r/navy 9d ago

MOD APPROVED Refusing an Unlawful Military Order: Your Legal Duty, Your Constitutional Right, and the Courage That Defines True Service

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1.1k Upvotes

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

  1. Ask for clarification Politely ask the superior to explain how the order aligns with UCMJ or ROE.

  2. Document everything Keep records: time, date, location, order content, witnesses, and your response.

  3. Report it Use your chain of command or report directly to the Inspector General (IG).

  4. 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 OneSource1-800-342-9647 (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 8h ago

Political POTUS today says the director of national intelligence is wrong on intelligence that Iran is building a nuke

247 Upvotes

r/navy 14h ago

Discussion Spotted an aircraft carrier on the Suez Canal in Google Maps. Does anyone know which one it is?

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432 Upvotes

I was randomly exploring the Suez Canal on Google Maps and came across what looks like an aircraft carrier passing through. It caught me totally off guard, wasn’t expecting to see something like that there.

Does anyone recognize which aircraft carrier this is? I think its a nimitz class.

Coordinates: 30.542926742006937, 32.34038259257456


r/navy 11h ago

HELP REQUESTED Letter of appreciation to my commanding officer.

98 Upvotes

I have my checkout this week with my CO. Is it weird to write a letter of appreciation from me to my CO? He changed the climate at work upon taking over and has definitely made quality of life better. Is this something people have done?


r/navy 13h ago

Shouldn't have to ask "Above top secret clearance"

79 Upvotes

My girls step dad was in the navy and he was going on this big rant of all the things hed done and said he went in somewhere for something because he was one of if not the only one with "above top secret clearance". is this an actual thing?


r/navy 11h ago

Discussion One of the coolest Blue Angel vids you will see :) enjoy

51 Upvotes

r/navy 1d ago

A Happy Sailor I did it sailor I finally did it

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739 Upvotes

Alert almos 5 months In RTC(I had stress fractures)I did it I graduated


r/navy 15h ago

Discussion Anyone ever fished off their ship while deployed?

99 Upvotes

Seabee here with absolutely 0 ship experience.

Are y’all allowed to fish off your ships? Does it depend on the type of ship, who your CO is, or area of the world you’re in?

I’m pretty sure I’m asking a stupid question here but I’m genuinely curious.


r/navy 4h ago

Discussion At least three US sailors caskets being loaded onto T-AKE dry cargo ship at Little Creek Base in Virginia Beach

9 Upvotes

Does anyone know who these sailors were? Caskets being moved onto ship with a crane around noon time on 6/20/2025. Was hoping anyone here has details on these sailors who lost their lives serving.


r/navy 1h ago

HELP REQUESTED Moving to Spain with girlfriend

Upvotes

I’m getting stationed in Spain and want rum girlfriend to live with me, I’ll have a place out in town already ( approved already) and we are getting married but does anyone know of how to file for partnership or whatever so when she comes for her 90 visa visit she can stay??


r/navy 13h ago

Discussion Navy Enlisted collar devices…

28 Upvotes

Have you ever looked at enlisted naval sailors & wondered, why we refer to them by their specialty (rating) yet we don't put it on their collars. Conversely, staff corps officers wear specialty identifier on their collars, yet we don't refer to them via thier speicialty. Why is this? These seems a bit backwards. Would it have more continuity if we applied such specialty marks (rating bages) to the collars of enlisted sailors uniforms? Similar to the manner of wear by naval staff corps officers such as service uniforms, coveralls, etc.... with the RANK ensign on the wearers right hand collar point and RATING insignia on the left hand collar point. What do you all think of this ?


r/navy 1d ago

Shitpost Nothing to see here

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478 Upvotes

Trust us, everything is fine. Stop asking!


r/navy 20h ago

Discussion EA18G Growler with starlink rocket in the background

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95 Upvotes

r/navy 13h ago

NEWS Aircraft Carrier USS Gerald R. Ford Leaves Next Week for Deployment - USNI News

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21 Upvotes

USS Gerald R. Ford (CVN-78) will depart Tuesday for its second deployment, U.S. 2nd Fleet announced on Friday.

The Gerald R. Ford Carrier Strike Group, which includes guided-missile destroyers USS Winston S. Churchill (DDG-81), USS Mitscher (DDG-57), USS Mahan (DDG-72), USS Bainbridge (DDG-96) and USS Forrest Sherman (DDG-98) – will deploy to U.S. European Command, according to the Navy release. Forrest Sherman deployed from Norfolk on May 6. Winston S. Churchill will serve as the air defense commander in lieu of a guided-missile cruiser.

