superior orders


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superior orders

A plea or legal defense strategy in which the defendant claims that their actions were solely the result of carrying out the orders of superiors and that, as such, they should not be found guilty of such actions. Often known as the "Nuremberg defense," which is a reference to the use of such a defense by political and military leaders of defeated Nazi Germany in the Nuremberg Trials of 1945–46. Against the charge of unlawful murder during wartime, the staff sergeant's defense attorney put forward a superior orders defense, claiming that the killings were carried out under direct orders by superior officers.
See also: order
References in classic literature ?
But nobody ever sang by moonlight on the upper deck, and the congregational singing at church and prayers was not of a superior order of architecture.
Two or three servants of a superior order stood behind their master upon the dais; the rest occupied the lower part of the hall.
Oh, second father," he exclaimed, "thou who hast given me liberty, knowledge, riches; thou who, like beings of a superior order to ourselves, couldst understand the science of good and evil; if in the depths of the tomb there still remain something within us which can respond to the voice of those who are left on earth; if after death the soul ever revisit the places where we have lived and suffered, -- then, noble heart, sublime soul, then I conjure thee by the paternal love thou didst bear me, by the filial obedience I vowed to thee, grant me some sign, some revelation
He had looked forward, you are aware, to a brilliant career among "the blacks"; but, either because they had already seen too many white men, or for some other reason, they did not at once recognize him as a superior order of human being; besides, there were no princesses among them.
70) In his August 2002 memorandum explaining why the Convention Against Torture, supra note 35 would not prevent the use of coercive practices in interrogation, then-Assistant Attorney General Jay Bybee indicated that superior orders could be a defence in an international prosecution for violations of the Convention Against Torture.
The dilemma raises the difficult question of whether a plea of superior orders should be a legitimate defense to war crimes.
Mark Brown, National Sales Manager for Fukuvi USA, said, " We at Fukuvi USA/Victory Bear Products view this as a win for the market and will give construction accessories distributors the option of adding Victory Bear Products to their Dayton Superior orders.
logistics and relevant military superior orders," stressed the Prime Minister.
Paragraph 509 addresses the defense of superior orders,(221) stipulating that following superior orders would not constitute a defense to a war crimes charge for an individual.
Topics covered are diverse and include the superior orders defence, the mental element, the defence of mistake, command responsibility, the crime of aggression and the principle of legality.
That's why international law recognises individual criminal responsibility and rejected the defence of superior orders.
For the defense of superior orders to be valid, it must be shown that both the person who gives the order and the person who executes it, are acting within the limitations prescribed by law.
Deposits and Guarantees required: Ahead for good superior orders 50 000 EUR (HT).
That's why interna tional law recognises individual criminal responsibility and rejected the defence of superior orders.
At the international level, the Rome Statute of the International Criminal Court allows defendants charged with war crimes to invoke the defense of superior orders if the command obeyed was not "manifestly unlawful," a standard that has garnered substantial criticism.
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