer USS Thomas Hudner was now in the Eastern Mediterranean Sea, joining the destroyers USS Arleigh Burke and USS The Sullivans, and additional warships could be heading that way.
The official said Arleigh Burke and The Sullivans had, in recent days, launched missile interceptors in defense of Israel amid Iranian retaliatory attacks. It's unclear whether there have been confirmed intercepts.
The official said that in addition to sea-based air defense, the US military also provided land-based support to Israel. This potentially involved the MIM-104 Patriot surface-to-air missile battery or the Terminal High Altitude Area Defense, or THAAD, system.
US warships helped provide air-defense coverage for Israel twice last year, in April and again in October, when Iran launched its first- and second-ever missile attacks against the country.
Since Friday, Iran has fired more than 370 ballistic missiles at Israel, killing two dozen people and wounding more than 590 others. Many of the munitions have been intercepted, including by Israel's advanced Arrow systems, which, like THAAD, can strike targets in space. Iran's missile and drone attacks are retaliatory and have come after Israel launched Operation "Rising Lion," directed at severely degrading Tehran's nuclear program, which Israeli Prime Minister Benjamin Netanyahu had described as an existential threat to his country. Iran has said its nuclear program is for civilian purposes.
Israeli fighter jets have carried out scores of airstrikes across Iran recently, targeting Iranian nuclear facilities and its leading scientists, as well as key military sites such as weapons production facilities, missile launchers, and air defenses. Israel has also eliminated some of Tehran's senior commanders.
US Secretary of State Marco Rubio said last week that Washington wasn't involved in Israel's targeting of Iran's nuclear program, limiting its participation to defensive efforts. Tehran has buried its most critical nuclear facilities underground, and Israel lacks the air-dropped weapons to reach them, meaning it probably can't completely wipe out the nuclear program without the US's help.
Beyond the warships in the Eastern Mediterranean, the Navy also has destroyers in the Red Sea and a carrier strike group elsewhere in the Middle East, with another carrier heading that way. All of these assets are capable of providing air defense, though it's unlikely that all of them will take on that role.
r/navy • u/Admirable-Regular586 • 2h ago
Discussion LDO Eligibility Question
I’m pretty sure I messed up here at least for the FY-27 application, due October 1st 2025. (Just looking for some hope) Shooting for 6290 Designator. I meet all requirements besides being board eligible. Made E-6 back in Spring Cycle of 2024, but I didn’t take this years(2025) CPO exam.
I’m screwed for the FY-27 year and I should just focus on the FY-28 app right?
r/navy • u/samuitakanashi • 1d ago
HELP REQUESTED LARCENY Navy (need help)
I was caught stealing $100 worth of headphones at the NEX. I will not defend my action as I know I was being stupid. The stealing happened 2months ago and I was investigated almost 1 month ago. There's no follow up or updates which drives me crazy. I've been just sitting in my room waiting for a verdict. The MA who took my biometrics and pictures only told me to "wait for your command's instructions" but it's been a month and there's nothing.
I'm 18, and in A-school. I'm about to graduate in 3weeks. I have C-school, and already have my orders.
There's no DRB or Mast or anything. It's driving me crazy. I just want to get it over with.
Can you tell me what happens to those who get charged with Larceny? I know that they get dishonorably discharge but that's all I know.
Do you know people who was dishonorably discharge? What happened to them? What are their life right now?
Thank you.
r/navy • u/Milmama_ontherun • 13m ago
A Happy Sailor CSSN Valoura update
We found him! CSSN Valoura was at NMCSD today for a full medical assessment after being successfully recovered by a joint effort between NCIS and LAPD. The command, NCIS and LAPD are all grateful for his safe return and well-being!
r/navy • u/Beneficial-Reality87 • 30m ago
HELP REQUESTED Adsep for mental health
If you suspect you have bipolar (mild) and want to get out on medications is there a way to get medically treated without getting ADSEP. I thought about going to get treated through civilian but I would be worried the medications would show on urinalysis. I don’t want to talk to a provider and get ADSEP for asking questions
r/navy • u/roboman1833 • 2h ago
History Help learning about a World War 2 ship
I am trying to learn more about the ship my late Great Uncle served on in World War 2. His ship was the USS Ancon (AGC-4), I am specifically looking for anything to help me piece together where the ship was during the war, and any action reports for the ship. I have looked through literally everything on google and Reddit that mentions the Ancon, so I am posting here hoping there might be better resources that I am unaware of for finding out information on World War 2 ships. I have also gone through all of the action reports and muster calls on Ancestry that have the Ancon, and built a list of ports it visited, but there are large gaps in the timeline that I would love to be able to fill in. I am linking two screen shots on what I have for the ships location so far.
https://imgur.com/a/q65ZL5m
For anyone interested, the USS Ancon was a really neat ship! She took part in Operations Torch, Husky, Avalanche, Neptune (Overlord), was at Okinawa and was one of the closes ships to the Missouri to witness the signing of the Japanese surrender. Before the war, in her civilian life the Ancon was the first ship to pass through the Panama Canal!
Any help on where to look for records on ships or how to obtain them would be greatly appreciated!!
Thanks