Oct 21, 2025

Lawful vs. Unlawful Orders

Lawful vs. Unlawful Orders: A Core Duty Under the UCMJ

Serving in the U.S. Armed Forces means understanding the importance of orders. The military is built on discipline and obedience, but it also demands moral courage and integrity. Every service member swears an oath to support and defend the Constitution—not a person or position of power. That means following lawful orders is an obligation, but refusing unlawful orders is also a duty under the Uniform Code of Military Justice (UCMJ).

We at Challenge Coin Nation are a veteran founded company and are honored to be able to continue serving our brothers and sisters in arms all over the world. We sell many different military themed items, but challenge coins are our specialty.

What Makes an Order “Lawful”?

A lawful order is one that:

Has a valid military purpose — It must relate to military duty, discipline, or operations.
Comes from proper authority — It must be issued by someone with the legal authority to give that order.
Does not violate law or regulation — It must comply with the Constitution, the UCMJ, and the Law of Armed Conflict.

Examples of Lawful Orders:

A commander ordering troops to secure a perimeter or conduct maintenance on a vehicle.
A supervisor directing a service member to attend training or complete required documentation.
A senior NCO instructing subordinates to follow proper uniform regulations or safety procedures.

Failure to obey a lawful order can result in punishment under Article 92, UCMJ—a serious offense that can lead to court-martial, loss of rank, or even confinement.

What Is an Unlawful Order?

An unlawful order is one that requires a service member to commit a crime or violate established law. The Nuremberg Trials after World War II established that “just following orders” is not a defense for participating in war crimes or illegal actions.

Examples of Unlawful Orders:

Ordering the execution or abuse of prisoners of war.
Instructing personnel to falsify official records or conceal evidence.
Telling subordinates to violate safety protocols or bypass lawful regulations.

These types of orders place a service member in direct conflict between obedience and morality. The UCMJ makes it clear: members are obligated to refuse unlawful orders.

The Duty to Disobey an Unlawful Order

This is one of the most difficult ethical and professional decisions a military member can face. Under military law and precedent, you must disobey an unlawful order—even if doing so could lead to disciplinary action.

Refusing such an order requires:

Good faith belief that the order is unlawful.
Reasonable judgment—you must have solid grounds for that belief.
Proper reporting—notify your chain of command or legal counsel immediately.

Service members are not expected to be lawyers, but they are expected to know the difference between an illegal act and a legitimate command. When in doubt, seek clarification or legal advice through the Judge Advocate General (JAG) office.

What Happens When You Refuse an Order

Refusing an order—lawful or unlawful—has consequences, but they differ drastically depending on the circumstances.

If the order was lawful and you refused, you can face charges under Article 92, leading to punishment ranging from non-judicial punishment (NJP) to court-martial.
If the order was unlawful, and you can demonstrate your reasons, you may be protected by the UCMJ and the Constitution.

However, the reality is rarely simple. You may still face:

Administrative action or career repercussions.
Temporary suspension or reassignment pending investigation.
Scrutiny from peers or command, especially if the situation involves high-ranking officials.

Many who have refused unlawful orders—whether during combat operations or in administrative contexts—have paid a personal price, even when they were legally in the right. Still, the duty to uphold the law and the honor of the service outweighs personal risk.

Why This Matters

Every branch of the U.S. military teaches that integrity and honor are non-negotiable. Lawful orders maintain discipline and effectiveness; unlawful ones destroy both. Knowing the difference is essential not only to protect yourself but to uphold the values that define American military service.

When you wear the uniform, your ultimate allegiance is to the Constitution of the United States and to the principles of justice and humanity that it represents.

Veteran Insight from Challenge Coin Nation

As a veteran-owned business, Challenge Coin Nation was built by those who understand the weight of military duty, the cost of integrity, and the pride of honorable service. We create custom challenge coins, military memorabilia, and morale gear that reflect the values you lived by in uniform.

Our coins tell stories of courage, sacrifice, and honor—the same values that guide those who stand firm in the face of unlawful orders.

Visit Challenge Coin Nation to design your own coin or explore our collection honoring every branch of service.