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
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.
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