What makes a military order legal?

A lawful order was issued by a member of the armed forces; You had knowledge of that order; You had a duty to obey that order; and. You failed to obey the order.

What is an Article 15?

The authority for commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial.

What is an Article 39?

Pretrial Hearings. Called “Article 39(a) sessions,” the military judge may hear witnesses, take other evidence, and hear arguments, just as a civilian judge would during “motion hearings” in a civilian case. These sessions and most other proceedings of courts-martial are open to the public.

Do soldiers have to follow orders?

But it’s not enough to assert that soldiers must follow all lawful orders and disobey unlawful ones. Not every case is clear-cut. Soldiers taking orders in combat must act quickly and don’t always have time to calmly deliberate on every decision.

Are soldiers allowed to disobey the law?

No soldier, sailor, or airman would be in a position to plead ignorance of the law. Any member of the military who received such an order would not just be allowed to disobey it – they would be required to do so.

What is rule 916 of the manual for courts martial?

Rule 916 (d) of the Manual for Courts Martial says: It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful. Calley was convicted under this rule.

What does it mean to be a Commander in combat?

In combat, commanders must make difficult decisions to launch strikes that risk civilian casualties.