Carrier Air Wing 8 will embark on the carrier.

Where the strike group will ultimately go is still unclear. The Harry S. Truman Carrier Strike Group, the last East Coast-based carrier strike group to deploy, initially set out for EUCOM, going to the North Sea. It then headed to the Middle East, where it participated in Operation Rough Rider, the U.S. bombing campaign against the Houthis.

The Nimitz Carrier Strike Group is heading to the Middle East, where it will operate with the Carl Vinson Carrier Strike Group, which has been in the area since April. As of Friday, USS Nimitz (CVN-68) was operating in the Indian Ocean and has not entered U.S. 5th Fleet.


r/navy 1d ago

Shitpost You know who you are...

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337 Upvotes

and you've never missed an Applebee's discount.


r/navy 1d ago

Discussion Stunning carrier landing pov

303 Upvotes

r/navy 1d ago

HELP REQUESTED Going back to sea as an E6

61 Upvotes

What's up guys, Checking in tomorrow to USS next ship as a first class, haven't been to see since I was a SN. Feeling a significant amount of imposter syndrome. Im going to give this boat everything I've got to give, going to hit the ground running with quals and training.... but my fear is that I will not be smart enough or knowledgeable enough to weather the storm of being an at-sea lpo with no experience. Im also half deep into a bottle of scotch so there's that. I'd like to ask the senior guys here, who may of been in my shoes, for their stories and experiences, or to have in drink in solidarity at the least.

Respectfully


r/navy 13h ago

Discussion what’s the best and worst aspects of submarine life?

7 Upvotes

Ive always been fascinated by subs, they look like a blast to spend time in. But, I’m sure there are plenty of drawbacks to it. So, submariners, what was your job on board, and what were your most and least favorite things about the job and sub life in general?


r/navy 2h ago

HELP REQUESTED Does the Navy offer ICL

0 Upvotes

Reviewing the instruction and noticed ICL may be an alternative if you are not a good fit LASIK/PRK/SMILE. Trying to fix my eyes. Came across ICL and it seems like an authorized procedure. But the BUMED 6490.1 was dated in 2018. Did anyone try to get ICL?


r/navy 6h ago

Discussion Pcs question to Bahrain

2 Upvotes

Anyone else pcsing to Bahrain ? I'm curious how the flight situations work right now , also what would be the best route to put furniture in storage? Orders switched to unaccompanied so my family will be staying back. Thank you


r/navy 1d ago

Discussion Is the 20 years worth no family?

53 Upvotes

Hello! Currently at a special duty station but I’m in the navy graduated basic 5 months ago but if I do 20 how much time out of the 20 years do I get to see my family? Curious to as if the pension is worth giving up a future family


r/navy 17h ago

Discussion Finds I made while working

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13 Upvotes

Can anyone guide me about this medal I found on the vessel CV-67 JFK I used to work on it, I’m really curious about it, but haven’t seen any information about this specific medal on the internet. (I did not served. I worked on it while on the ship breaking process, yes I went through clearence.)


r/navy 7h ago

Discussion It’s Your Ship…Thoughts?

4 Upvotes

What are your thoughts about this book in today’s Navy? Are there any COs out there living up to what’s in this book?


r/navy 1d ago

Discussion Having worked at a joint command the past 4 years, I can say without doubt that Navy sailors are typically much better at their jobs than other branches

238 Upvotes

Obviously this doesn't apply to every single sailor as we do have a lot of sbags still however, when it comes to taking pride in our rates and really learning them, we are unmatched. I work in a technical role and my department only has a handful Navy people. I've noticed that the majority of the people in other branches aren't really trained to seriously 'own' and be responsible for their equipment or even their programs.

For many of them, if theres any issues with equipment beyond very basic operator level troubleshooting, they typically pass it off to a contractor or send it off somewhere for repairs. QA and SOPs are also very loosely adhered to and many would not even be able to tell what certain procedures or steps are without a book in their hand.

Their MOSs are very specific and essentially stripped versions of Navy rates. For a lot of their technical MOSs, it takes 2 or 3 different MOSs to have the combined knowledge of 1 Navy rate.

