Related Rule
Guinea
Practice Relating to Rule 155. Defence of Superior Orders
Guinea’s Code of Conduct (2011) states: “Defence forces personnel, in particular commanders, shall be held responsible for acts committed in violation of human rights and international humanitarian law in the execution of illegal orders.”
Guinea, Code de Conduite des Forces de Défense (Code of Conduct of the Defence Forces), 2011, Ministère de la Défense Nationale, approved by Presidential Decree No. D 289/PRG/SGG/2011, 28 November 2011, Article 28.
Guinea’s Disciplinary Regulations (2012) states:
[A]ny person carrying out an order which requires the performance of a flagrantly illegal act, an act which involves notably an offence against the life, integrity or the freedom of persons or the right to property, fully engages his disciplinary and criminal responsibility.
That latter responsibility is assessed in accordance with the rules of criminal law. Especially, the grounds for absence of responsibility, such as coercion, can exonerate a subordinate from any responsibility.
Guinea, Règlement de Service dans les Forces Armées, Volume 1: Règlement de Discipline Générale (Service Regulations in the Armed Forces, Volume 1: General Discipline Regulations), 2012 edition, Ministère de la Défense Nationale, approved by Presidential Decree No. D 293/PRG/SGG/2012, 6 December 2012, Article 10(3)–(4).
Guinea’s Code of Conduct (2014) states: “Defence forces personnel, in particular commanders, shall be held responsible for acts committed in violation of human rights and international humanitarian law in the execution of illegal orders.”
Guinea, Code de Conduite des Forces de Défense (Code of Conduct of the Defence Forces), 2014 edition, Ministère de la Défense Nationale, 28 November 2011, Article 28.
Guinea’s Constitution (2010) states:
Having received an order or instruction cannot be used as justification for acts of torture, abuse or cruel, inhuman or degrading treatment committed in the course of or in the connection with carrying out one’s duties.
Guinea, Constitution, 2010, Article 6.
