There are 14 sites catalogued in the category.
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Advocacy Net |
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(search: superior orders) Describes the day to day debates between states as they lobby for or against adoption of the ICC
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Command Responsibility and Superior Orders in the Twentieth Century-A Century of Evolution |
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A chronicle of the history of the concept of command responsibility and the defense of superior orders, with emphasis on developments in the last century. Assesses both military and non-military cases where individuals have invoked the defense to superior orders.
Contact: A.Zariski@murdoch.edu.au |
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Crimes of War - Command Responsibility |
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A discussion of the limited circumstances that the defense to superior orders may be invoked to mitigate punishment-may not serve as a defense against an allegation of grave breaches or other serious violations of International Humanitarian Law
Contact: offices@crimesofwar.org |
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Human Rights Watch - On Defense Arguments |
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Human Rights Watch recommends abolishing the defense of superior orders from the ICC statute
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Human Rights Watch - On the ICC |
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Human Rights Watch's critique of the UK's 2000 ICC draft bill recommending that the draft not provide for the defense of superior orders based on Article 8 of the Nuremberg Charter which prohibits the application of superior orders as a defense, the Statutes for the ICTR and ICTY, and the Convention against Torture
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Implementation Strategies Adopted by: Australia, New Zealand, Canada, UK and South Africa |
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Table showing particular issues of ICC debate and the respective countries' responses for implementation
Contact: webadmin@hrw.org |
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International Humanitarian Law and War Crimes |
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Provides description of International Humanitarian Law and its relation to the "laws of war." Describes the defense of superior orders in relation to command responsibility
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Milosevic and the Chain of Command in Kosovo |
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The defense of superior orders is not a defense to criminal liability, yet may be used to mitigate the sentence of a subordinate who acted under superior orders-Ex: Art. 7(4) of the Statute of the ICC.
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Nuremberg--A Fair Trial? Dangerous Precedent |
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Analysis concluding that the defense of superior orders does not go against ex post fact laws in our country and a if the International Military Tribunal rejects the defense of superior orders that it is wholly consistent with principles of US justice
Contact: web@theatlantic.com |
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Sentencing By International Tribunals: A Human Rights Approach |
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Contains a detailed discussion of international cases where the defense of superior orders was considered as a mitigating factor- U.S. v. Wihelm List, U.S. v. Von Leeb, U.S. v. Ohlendorf et al., U.S. v. Alstotter et al, US v. Yamashita
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