Jurisprudence

Dear JAG: What Do I Do if I Get Unlawful Orders to Blow Up Civilian Boats

By Eugene R. Fidell and Steven J. Lepper
Nov 24, 2025 2:38 PM


“Dear Joe.” Martin Bernetti/AFP via Getty Images

This month saw another deadly U.S. military strike on a civilian vessel, suspected of drug trafficking, in international waters. As these strikes have escalated, questions have only increased around their lawfulness. At the same time, President Donald Trump last week accused Democratic lawmakers of “treason” for producing a viral video noting that members of the military must remain vigilant in the face of potentially unlawful orders from the commander in chief. On Monday, the Pentagon announced it was investigating Sen. Mark Kelly for the video about unlawful orders.

As a former judge advocate in the Coast Guard and a retired Air Force major general who served as deputy legal counsel to the chairman of the Joint Chiefs of Staff and deputy judge advocate general of the Air Force, we offer some perspective on how members of the military can and should respond to such orders.

The following “Dear Joe” email exchange is a hypothetical email colloquy between an expert in military law and a fictional service member seeking advice on how to deal with the current situation. The content is based on publicly reported facts, the Manual for Courts-Martial, the Uniform Code of Military Justice, and the authors’ opinions.

Military law establishes a strong presumption that military orders are lawful and must be obeyed. We do not counsel any military member to disobey any order they may be given. Our purpose is simply to provide all readers insight into the laws and procedures associated with military orders and the challenges involved in identifying, questioning, and disobeying orders that are unlawful.

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