Criminal Orders
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Criminal Orders
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 Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
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See also

*'' Befehlsnotstand'' * Criminal orders


References


Further reading

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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Military Order (instruction)
A military command or order is a binding instruction given by a senior rank to a junior rank in a military context. Not all senior ranks in all military have the right to give an order to all lower ranks.George Breckenridge Davis, ''A Treatise on the Military Law of the United States,'' 1913 1584776501 p385 "A staff officer has, except by assignment, no right to give a military order to an officer of the line ; if he should do so without stating that he did so in the name of a superior to the line officer, such order would be invalid." A general order is a published directive by an officer in a command post, which is binding on all ranks under his command, and intended to enforce a policy or procedure. US military In the US military an operations order is a plan format meant which is intended to assist subordinate units with the conduct of military operations. See also * Superior orders *Führerprinzip The (; German for 'leader principle') prescribed the fundamental bas ...
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International Criminal Law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001. ...
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Superior Orders
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, a firefighting force, or the civilian population, should not be considered guilty of committing actions that were ordered by a superior officer or official. The superior orders plea is often regarded as the complement to command responsibility. One of the most noted uses of this plea, or defense, was by the accused in the 1945–1946 Nuremberg trials, such that it is also called the "Nuremberg defense". The Nuremberg trials were a series of military tribunals, held by the main victorious Allies after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany. These trials, under the London Charter of the International Military Tribunal that established them, determined that the defense of superior orders was no long ...
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Command Responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law
by Allison Marston Danner and Jenny S. Martinez, September 15, 2004

by Robin Rowland, CBC News Online, 6 May 2004
The legal doctrine of command responsibility stipulates that a superior officer (military commander or civilian leader ...
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Befehlsnotstand
''Befehlsnotstand'' (English: Necessity (criminal law), Necessity to obey orders) is a German legal term that refers to a situation in which a certain action is ordered that violates law, but where the refusal to carry out such an order would lead to drastic consequences, specifically danger to life or body, for the person refusing to carry out the order. The concept of ''Befehlsnotstand'' was successfully used as a defense in World War II-related war crimes trials in Germany in the 1950s and 1960s but research into the subject since has proven that ''Befehlsnotstand'' as such did not exist, meaning German soldiers of the Wehrmacht or ''Schutzstaffel'' did not actually face drastic consequences if refusing such an order during the war. Refusing a lawful order did however result in consequences, with 23,000 German soldiers executed for refusing orders. Etymology ''Befehlsnotstand'' is a Compound (linguistics), compound word, made up of the German words ''wikt:Befehl, Befehl'' (com ...
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Criminal Orders (Nazi Germany)
Criminal orders is the collective name given to a series of orders, directives and decrees given during the invasion of the Soviet Union in World War II by the Wehrmacht High Command. The criminal orders went beyond established codes of conduct and led to widespread atrocities on the Eastern Front. The orders *Barbarossa Decree, issued 13 May 1941 *Guidelines for the Conduct of the Troops in Russia, issued 19 May 1941 *Commissar Order, issued 6 June 1941 * Orders Concerning the Deployment of the Security Police and the Security Service within Military Formations, issued 28 April 1941 * Orders relating to the treatment of prisoners of war, issued June to December 1941 See also * Commando Order * Severity Order * War crimes of the Wehrmacht * Myth of the clean Wehrmacht The myth of the clean ''Wehrmacht'' is the negationist notion that the regular German armed forces (the ''Wehrmacht'') were not involved in the Holocaust or other war crimes during World War II. The m ...
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International Law Legal Terminology
International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The Three Degrees album), 1975 *''International'', 2018 album by L'Algérino Songs * The Internationale, the left-wing anthem * "International" (Chase & Status song), 2014 * "International", by Adventures in Stereo from ''Monomania'', 2000 * "International", by Brass Construction from ''Renegades'', 1984 * "International", by Thomas Leer from ''The Scale of Ten'', 1985 * "International", by Kevin Michael from ''International'' (Kevin Michael album), 2011 * "International", by McGuinness Flint from ''McGuinness Flint'', 1970 * "International", by Orchestral Manoeuvres in the Dark from '' Dazzle Ships'', 1983 * "International (Serious)", by Estelle from '' All of Me'', 2012 Politics * Political international, any transnational organization of ...
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