“He has the right to disobey, what he considers to be an ‘unlawful order’”
NO!
He has the right to disobey an ‘unlawful order’.
This, on it’s face, IS a lawful order. The subordinate does not get to decide which orders he is going to follow.
Lawful Orders
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. Article 92 conveys what constitutes the crime of disobedience of any lawful order (the disobedience does not have to be “willful” under this article).
These articles require the obedience of LAWFUL 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.
So, what is an “unlawful order”? If you give me an order and I think it’s, unlawful, I can disobey it. Doesn’t mean I’m right, by any stretch of the imagination. I do so at my own risk, peril and freedom. Because at some point, I’m going to have to explain my actions, to my superiors or a military court. And I better be right. Otherwise, I’m f*cked.