"The Moderator Speaks
Disobedience to orders is punishable under the UCMJ and therefore illegal.
It is against the rules of the SDMB to encourage illegal acts. Therefore I’m closing this.
No warning issued."https://boards.straightdope.com/sdmb/showthread.php?t=897382
To say “Disobedience to orders is . . . illegal” is incorrect.
Article 92 of the UCMJ:
“Any person subject to this chapter who—
(1) violates any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces and fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”
Elements.
(1) Violation of a lawful general order or regulation.
(a) That there was in effect a certain lawful general order or regulation;
(b) That the accused had a duty to obey it; and
(c) That the accused violated or failed to obey the order or regulation.
(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a certain lawful order;
(b) That the accused had knowledge of the order;
(c) That the accused had a duty to obey the order; and
(d) That the accused failed to obey the order.
(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties."
Violating an order is only punishable under the UCMJ if, inter alia, (1) the order was lawful, and (2) “the accused had a duty to obey the order.”
It seems to me that the OP’s point is that soldiers may receive orders that are unlawful, and which they would have no duty to obey.