最高法院有判决,见内

回答: 请给全文或链接。谢谢不开窍2025-11-22 07:42:34

Little v. Barreme

 

The Uniform Code of Military Justice requires the military to obey lawful orders.

“Any person subject to this chapter who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished-(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and (2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct,” the law states.

The Rules for Courts-Martial states that an order is lawful “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.”

This means that illegal orders need not be followed.

 

很明显,军队可以不执行非法命令!

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