What to Know About Obeying an Unlawful Military Order
By Rod Powers Updated March 31, 2018
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It's clear, under military law, that military members can be held accountable for crimes committed under the guise of "obeying orders," and there is no requirement to obey orders which are unlawful. However, here's the rub: A military member disobeys such orders at his/her own peril. Ultimately, it's not whether or not the military member thinks the order is illegal or unlawful; it's whether military superiors (and courts) think the order was illegal or unlawful.
Take the case of Michael New. In 1995, Spec-4 Michael New was serving with the 1/15 Battalion of the 3rd Infantry Division of the U.S. Army at Schweinfurt, Germany. When assigned as part of a multi-national peacekeeping mission about to be deployed to Macedonia, Spec-4 New and the other soldiers in his unit were ordered to wear United Nations (U.N.) Helmets and armbands. New refused the order, contending that it was an illegal order. New's superiors disagreed. Ultimately, so did the court-martial panel. New was found guilty of disobeying a lawful order and sentenced to a bad-conduct discharge. The Army Court of Criminal Appeals upheld the conviction, as did the Court of Appeals of the Armed Forces.
Yet another reason why every member of the military should understand the law, and the history of their situation, before disobeying a law which they believe is unlawful.
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