Règle correspondante
Cuba
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.
Cuba, Military Criminal Code, 1979, Article 5.
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.
Report on the Practice of Cuba, 1998, Chapter 6.8.
