Practice Relating to Rule 155. Defence of Superior Orders
In its judgment in the Repak case in 2008, concerning crimes committed against civilian non-combatant Serbs in an internment camp in Bosnia-Herzegovina in 1992, resulting from which the defendant was convicted on 11 counts of the war crime of unlawfully confining a protected person, the District Court of Oslo held:
The circumstance that the defendant to a large extent acted on orders as regards arresting civilian Serbs and taking them to Dretelj [internment camp], is in the Court’s opinion not of significant importance as a mitigating circumstance. The Court considers that in war it is not extenuating to act on orders, and for others than soldiers of private rank the Court finds that orders will normally not be a significant mitigation circumstance.
At the CDDH, Norway considered that “the rejection of Article 77 [of the draft Additional Protocol I] did not weaken the validity of the Nürnberg principles and of the rules of international law”.