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On the Principle That Obedience to the order of a Superior Officer Will Not Prevent a Soldier from Punishment

Author: HuangLiNa
Tutor: HuangDeMing
School: Wuhan University
Course: International law
Keywords: Superior orders Illegal Command Moral choice International Criminal Law
CLC: D997.9
Type: Master's thesis
Year: 2005
Downloads: 145
Quote: 1
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Abstract


This paper mainly discusses on an important principle in international criminal law : superior orders is not exempted from liability principle . The purpose of this study is to explore the true meaning of this principle , further pointed out that the junior officers and soldiers how it should be to treat superiors illegal command ; obey orders of superiors conditions ; liable Once you perform an illegal command . This thesis comprises five chapters . The first chapter of the historical development of the Superior Orders principles of international law done a good combing . Before the First World War , the higher command Disclaimer ; Leipzig trial of the First World War , the international judicial practice Disclaimer order of a superior principle , but the command was illegal except jurisprudence ; World War II , the International Military Tribunal in Nuremberg and the Far East trial, so that the order of a superior principle of non - exemption be finally established ; superior orders and the establishment of its implementation of the Statute of the International Criminal Court , the principle of non - Disclaimer improvement and development . The Superior Orders principles related to several concepts - \Next third, fourth, five chapters in this thesis from the practice of States , scholars writings and theory of international law , in turn discussed Disobeying Illegal command theory choice , subject to the conditions of the order , and how to create illegal command the disobedience system . Finally, to clarify the Chinese do not obey the illegal command system should be established .

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CLC: > Political, legal > Legal > International law > International Criminal Law
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