The UCMJ actually protects the soldier in this situation as he/she has a moral and legal obligation to the Constitution and not to obey unlawful orders and the ...
It would be palpably illegal to give an order to torture a prisoner.
The Uniform Code of Military Justice (UCMJ) is America's criminal code for the
The armed forces have a duty to disobey manifestly unlawful orders, but
An order that has for its sole object a private end is unlawful, but an order that benefits the command as well as serving individuals is lawful. United States v.
Let me give you a punchline: If he were to order that [the killing of family members of
In that regard, the person giving the order need not necessarily be superior in rank. The key in these cases is sometimes attacking the knowledge element of the ...
Instead, the focus is on orders that present military professionals with moral
1, the first update to the UCMJ since 1984, and, according to officials, the biggest set of
"Offering violence" is similar to the civilian crimes of assault and battery, and