This FAQ (drafted by members of the MLTF) can also be found in printable PDF format here: Illegal Orders FAQ – 17JUN2025
DoD Instruction 1325.06 permits a servicemember to possess a single copy of this document.
- Do I have the right to refuse illegal orders?
- What are some scenarios in which I might be given illegal orders?
- Use of military forces to carry out deportations, removals, or detention of immigrants. (Removals to countries where those removed are likely to be tortured could violate the Convention Against Torture, to which the U.S. is a party.)
- Use of military forces against civilian protesters. (The Posse Comitatus Act prohibits the use of federal troops for domestic law enforcement, with certain exceptions, primarily in the event of an insurrection. Thus, one has an arguable duty to refuse to obey an order to assist law enforcement personnel unless there is an “insurrection.”)
- U.S. “preemptive” use of military force against Iran.
- U.S. attack, invasion, or attempt to seize control of the Panama Canal by force.
- U.S. “preemptive” use of military force against China.
- U.S. attempt to annex Greenland (including possible actions by U.S. forces already deployed to bases in Greenland).
- U.S. attempt to attack or invade Canada.
- U.S. use of nuclear weapons against China or another country.
- Torture or mistreatment of civilians, prisoners of war, or other detainees.
- What are some of the reasons and ways that an order might be illegal?
- How can I tell if an order is illegal?
- What will happen if I obey an illegal order?
- I or someone I know has been charged with refusing to obey an illegal order. Where can I get more information or advice?