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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

An Illegal Order: The Limits of Obedience and Hierarchy

This article explores the complex relationship between military hierarchy and individual moral and legal responsibility. The central focus of the analysis is the concept of a manifestly illegal order, which presents the soldier with a dramatic choice. The text traces the historical development of this concept, citing the Nuremberg Standard and the Black Flag Doctrine, and also examines contemporary dilemmas such as the "banality of evil" and the impact of AI technology on decision-making (human in the loop). The reader will learn how the legal systems of various countries define the limits of obedience and when refusing to obey an order becomes not only a right but also an obligation under humanitarian law. This is a compendium of knowledge on the axiology of law in the face of war crimes and asymmetric conflicts.

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