Practice Relating to Rule 154. Obedience to Superior Orders
Under Egypt’s Military Criminal Code (1966), failure to execute orders is punishable if the order in question is “legal”. However, it also provides for the punishment of persons who do not obey “military orders”.
The Report on the Practice of Egypt, referring to an explanatory memorandum relative to Article 15 of Egypt’s Military Criminal Code, which provides for the punishment of not executing legal orders, notes “the fact that the order of a superior should be a ‘legal one’”. The report further states: “Clearly, this may open the door for a defence of non-execution of an order to commit a violation of IHL.”