Соответствующая норма
Australia
Practice Relating to Rule 154. Obedience to Superior Orders
Australia’s Defence Force Manual (1994) provides: “If an order is ambiguous, clarification should be sought. If clarification is unavailable, any action taken must comply with LOAC [law of armed conflict].”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1306; see also Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1207.
Australia’s LOAC Manual (2006) states: “If an order is ambiguous, clarification should be sought. If clarification is unavailable, any action taken must comply with LOAC.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.7.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Under Australia’s Defence Force Discipline Act (1982), disobedience to a “lawful command” is a punishable military offence.
Australia, Defence Force Discipline Act, 1982, Section 27.
At the CDDH, Australia stated that it “supported the objectives sought in the ICRC text of article 77 [of the draft Additional Protocol I]. Since the article should relate solely to grave breaches, paragraph 1 could be approved without reservation.”
Australia, Statement at the CDDH, Official Records, Vol. IX, CDDH/I/SR.51, 5 May 1976, p. 128, § 26.
