National Implementation of IHL
Instructions implementing the Decree on the general military discipline, 2005
Instruction No. 201710/DEF/SGA/DFP/FM/1 d’application du décret relatif à la discipline générale militaire du 4 Novembre 2005

04.11.2005
Bulletin Officiel des Armées No. 49 du 5 décembre 2005, pp. 8299-8329, http://www.unabcc.org/manuel-militaire/ (last accessed on 02.05.2013)

Summary
Instructions on implementation of the Decree relating to general military discipline aim to define the rules relating to military discipline in the various army corps and their respective hierarchical structures. The directive outlines the duties and responsibilities of military commanders and their subordinates, as well as those of servicemen engaged in combat or held in enemy hands. While recalling that the primary duty of a subordinate is to obey orders, it stipulates that he or she must refuse to execute an order which is manifestly unlawful, subject to his or her criminal and disciplinary responsibility. The directive also provides for a range of measures to be taken for the treatment of prisoners of war. It addresses the duties and responsibilities of medical personnel in times of armed conflict and provides for the latter’s special protection and for their entitlement, in accordance with international humanitarian law conventions, to make use of the red cross emblem for the purpose of identification.

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