AI Summary:
The
U.S. military code of conduct and the legal framework governing unlawful orders ultimately trace back to statutes created by the
U.S. Congress and are enforced through a congressionally-authorized judicial system.
Core statutory foundation
- U.S. service members are legally governed by the Uniform Code of Military Justice (UCMJ), which is an act of Congress.
- Congress has constitutional authority over the armed forces via:
- Article I of the U.S. Constitution
- and war/execution powers interfacing with Article II of the U.S. Constitution
Who enforces unlawful order violations?
Unlawful orders are litigated and punished in the military justice system through:
- Courts‑martial, which exist because Congress legislated them.
- Appeals flow into the civilian judiciary through the United States Court of Appeals for the Armed Forces (CAAF), also congressionally created.
The “illegal orders” principle inside statute
The duty to refuse illegal orders is codified in multiple parts of the UCMJ, most notably:
- Article 92 — obeying orders is required only if the order is lawful
- Article 90 — implicitly excludes unlawful orders
- Article 88 — limits conduct, not conscience to obey crimes
So the law
protects obedience to command, but
only within the boundaries of lawful orders, and the obligation to refuse unlawful orders is a statutory and legal concept, not just tradition.