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Soldiers Must Disobey Unlawful Orders Under Trump — It’s Their Legal Duty.

both the Nuremberg Principles and the Uniform Code of Military Justice established a duty to obey lawful orders but also a duty to disobey unlawful orders.

SCHEERPOST, November 26, 2025,  Marjorie Cohn , Truthout

The courageous action of six Democratic members of Congress has thrust into the national discourse the duty of military and CIA personnel to disobey Donald Trump’s illegal orders. As the Trump administration continues to unlawfully murder people in small vessels in the Caribbean and Eastern Pacific, deploy the National Guard to U.S. cities, and ignore court orders, the six lawmakers were moved to act.

In a 90-second video organized by Sen. Elissa Slotkin (Michigan), two senators and four Congress members, all U.S. military or CIA veterans, take turns reading a statement to active servicemembers, urging them to refuse to follow illegal orders.

“Like us, you all swore an oath to protect and defend this Constitution,” the lawmakers said in the video. “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”The other lawmakers speaking in the video are Sen. Mark Kelly (Arizona) and Representatives Chris Deluzio (Pennsylvania), Maggie Goodlander (New Hampshire), Chrissy Houlahan (Pennsylvania), and Jason Crow (Colorado).

Trump Threatens Six Lawmakers With Sedition Charges and Hanging

Their words, which constituted a correct statement of the law, elicited unprecedented vitriol from Trump, who wrote on Truth Social: “It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL.”

In a second post, Trump wrote: “This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP??? President DJT.” And he added in a third post: “SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump also reposted a statement saying: “HANG THEM GEORGE WASHINGTON WOULD !!”

The six lawmakers responded to Trump’s diatribe in a statement: “What’s most telling is that the president considers it punishable by death for us to restate the law. Our servicemembers should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders. It is not only the right thing to do, but also our duty.”

Now the Department of War is investigating Kelly for “serious allegations of misconduct,” threatening to call him back to active duty and court-martial him. The Department’s “Official Statement” posted on X adds, “All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.” But they fail to add that servicemembers also have a legal duty to disobey unlawful orders, which is what Kelly and his fellow lawmakers accurately stated in their video.

The Duty to Disobey Unlawful Orders

Under the Uniform Code of Military Justice (UCMJ), a servicemember can be punished by court-martial for refusing to obey any lawful order or regulation. Although the UCMJ doesn’t define “lawful,” the Manual for Courts-Martial states that an order is lawful “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.”

The manual also says that although it may be inferred that an order to perform a military duty or act is lawful, “this inference does not apply to a patently illegal order, such as one that directs the commission of a crime.” The Rules for Courts-Martial say that acting “pursuant to orders” is a legitimate defense “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.”

Finally, the manual notes, “The lawfulness of an order is a question of law to be determined by the military judge.” Normally, that determination can be made only after a servicemember refuses or disobeys an order, in a court martial or war crimes tribunal. So the refuser takes the risk that a judge will find the order lawful and he or she will be punished for refusing to follow it.

Examples of unlawful orders within the United States include:

• The use of military forces to deport, remove, or detain immigrants. Removal to countries where there is a substantial likelihood of torture violates the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the U.S. has ratified.
• The use of military forces against civilian protesters. The Posse Comitatus Act forbids the use of federal troops to enforce domestic law unless there is an “insurrection.”

Examples of unlawful orders outside the United States include:

1. Military attacks on vessels in international or foreign waters.
2. An invasion or attack on Venezuela, Mexico, Nigeria, etc.
3. The use of “preemptive” military force against Iran, China, etc.
4. The use of nuclear weapons against any country.
5. The torture or cruel treatment of civilians, prisoners of war, or other detainees.
6. The intentional targeting of civilians.
7. Attacking Palestinians in Gaza under the guise of “peacekeeping.”

Resistance to Illegal U.S. Wars — From Vietnam to Iraq

In 1968, U.S. Army Lt. William Calley led 100 U.S. troops into the village of My Lai in Vietnam and killed 500 civilian women, children, and elderly men in what came to be known as the My Lai Massacre.

Calley was accused of the premeditated murder of civilians. Charges were filed against 25 people, including two generals. The charges against the generals, 10 other officers, and seven enlisted men were dismissed. Five others, including the company commander, Capt. Ernest Medina, were court-martialed and acquitted.

At his court-martial, Calley claimed that he was just following Medina’s orders to kill all the villagers because everyone in the village was “the enemy.”

Like the Nazi officials at Nuremberg, Calley’s defense that he was just following superior orders was rejected. In 1971, he was convicted of the premeditated murder of “not less than” 22 Vietnamese people and sentenced to life in prison. Ultimately, Calley only served over three years of house arrest and confinement to barracks.

But there is a noble tradition in the United States of servicemembers refusing orders to deploy to illegal wars and/or commit war crimes. Some refusers have been arrested and court-martialed. Many have argued in their defense that they had a legal duty to disobey illegal orders.

Howard Levy

……………………………..Levy disobeyed an order to train Special Forces aidmen to be paramedics. He felt they would use their medical training to gain the trust of the Vietnamese people who would then not oppose U.S. troops carrying out their illegal missions. Levy, who called this the “prostitution of medicine,” thought these Green Berets were committing war crimes…………………….

Ehren Watada

…………………………….“The war in Iraq is in fact illegal. It is my obligation and my duty to refuse any orders to participate in this war. An order to take part in an illegal war is unlawful in itself……………………………………………………………………

Pablo Paredes.

………………………refused orders to board an amphibious assault ship that would transport 3,000 Marines to Iraq because he thought he would be complicit as a war criminal…………………………………………………………………………………………………….  the Iraq War violated the UN Charter, and that Paredes had a reasonable belief that by transporting Marines to Iraq, he would place them in the position of committing war crimes………..U.S. forces were torturing prisoners at Abu Ghraib prison, which constituted war crimes…………both the Nuremberg Principles and the Uniform Code of Military Justice established a duty to obey lawful orders but also a duty to disobey unlawful orders……………………………………………………………………………………………………………………..

…………………..After the six members of Congress released their bold video, Veterans For Peace said in a statement:

We call on all veterans to stand with these members of Congress and amplify their message so that Airmen, Marines, Seamen, and Army troops know that if they ever face the difficult challenge of refusing an illegal order, they are carrying out their oath to defend the Constitution by following the law.

There are groups, including the GI Rights Hotline, the Center on Conscience and War, and the Military Law Task Force, that work with servicemembers to help them recognize when they have received an unlawful order and figure out their next steps. https://scheerpost.com/2025/11/26/soldiers-must-disobey-unlawful-orders-under-trump-its-their-legal-duty/

November 29, 2025 - Posted by Christina Macpherson | Legal, USA, weapons and war