Practice Relating to Rule 155. Defence of Superior Orders
In 2002, in the Abilio Soares case, the Ad Hoc Human Rights Tribunal for East Timor stated:
In considering, that from the above Statutes and tribunal judgments, and in development of legal principles that state that:
- orders from a superior are not grounds to exonerate a perpetrator from prosecution and punishment.
In considering, that ad hoc international criminal tribunal practices (ICTY and ICTR) and various international instruments have developed the above principles; through the description of individual responsibility parameters as follows:
- the excuse of superior’s orders shall not exonerate a person from criminal responsibility, but may be considered as a mitigating factor.