Practice Relating to Rule 154. Obedience to Superior Orders
Under Cuba’s Military Criminal Code (1979), disobedience or failure to obey an order is a punishable offence, but if the order is regarded as an excessive requirement, the court may apply special mitigation of the sanction.
The Report on the Practice of Cuba states:
In practice, there is no record of military personnel giving orders violating international humanitarian law, but in accordance with the interpretation of [Article 25(3) of the Penal Code providing for mitigation in case of excessive order], obeying an illegal order is comparable with excessive requirement to obey, and the possibility of not obeying can therefore be envisaged.