Criminal order (international law)

(Redirected from Illegal order)

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.

References

Osiel, Mark J. (2017). Obeying Orders: Atrocity, Military Discipline and the Law of War. Routledge. p. 3. ISBN 978-1-351-50257-3.
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.

Sources	Lieber Code Saint Petersburg Declaration of 1868 Hague Conventions of 1899 and 1907 Geneva Protocol Geneva Conventions 1864 First (1949) Second (1949) Third (1949) Fourth (1949) Protocol I (1977) Protocol II (1977) Responsibility to protect Rome Statute International Criminal Court
Topics	Civilians and non-combatants Civilian casualties Command responsibility / Superior orders Distinction Hors de combat Intent Joint criminal enterprise Medical neutrality Military necessity Prisoners of war Proportionality Protected persons Ruse de guerre Safe conduct

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