If a superior officer gives you an order to do something against military law do you have the right to say no?

Question

If a superior officer gives you an order to do something against military law do you have the right to say no?

Answer 1

it depends. is she a s**y officer?

Answer 2

If an order is a clear violation of military law or involves a violation of morals.....you can refuse to obey it

BUT....That does not mean they can not attempt to punish you..... you are obligated to obey all orders if possible....

You might be morally correct and still be punished

EXAMPLE: I was a sergeant.... a senior NCO stole property for which I was responsible( items I handreceipted from supply.....clearly marked)..... I took it back.....he ordered me to return the items.... I told him we would have to go to the First Sergeant..... I was court martialled..... "Failure to Obey an Order of a Senior NCO"......technically they were correct; morally they were wrong.....they wanted to get my stripes.....but to bust me they would have to have the case reviewed by the CG..... it would not have passed inspection so they just fined me $50..... but it took three years to recover from the lesson...... because I had "escaped" demotion..... I got every dirty job in the book including cleaning up sentry dog $hit......

Before you decide to not obey an order......think long and hard..... the system does not always work the way it should......justice is blind for a reason

Answer 3

just recently there was a news in newyork about a sniper with rank of sgt aged around 25. He was in iraq and they caught an iraqi father and son and took them as prisoner and interrogated them for like 2 hours and set them free. But the iraqi made a "weird" noise like a shout or chant prolly out of joy or anger and that was interpreted by the US soldiers as a kind of communication to other iraqi men down the hill which could lead to a very hostile group of iraqis against the US soldiers...according to the soldier interviewed. So this sniper guy asked his commander for permission to fire and of course and the commander said to assess the situation if its against the safety of the US soldiers.. and the sniper said something like "yes they are making communications that might be a sign to attack us" and the commander gave the OK to fire. BAAM! the iraqi father got shot and died...... after a week or so the sniper got questioned and questioned about his action and decision to shoot... and he got sentenced for 10 years in prison for crime against humanity... sucks. Its either he was just and innocent soldier following orders for the safety of the soldiers or was a trigger happy. And i think the commander hasnt been charged.

And yes you have the right to say NO

Answer 4

Yes.

Answer 5

Yes. It is your duty to say no.

Answer 6

You are only obligated to follow lawful orders. They are not supposed to make you do something illegal...

Like forge documentation

delete records

Lie to officials

What we used to call "gun decking" meaning making up records or covering up something that was supposed to be done.

They can not order a security or MP to let a crime go, like ignore a DUI, theft, threat, or something like that...I mean if two LTs are friends and one wants his friend to be set free for having a DUI...He might try to order the SGT/Petty Officer to let him go.

There are other examples. It happens and it puts the NCO/Petty Officer in a bind. Usually when it happens it is smaller stuff. Or stuff to keep them out of trouble. Or stuff to make them look good.

Like someone else said it is best to take it to someone else higher in the chain of command. And document everything...

Note: The Navy has 11 official general orders...there is a 12th one that goes  "I will walk my post from plank to plank, and take no sh** from any rank."

Answer 7

Yes but you have to challenge the order through a higher command officer right then would be the best thing to do to CYA

Answer 8

Kojak, I don't think anyone in the military would type like you.

Answer 9

You have an obligation to say no.  The UCMJ governs all military personnel, regardless of rank, no exceptions, it's part of your duty to abide by it.

Answer 10

Yes. It would be an unlawful order.

Answer 11

Yes, although the word duty or responsibility is a better fit.  Not only are you legally permitted to refuse, you are legally responsible for the breaking of the military law if you do not.  

Answer 12

Yes if it is a unlawful order it is your duty to refuse it.

Answer 13

yes but it better be against military law or the constitution  

Answer 14

Yes you do.  If they are unlawfully telling you to do something and you choose not to, as you know for a fact that it is against the law, then it is not considered insubordination.