Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. Few defendants at any of the trials denied the accusations made against them, and often their own testimony was used to convict them.
Nuremberg Trials after World War II[ edit ] Rare color photo of the trial at Nuremberg, depicting the defendants, guarded by American Military Police See also: Nuremberg trials In andduring the Nuremberg trials the issue of superior orders again arose.
The Rome Statute was agreed upon in as the foundational document of the International Criminal Court, established to try those individuals accused of serious international crimes. Related posts:. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless: a The person was under a legal obligation to obey orders of the Government or the superior in question; b The person did not know that the order was unlawful; and c The order was not manifestly unlawful.
To this day no one has found an example of a German who was executed for refusing to take part in the killing of Jews or other civilians. This was the earliest modern European example of the doctrine of command responsibility. Military theory of war, warfare theory, principles of war.
Itai Haviv, a signatory of the 'courage to refuse' letter of tells of his unhappiness about his service for the Israeli Defense Forces IDF and says "For 35 years a black flag was proudly hanging over our heads, but we have refused to see it".
Judge Benjamin Halevy 's words, still much-quoted today, were that "The distinguishing mark of a manifestly illegal order is that above such an order should fly, like a black flag, a warning saying: 'Prohibited!