Frederick K. Cox International Law Center War Crimes Research Portal
Frederick K. Cox International Law Center War Crimes Research Portal
War Crimes Research Portal

Case Western Reserve University School of Law
11075 East Blvd.
Cleveland, Ohio 44106

Contact: michael.scharf@case.edu
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Web Links for Obedience to Superior Orders

There are 14 sites catalogued in the category.
Displaying links 1 through 10.
    Next 4 >>
Name: Advocacy Net
Description: (search: superior orders) Describes the day to day debates between states as they lobby for or against adoption of the ICC
Name: Command Responsibility and Superior Orders in the Twentieth Century-A Century of Evolution
Description: 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
Name: Crimes of War - Command Responsibility
Description: 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
Name: Human Rights Watch - On Defense Arguments
Description: Human Rights Watch recommends abolishing the defense of superior orders from the ICC statute
Name: Human Rights Watch - On the ICC
Description: 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
Name: Implementation Strategies Adopted by: Australia, New Zealand, Canada, UK and South Africa
Description: Table showing particular issues of ICC debate and the respective countries' responses for implementation
Contact: webadmin@hrw.org
Name: International Humanitarian Law and War Crimes
Description: 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
Name: Milosevic and the Chain of Command in Kosovo
Description: 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.
Name: Nuremberg--A Fair Trial? Dangerous Precedent
Description: 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
Name: Sentencing By International Tribunals: A Human Rights Approach
Description: 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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War Crimes Research Guide
  • Research Guide
  • Quick Start Guide to War Crimes Research
    (where to look)
  • Bibliography
  • International Law Journals