Lawyer 2 Lawyer Illegal Orders, Military Law, and Investigations
Dec 5, 2025
Victor M. Hansen, a law professor and former U.S. Army judge advocate, dives into the controversial topic of illegal military orders. He explains the distinction between military and civilian law, emphasizing harsher consequences for military personnel. Hansen discusses the duty to refuse manifestly illegal orders and critiques vague commands that can lead to violations. He urges congressional oversight to prevent executive overreach and highlights the obligation of soldiers to disobey unlawful directives, underlining the importance of civic engagement.
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From Cavalry Platoon To JAG Officer
- Victor M. Hansen described entering the Army via ROTC, serving as a cavalry platoon leader in Germany, then attending law school funded by the Army.
- He returned as a JAG officer and spent most of his career in military criminal law and practice.
Military Justice Is Its Own System
- The military operates under the Uniform Code of Military Justice, a distinct system resembling civilian law but emphasizing order and discipline.
- Soldiers face harsher consequences for misconduct because military readiness demands immediate obedience and cohesion.
Oath Means Loyalty To Constitution
- Service members swear an oath to the Constitution, not to an individual or political party.
- This oath obliges the military to remain apolitical and protect constitutional order across administrations.
