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What is a superior order?
What is a superior order in a court of law?
What is a superior order in a war crime case?
Are superior orders valid?
Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, or the civilian population, should not be considered guilty of committing crimes that were ordered by a superior officer or official. [1] [2]
Apr 28, 2016 · Introduction. “Superior orders” refers to a defense in International Criminal Law (ICL). The gist of this defense is that a subordinate is not criminally liable for the crimes he or she committed in obedience to the orders of a superior.
Are "Superior Orders" a Legitimate Defense? One of the most difficult problems to be faced in trying war criminals is that of determining the guilt of men who claim that they were acting under orders of their superior—that they did not commit offenses of their own free will.
often perform such crimes under orders.8 Thus, the superior orders defense issue “has long been a critical issue in international criminal law.”9 The law pertaining to obedience of orders is also a core issue for any domestic system of military criminal law, since obedience to orders is the “cardinal virtue”10
- Bohrer Ziv
- 2012
Dec 31, 1999 · Superior orders mean just that -- orders. Thus the government official who carries out instructions which amount to war crimes is not protected unless he is subject to some legal compulsion. The fact that he might lose his job if he refused is, it is suggested, not sufficient.
Superior orders is probably the best known defence in ICL; in case law as well as in scholarly debates. As the UN War Crimes Commission observed, ‘the plea of superior orders has been raised by the Defence in war crime trials more frequently than any other’.
Sep 23, 2016 · The defence of superior orders has long been a subject of strong debate and controversy. Understanding the tumultuous history of the defence serves many purposes and has numerous benefits. It gives a much more comprehensive and nuanced appreciation of both the...
