Practice Relating to Rule 154. Obedience to Superior Orders
Chile’s Code of Military Justice (1925) provides:
All military personnel are obliged to obey an operational order given them by a superior in the exercise of his legitimate powers … The right to demand that the acts of a superior yield to the statutes or regulations does not exempt the subordinate from obedience nor does it suspend the fulfilment of an operational order.
The Code further provides:
Where the order is clearly conducive to the perpetration of an offence, then the subordinate may suspend the performance of the said order and, in urgent cases, modify it, immediately reporting this to the superior … If the superior insists on maintaining the order, it shall be carried out under the terms of the previous article.
In its judgment in the Guzmán and Others case in 1974, Chile’s Santiago Council of War stated:
The provisions of Article 335 of the Code of Military Justice [which provides for the right to disobey an unlawful order] require that: a) an order be received from a hierarchical superior; b) that this order be related to the military service; and c) that the subordinate has explained the illegality of the order to the superior, and that the latter has insisted on the order’s performance.
According to the Report on the Practice of Chile, “Chile adheres to the principle of reasoned obedience”.