The Superior Orders Defence: A Game of Musical Chairs and the Jury is Still Out

26 Pages Posted: 1 Jan 2008 Last revised: 7 Aug 2009

Abstract

This article has as its aim an exploration of the development of the superior orders defence within both the national and international arena. It discusses the case law at both national and international levels as well as reflect on the various legal provisions as encapsulated in international instruments and national military manuals. It concludes with an overview of the military and international law paradox. On the one hand, military law tutors and soldiers are trained to comply with commands in order to ensure organisational integrity and efficiency; on the other hand, international law seems to suggest, by the tenor of its standard, that soldiers should stop and consider the lawfulness of their orders.

Suggested Citation

Maogoto, Jackson Nyamuya, The Superior Orders Defence: A Game of Musical Chairs and the Jury is Still Out. Available at SSRN: https://ssrn.com/abstract=1079378 or http://dx.doi.org/10.2139/ssrn.1079378

Jackson Nyamuya Maogoto (Contact Author)

University of Manchester ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
135
Abstract Views
932
rank
210,147
PlumX Metrics