Practice Relating to Rule 154. Obedience to Superior Orders
Guinea’s Disciplinary Regulations (2012) states:
Article 1: It is important that superiors obtain from their subordinates obedience and subservience at all times, as discipline is the main strength of armed forces.
Article 10: Duties and responsibilities of subordinates
The primary duty of subordinates is to obey orders. The authority vested in a commander is conferred upon him by law. The obedience by his subordinates due to a superior vested with authority is simply compliance with the law, which is an expression of the national will.
However, any person carrying out an order which requires the performance of a flagrantly illegal act, an act which involves notably an offence against the life, integrity or the freedom of persons or the right to property, fully engages his disciplinary and criminal responsibility.
That latter responsibility is assessed in accordance with the rules of criminal law. Especially, the grounds for absence of responsibility, such as coercion, can exonerate a subordinate from any responsibility.
A subordinate who refuses to carry out an order whose unlawful nature is not proven is guilty. He shall incur a sanction independently from any potential proceedings against him for refusing to obey orders.
Guinea’s Constitution (2010) states: “No one is bound to carry out a manifestly unlawful order. The law defines manifestly unlawful orders.”
Guinea’s Code of Military Justice (2011) states:
Any serviceman or affiliated personnel who refuses to obey an order or who, except in the case of force majeure, does not carry out a received order, shall be punished with one (01) to two (02) years’ imprisonment.
The sentence can be increased by one (01) to three (03) years if the acts were committed during an armed conflict in besieged territory or in territory in which there is a state of emergency, or on board of a ship or aircraft.