The Lawfare Podcast Lawfare Daily: The Duty to Disobey Unlawful Orders
Dec 11, 2025
Join military law experts Frank Rosenblatt, a former U.S. Army Lt. Colonel, and Colby Vokey, a former Marine Corps Lt. Colonel, as they tackle the complexities of obeying and disobeying unlawful orders. They discuss the ambiguity of what constitutes an unlawful command and the severe consequences for disobedience. Insightful critiques of recent military actions in the Caribbean shed light on the role of military lawyers. With debates on legal training and oversight, this conversation unpacks the impactful challenges facing military personnel today.
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Presumption Of Lawful Orders
- Military orders are presumptively lawful but do not bind service members when they are manifestly unlawful.
- "Manifestly unlawful" means an ordinary person would immediately recognize the order as clearly wrong.
Multiple Legal Layers Apply
- The UCMJ coexists with international law and service regulations, so unlawful conduct can be addressed outside a single statute.
- Military prosecutions often use UCMJ charges rather than labeling cases explicitly as "war crimes."
Historic Cases Show Hindsight Risk
- Frank Rosenblatt and Colby Vokey cited cases showing hindsight often decides whether orders were manifestly unlawful.
- Captain Huey Vaughn was court-martialed for refusing mobilization and Sergeant Smith was later convicted for dog abuse at Abu Ghraib.