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The Rome Statute of the International Criminal Court - A Commentary edited by Cassese, Antonio; Gaeta, Paola; Jones, John RWD (25th July 2002)

Volume I, s.4 General Principles of International Criminal Law, 24 Defences, Ch.24.2 Superior Orders

Andreas Zimmermann

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 September 2019

It was already Augustine who dealt with the problem of obedience with regard to unlawful acts and considered that even when a given ruler engaged in an unjust war, the soldier might still establish his innocence for having followed that very same order. 1 In sharp contrast thereto, it was Grotius who stated that where a war was unjust, the individual soldier would then be entitled to refuse to participate. 2 Finally Francisco de Vitoria distinguished between situations where it is evident that the war is unjust and where accordingly a subject is not under an...
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