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Soldiers learn that under Article 90 of the Uniform Code of Military Justice (UCMJ), they are required to follow lawful orders from superior officers, but they also have a legal duty to disobey orders that are clearly unlawful. This understanding emphasizes the importance of military discipline while also protecting servicemembers from being compelled to commit illegal acts.

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Understanding Article 90 of the UCMJ​

Overview of Article 90​

Article 90 of the Uniform Code of Military Justice (UCMJ) addresses the willful disobedience of lawful orders from superior commissioned officers. It is a serious offense that emphasizes the importance of military discipline and the chain of command.

Legal Duty to Disobey Unlawful Orders​

  • Duty to Disobey: Soldiers are legally obligated to disobey orders that are unlawful. This means they must refuse commands that violate the law or the Constitution.
  • Criteria for Lawfulness: An order is considered lawful if it:
    • Relates directly to military duty.
    • Is issued by an officer with proper authority.
    • Complies with constitutional rights and applicable laws.

Consequences of Violating Article 90​

  • Punishments: The penalties for violating Article 90 can be severe:
    • In wartime, it can lead to death or other court-martial-directed punishments.
    • In peacetime, it may result in a dishonorable discharge, forfeiture of pay, and confinement for up to five years.

Defense Against Article 90 Charges​

  • Challenging the Order: A primary defense is to prove that the order was unlawful. Examples of potentially unlawful orders include:
    • Commands to commit illegal acts (e.g., assault).
    • Orders that serve no legitimate military purpose.
    • Directives that violate constitutional protections.

Conclusion​

Soldiers learn that while they must follow lawful orders, they also have a critical responsibility to disobey any orders that are illegal. This understanding is essential for maintaining both military discipline and adherence to the law.
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