Practice Relating to Rule 155. Defence of Superior Orders
In an article published in a military review, a member of the Kuwaiti armed forces stated that if a soldier received a clearly illegal order, he had the duty to disobey it,
otherwise, the soldier will be subject to penal and civil responsibility for his solidarity with the commander, unless the violation of the law is unclear, to the extent that the commanded is deceived by the same. Then, only the commander will be questioned. If the inferior knows the crime in advance, he shall be totally responsible. He would not be exempted unless it was indicated that he was in a state of moral obligation by a leader, or in case of necessity or force majeure.