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Originally Posted by Botnst
Article 92.
Additionally, a subordinate can choose to disobey an order that he believes unlawful. He can (and probably will) be court martialed for violating Article 92 but if the court finds the order unlawful then he wont be punished and the issuing officer is then in danger of court martial. However, if he fails to obey an order claiming it was unlawful but later found to be in fact lawful, he is in serious doo-doo, especially if in the face of the enemy when he is in mortal danger.
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I found the article. I saw that one the first time, I was thinking it might give a little more understanding of what an unlawful order might look like. For example, what could the guys w/ Lt. Calley or some of the other squadrons who did similar stuff draw on to refuse orders?
The stuff I'm talking about, not participating in a war, is a decision that should be made and acted on long before you get to the front line. In the heat of battle though, things are a bit different. I can understand that that is not the time to start questioning orders, with the possible exception of being ordered to massacre unarmed civilians, a la My Lai.