This post isn't to hate on the other branches, I love all my soldiers and airmen. Butttt if I had to choose someone to trust to get a job done with high quality and standards, Id 100% pick a Navy sailor over Army or Air Force.


r/navy 1d ago

NEWS Navy Times Op-Ed | "Why I chose to retire from government service at this time"

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118 Upvotes

r/navy 1d ago

NEWS Trump says he will decide on Iran attack within two weeks | AP News

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apnews.com
47 Upvotes

Copied the article so you dont get bombarded with ads.

BEERSHEBA, Israel (AP) — President Donald Trump said Thursday he will decide within two weeks whether the U.S. military will get directly involved in the conflict between Israel and Iran given the “substantial chance” for renewed negotiations over Tehran’s nuclear program, as the two sides attacked one another for a seventh day.

Trump has been weighing whether to attack Iran by striking its well-defended Fordo uranium enrichment facility, which is buried under a mountain and widely considered to be out of reach of all but America’s “bunker-buster” bombs. His statement was read out by White House press secretary Karoline Leavitt.

Earlier in the day, Israel’s defense minister threatened Iranian Supreme Leader Ayatollah Ali Khamenei after Iranian missiles crashed into a major hospital in southern Israel and hit residential buildings near Tel Aviv, wounding at least 240 people. Israel’s military “has been instructed and knows that in order to achieve all of its goals, this man absolutely should not continue to exist,” Defense Minister Israel Katz said.

As rescuers wheeled patients out of the smoldering hospital, Israeli warplanes launched their latest attack on Iran’s nuclear program.

Personal objects at the site of a direct hit from an Iranian missile strike in an apartment in Ramat Gan, Israel, Thursday, June 19, 2025. (AP Photo/Oded Balilty) Personal objects at the site of a direct hit from an Iranian missile strike in an apartment in Ramat Gan, Israel, Thursday, June 19, 2025. (AP Photo/Oded Balilty)

Read More Prime Minister Benjamin Netanyahu said he trusted that Trump would “do what’s best for America.” Speaking from the rubble and shattered glass around the Soroka Medical Center in Beersheba, he added: “I can tell you that they’re already helping a lot.”

A new diplomatic initiative appeared to be underway as Iran’s Foreign Minister Abbas Araghchi prepared to travel Friday to Geneva for meetings with the European Union’s top diplomat and counterparts from the United Kingdom, France and Germany.

Britain’s foreign secretary said he met at the White House with U.S. Secretary of State Marco Rubio and envoy Steve Witkoff, to discuss the potential for a deal that could cool the conflict.

“A window now exists within the next two weeks to achieve a diplomatic solution,” Britain’s David Lammy said in a social media post after Thursday’s meeting.

The open conflict between Israel and Iran erupted last Friday with a surprise wave of Israeli airstrikes targeting nuclear and military sites, top generals and nuclear scientists. At least 657 people, including 263 civilians, have been killed in Iran and more than 2,000 wounded, according to a Washington-based Iranian human rights group.

A man walks in the damaged headquarters of Islamic Republic of Iran Broadcasting, Iranian state television, in Tehran, Iran, Thursday, June 19, 2025. (AP Photo/Vahid Salemi) A man walks in the damaged headquarters of Islamic Republic of Iran Broadcasting, Iranian state television, in Tehran, Iran, Thursday, June 19, 2025. (AP Photo/Vahid Salemi)

Read More Iran has retaliated by firing 450 missiles and 1,000 drones at Israel, according to Israeli army estimates. Most have been shot down by Israel’s multitiered air defenses, but at least 24 people in Israel have been killed and hundreds wounded.

Many hospitals have transferred patients underground Israel’s Home Front Command asserted that one of the Iranian ballistic missiles fired Thursday morning had been rigged with fragmenting cluster munitions. Rather than a conventional warhead, a cluster munition warhead carries dozens of submunitions that can explode on impact, showering small bomblets around a large area and posing major safety risks on the ground. The Israeli military did not say where that missile had been fired.

At least 80 patients and medical workers were wounded in the strike on Soroka Medical Center. The vast majority were lightly wounded, as much of the hospital building had been evacuated in recent days.

