Per the same Uniform Code of Military Justice all orders lawful until military court deams them unlawful.
Only military court can determine the order to be illegal and until that determination is made months later the military can apply all the sactions against you (no pay, solitary confinment, loss of rank, etc.). Following orders even illegal ones is also an affimative defense for any crimes. It’s all by design as US learned from Nuremberg trials.
I'd like for you to point that part out, as the only other reference is here:
From the commentary/guidance for Article 92:
“An order is presumed lawful. … A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders …”
Again, order can be ruled illegal later, but until the military court makes that determination, you will be held in breach of UCMJ for refusing to obey an order.
If you have some time listen to youtu.be/TwPLqGkYnBA where an actual JAG explains it better than I can.
So the Nuremburg trials still hold fast as an example here. A soldier can make the determination to undergo potential courtmartial, or he can avoid the death squad. I know which one I'd pick. We don't have mindless soldiers in our military.
If an order violates the law, they are wise to disobey, just as I said.
Asafum@feddit.nl 14 hours ago
Cool cool cool cool.
“Ok troops, we’re taking this list of registered Democrats and killing them all.”
Military court:
“Are you insane? Of course that’s no-…”
(Judge removed)
“New judge, can you take Trump’s dick out of your mouth so you can rule on this?”
“Yep. All good here. That was a lawful order, hope you carried it out completely.”
ShimmeringKoi@hexbear.net 14 hours ago
That’s Against the Rules thought continuing to rack up Ls against Who’s Gonna Stop Me doctrine
Solano@piefed.social 10 hours ago
As ridiculous as that sounds, yes, this is to be expected. They already weakened the military courts, but I don’t know the extent, just remember there were some articles about it earlier in the year. Also, I don’t know if history has an example of any large groups of military refusing an order, not counting coups.