Work

Prohibition to execute an unlawful superior order as an integrity-building measure in international law

Year: 2024

Type: article

Abstract: The prohibition to execute an unlawful superior order as an integrity-building measure is regulated by soft-law integrity instruments which were predominately developed under the auspices of the UN and the CoE. The case law of the ECtHR also offers needed clarifications in that respect. The paper contributes to the long-standing debate on whether the prohibition to follow unlawful orders should cover all types of unlawfulness or should be limited only to clearly illegal orders. It may be concluded that international instruments should be more consistent and concrete when it comes to setting the prohibition to execute unlawful superior orders and the obligation not to tolerate any illegalities. The case law of the ECtHR provides useful guidance in that respect and comes up with an extensive understating of the notion of lawfulness.

Source: Arhiv za pravne i drustvene nauke

DOI: 10.5937/adpn2404073c

Author: Vesna Ćorić

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

Funder: Ministarstvo Prosvete, Nauke i Tehnološkog Razvoja

Award: G7490547500