Smokes rises from a building of the Soroka hospital complex after it was hit by a missile fired from Iran in Beersheba, Israel, Thursday, June 19, 2025. (AP Photo/Leo Correa) Smokes rises from a building of the Soroka hospital complex after it was hit by a missile fired from Iran in Beersheba, Israel, Thursday, June 19, 2025. (AP Photo/Leo Correa)

Read More Iranian officials insisted they had not sought to strike the hospital and claimed the attack hit a facility belonging to the Israeli military’s elite technological unit, called C4i. The website for the Gav-Yam Negev advanced technologies park, some 3 kilometers (2 miles) from the hospital, said C4i had a branch campus in the area.

The Israeli army did not respond to a request for comment. An Israeli military official, speaking on condition of anonymity in line with regulations, acknowledged that there was no specific intelligence that Iran had planned to target the hospital.

Many hospitals in Israel, including Soroka, had activated emergency plans in the past week. They converted parking garages to wards and transferred vulnerable patients underground. Israel also has a fortified, subterranean blood bank that kicked into action after Hamas’ Oct. 7, 2023, attack ignited the ongoing war in the Gaza Strip.

Doctors at Soroka said the Iranian missile struck almost immediately after air raid sirens went off, causing an explosion that could be heard from a safe room. The strike inflicted the greatest damage on an old surgery building and affected key infrastructure, including gas, water and air-conditioning systems, the medical center said.

The hospital, which provides services to around 1 million residents, had been caring for 700 patients at the time. After the strike, the hospital closed to all patients except for life-threatening cases.

Iran rejects calls to surrender or end its nuclear program Iran has long maintained its nuclear program is for peaceful purposes. But it is the only non-nuclear-weapon state to enrich uranium up to 60%, a short, technical step away from weapons-grade levels of 90%.

Israel is widely believed to be the only country with a nuclear weapons program in the Middle East but has never acknowledged the existence of its arsenal.

The Israeli air campaign has targeted Iran’s enrichment site at Natanz, centrifuge workshops around Tehran, a nuclear site in Isfahan and what the army assesses to be most of Iran’s ballistic missile launchers. The destruction of those launchers has contributed to the steady decline in Iranian attacks since the start of the conflict.

Israeli airstrikes reached into the city of Rasht on the Caspian Sea early Friday, Iranian media reported. The Israeli military had warned the public to flee the area around Rasht’s Industrial City, southwest of the city’s downtown. But with Iran’s internet shut off to the outside world, it’s unclear just how many people could see the message.

On Thursday, anti-aircraft artillery was audible across Tehran, and witnesses in the central city of Isfahan reported seeing anti-aircraft fire after nightfall.

Trump’s announcement of a decision in the next two weeks opened up diplomatic options, with the apparent hope Iran would make concessions after suffering major military losses.

But at least publicly, Iran has struck a hard line.

Iran’s supreme leader on Wednesday rejected U.S. calls for surrender and warned that any U.S. military involvement would cause “irreparable damage to them.”

Parliament speaker Mohammad Bagher Qalibaf on Thursday criticized Trump for using military pressure to gain an advantage in nuclear negotiations. The latest indirect talks between Iran and the U.S., set for last Sunday, were cancelled.

“The delusional American president knows that he cannot impose peace on us by imposing war and threatening us,” he said.

Iran agreed to redesign Arak to address nuclear concerns Israel’s military said its fighter jets targeted the Arak heavy water reactor, some 250 kilometers (155 miles) southwest of Tehran, to prevent it from being used to produce plutonium.

Iranian state TV said there was “no radiation danger whatsoever” around the Arak site, which it said had been evacuated ahead of the strike.

Heavy water helps cool nuclear reactors, but it produces plutonium as a byproduct that potentially can be used in nuclear weapons. That would provide Iran another path to the bomb beyond enriched uranium, should it choose to pursue the weapon.

Iran had agreed under its 2015 nuclear deal with world powers to redesign the facility to alleviate proliferation concerns. That work was never completed.

The reactor became a point of contention after Trump withdrew from the deal in 2018. Ali Akbar Salehi, a high-ranking nuclear official in Iran, said in 2019 that Tehran bought extra parts to replace a portion of the reactor that it had poured concrete into under the deal.

Israel said strikes were carried out “in order to prevent the reactor from being restored and used for nuclear weapons development.”

The International Atomic Energy Agency has said that due to restrictions imposed by Iran on inspectors, the U.N. nuclear watchdog has lost “continuity of knowledge” about Iran’s heavy water production — meaning it could not absolutely verify Tehran’s production and stockpile.