The Orders Project
The Orders Project is a non-partisan rule of law initiative founded in 2020. It is now part of the National Institute of Military Justice (NIMJ), a District of Columbia non-profit corporation founded in 1991 and qualified under section 501(c)(3) of the Internal Revenue Code.
The National Institute of Military Justice (NIMJ) is proud to affiliate with The Orders Project. Since its founding in 1991, NIMJ has been dedicated to the fair administration of justice in the armed forces. Affiliating with The Orders Project helps further that mission. Unlike in civilian life, military members can be criminally prosecuted for disobeying orders. This is a standard practice for militaries around the world; any coherent and disciplined armed force depends on its instructions being followed. But not all orders: U.S. military members only have an obligation to obey lawful orders. They cannot claim a “Nuremberg defense” that they are not responsible for criminal acts because they were just following orders from their superiors. How to know which orders are lawful and which are unlawful? Easier said than done, sometimes. History, plus the sheer size of the U.S. military and scope of its operations, teach that it is foreseeable that well-meaning military members will face orders that they at least believe are, at best, questionable. The conditions for questions about orders may be especially ripe during times of political transition (when senior orders-givers, their lawyers, and priorities for employing the military all may change dramatically) and, of course, during any utilization of the U.S. military in the United States. What are service members facing questionable orders to do? The balancing act they face is daunting. To disobey a lawful order could lead to administrative or judicial punishment, but so could obeying an order later determined to be unlawful. So military members must determine whether orders they face are lawful. That is where The Orders Project can help by connecting military members with experienced attorneys. Military personnel who fully understand their duty will enhance our national security and commitment to the rule of law.
Military personnel are subject to the Uniform Code of Military Justice, a federal statute that criminalizes the disobedience of lawful orders, among numerous other offenses. Given the authorized punishments for disobeying lawful orders, this is a serious matter. Military personnel should therefore be fully aware of their rights and responsibilities before taking any action that might expose them to criminal prosecution or adverse personnel actions. Civilian officials and employees may face similar issues, but under different rules and procedures. TOP focuses only on issues relating to uniformed personnel of the armed forces.
The TOP Sourcebook is chiefly intended as a resource for individual attorneys, law firms, and legal clinics that make themselves available to advise military personnel. It is also a convenient reference for judge advocates whose official duties require them to advise commanders and other servicemembers.
The Orders Project does not provide legal advice. Nor is its purpose to facilitate, much less encourage, unlawful conduct. On the contrary, in a democratic society military personnel should always conduct themselves scrupulously and in accordance with the law and should recognize that disobedience by those who wear the Nation’s uniform, like civil disobedience, may lead to significant penalties and career injury. The ability to distinguish between lawful and unlawful orders is central to the conscientious performance of duty by commanders as well as those they command.
The National Institute of Military Justice (NIMJ) is proud to affiliate with The Orders Project. Since its founding in 1991, NIMJ has been dedicated to the fair administration of justice in the armed forces. Affiliating with The Orders Project helps further that mission. Unlike in civilian life, military members can be criminally prosecuted for disobeying orders. This is a standard practice for militaries around the world; any coherent and disciplined armed force depends on its instructions being followed. But not all orders: U.S. military members only have an obligation to obey lawful orders. They cannot claim a “Nuremberg defense” that they are not responsible for criminal acts because they were just following orders from their superiors. How to know which orders are lawful and which are unlawful? Easier said than done, sometimes. History, plus the sheer size of the U.S. military and scope of its operations, teach that it is foreseeable that well-meaning military members will face orders that they at least believe are, at best, questionable. The conditions for questions about orders may be especially ripe during times of political transition (when senior orders-givers, their lawyers, and priorities for employing the military all may change dramatically) and, of course, during any utilization of the U.S. military in the United States. What are service members facing questionable orders to do? The balancing act they face is daunting. To disobey a lawful order could lead to administrative or judicial punishment, but so could obeying an order later determined to be unlawful. So military members must determine whether orders they face are lawful. That is where The Orders Project can help by connecting military members with experienced attorneys. Military personnel who fully understand their duty will enhance our national security and commitment to the rule of law.
Military personnel are subject to the Uniform Code of Military Justice, a federal statute that criminalizes the disobedience of lawful orders, among numerous other offenses. Given the authorized punishments for disobeying lawful orders, this is a serious matter. Military personnel should therefore be fully aware of their rights and responsibilities before taking any action that might expose them to criminal prosecution or adverse personnel actions. Civilian officials and employees may face similar issues, but under different rules and procedures. TOP focuses only on issues relating to uniformed personnel of the armed forces.
The TOP Sourcebook is chiefly intended as a resource for individual attorneys, law firms, and legal clinics that make themselves available to advise military personnel. It is also a convenient reference for judge advocates whose official duties require them to advise commanders and other servicemembers.
The Orders Project does not provide legal advice. Nor is its purpose to facilitate, much less encourage, unlawful conduct. On the contrary, in a democratic society military personnel should always conduct themselves scrupulously and in accordance with the law and should recognize that disobedience by those who wear the Nation’s uniform, like civil disobedience, may lead to significant penalties and career injury. The ability to distinguish between lawful and unlawful orders is central to the conscientious performance of duty by commanders as well as those they command.