A certain draft evader now serving in high office in the United States government recently asserted that to remind military personnel that they are not obliged to follow illegal orders was equivalent to treason and deserved punishment even unto death.

Many who actually served inevitably had the nagging feeling that this claim is not consistent with actual law or tradition.

We asked Perplexity.ai, "Does the US code of military Justice require that military personnel refuse illegal orders?"

The answer was unequivocal.

Yes, the Uniform Code of Military Justice (UCMJ) and related military law require U.S. military personnel to refuse illegal orders. Service members are legally and morally obligated to disobey commands that are manifestly unlawful, such as orders that violate the Constitution, U.S. federal law, or international law—including directing the commission of crimes or war crimes.[1][2][3][4]

Legal Basis

The UCMJ specifically requires obedience only to "lawful" orders, with several articles (such as Articles 90, 91, and 92) making clear that the legality of the order is essential.[3][5]

Unlawful orders include those that direct acts like torture, intentionally targeting civilians, or other crimes under domestic or international statutes.[4][6][1]

Duty to Refuse

Military personnel are not just permitted, but in fact required, to refuse orders that are "manifestly unlawful".[7][4]

Obedience to a clearly illegal order (such as one that mandates a war crime) is not a defense; following such an order can result in individual criminal liability for the service member.[3][4]

The standard is generally whether a person of ordinary understanding would recognize the illegality of the order; however, it is the accused's burden in a court-martial to prove the order’s unlawfulness if charged with disobedience.[8]

Practical Risks and Requirements

While there is a duty to refuse unlawful orders, the decision to do so is fact-specific and carries significant personal and professional risk. Members are encouraged to seek legal counsel if possible when faced with orders they believe to be unlawful.[4][8]

Controlling Obligation

The military oath of enlistment is to the Constitution, not to an individual, underscoring the obligation to disobey unlawful commands.[6][5][7] What that means is that I vass only folloving ze orderss of ze präsident is not a valid excuse for illegal actions.

In summary, U.S. military law is clear that personnel must refuse orders that are unlawful, with substantial legal precedent, regulations, and military doctrine supporting this obligation.[2][5][1][6][7][3][4]


Part of the current concern in the area has been the assignment of military personnel, including soldiers, marines and national guardsmen working in support of questionable actions by the Immingration and Customes Enforcement agency (ICE) during 2025.

Incidents involving individuals in ICE custody include

• Deaths during arrests: In October 2025, a man was killed in San Diego when he was hit by a vehicle while attempting to flee from ICE agents, notes ABC News.
• Deaths in ICE custody: The number of deaths in ICE custody has also been a concern, with at least 20 deaths recorded in 2025 alone. Some of these deaths were attributed to medical issues such as tuberculosis, strokes, or respiratory failure, notes NPR.
• Injuries during arrests: In September 2025, an ICE raid in Dallas resulted in injuries to two detainees and the death of the shooter.

https://www.aljazeera.com/news/2025/11/20/punishable-by-death-trump-threatens-democrats-with-sedition-charges
https://www.newsweek.com/what-us-law-says-sedition-troops-defying-illegal-orders-11084527
https://abcnews.go.com/Politics/military-oath-enlistment-legal-illegal-orders/story?id=127725085
https://factually.co/fact-checks/military/can-military-members-refuse-unlawful-immoral-orders-fedc41
https://www.reddit.com/r/navy/comments/1l8zbwp/refusing_an_unlawful_military_order_your_legal/
https://www.reddit.com/r/MarchAgainstNazis/comments/1p2iurh/the_uniform_code_of_military_justice_ucmj/
https://nlgmltf.org/military-law/2025/faq-on-refusing-illegal-orders/
https://www.reddit.com/r/army/comments/1iwqzqj/what_to_do_if_given_an_unlawful_order/
https://www.lawfaremedia.org/article/norm-defying-military-disobedience-in-a-norm-defying-presidency--what-role-does-the-ucmj-play
https://www.militarydefense.com/tag/unlawful-military-orders/
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title10-section892&num=0&edition=prelim
https://natecharles.substack.com/p/unlawful-orders-military-duty-constitution
https://www.militarydefense.com/military-personnel-must-know-the-limits-of-lawful-orders/