What is it called when a soldier refuses to follow orders?

Insubordination is when a service member willfully disobeys the lawful orders of a superior officer. In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice. It covers disobeying lawful orders as well as disrespectful language or even striking a superior.

Can a commander restrict a soldier to post?

Absolutely legal. The command can restrict any Soldier as punishment on an Article 15 regardless if they live off base or not. Usually when the Soldier has done something significant. The command normally does not take the Soldiers BAQ while he is in the barracks on restriction.

Can my commander deny leave?

Leave is a right (not a privilege) that is granted by Congress under federal law. However, the commander approves or denies all leave requests based on unit mission/training, pending Uniformed Code of Military Justice action, administration action, health and welfare of the Soldiers or unit strength percentages.

Should a soldier always obey orders?

Not only should an unlawful order not be obeyed, obeying such an order can result in criminal prosecution. Military courts have long held that military members are accountable for their actions even while following orders.

Can a soldier refuse to fight in the military?

Due to restricted legal avenues and lack of rights associated with military refusal, combatants are left with no other choice but to desert.

Can a soldier refuse to obey an order?

[14] This distinction holds that soldiers are either required to obey lawful orders or refuse those orders which violate jus in bello, the latter representing the mechanism by which combatants can refuse to fight—combat which breaks jus in bello principles.

What happens if you fail to obey a command in the military?

Military members failing to obey lawful orders issued by their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) outlines the crime of willful disobedience by a military member a superior commissioned officer. Article 91 covers willful disobedience of a superior Noncommissioned or Warrant Officer.

Are there cases of German soldiers that openly refused to?

It is worth noticing his utterance that he was not afraid of the military situation on the whole, which especially at his wing near Uritzk is always tense, but that the situation in regard to the civilian population always caused fear. This, he said, was not the case only with him, but also down to troop level.

What are the options of a military commander?

Each commander or convening authority within the military justice chain has a range of available options and each commander exercises discretion in selecting one of the available options or makes a recommendation to a higher commander. As charges progress up the military justice chain, the convening authority has more options available.

Can a military commander take no adverse action?

While this may seem to be unusual, the circumstances surrounding an event actually may warrant that no adverse action be taken. The preliminary inquiry might indicate that the accused is innocent of the crime, that the only evidence is inadmissible, or the commander may decide that other valid reasons exist not to prosecute.

How does a military commander make a decision?

In civilian communities, police and prosecutors exercise discretion in deciding whether an offense should be charged and offenders punished. In the military, commanders make this decision. Once the investigation is complete, the commander must make a decision about how to dispose of the case.