Practice Relating to Rule 154. Obedience to Superior Orders
In a case relating to conscientious objection in 1992, the Colombian Constitutional Court considered that a superior’s order that would consist of occasioning death outside combat would clearly lead to a violation of human rights and of the Constitution. As such it should be disobeyed.
In another case in 1995, in which the Court was examining the constitutionality of a military regulation that provided that a subaltern was obliged to obey a superior’s order that he/she thought unlawful, if the order was confirmed in writing, the Court took the same approach.
The Supreme Court of the Republic of Croatia, as the second instance court, concludes that the actions of the accused … satisfy all elements of the criminal offence of war crimes against civilians in violation of Article 120(1) of the BCCRC [Basic Criminal Code if the Republic of Croatia].