In international law, a criminal order or illegal order is a military order for the commission of a war crime or other violation of international criminal law. Because superior orders do not exonerate such violations, it is obligatory to disobey the order. Furthermore, the commander is also responsible under the doctrine of command responsibility.[1][2]

See also

References

  1. ↑ Osiel, Mark J. (2017). Obeying Orders: Atrocity, Military Discipline and the Law of War. Routledge. p. 3. ISBN 978-1-351-50257-3.
  2. ↑ Sayapin, Sergey (2018). "An Alleged "Genocide of Russian-Speaking Persons" in Eastern Ukraine: Some Observations on the "Hybrid" Application of International Criminal Law by the Investigative Committee of the Russian Federation". The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum. T.M.C. Asser Press. pp. 313–326. ISBN 978-94-6265-222-4.

Further reading

  • Sato, Hiromi (2011). The Execution of Illegal Orders and International Criminal Responsibility. Springer Science & Business Media. ISBN 978-3-642-16753-9.
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