Any criminal orders of commanders it is impossible to carry soldiers

Another 06/02/20 frame of filmoteka criminal orders of commanders it is impossible to carry soldiers,

In the middle ages soldier could disobey orders without any special consequences. The regular era of mass armies brought unquestioning obedience. The Nuremberg Tribunal of Nazi criminals made a decision: a soldier is obliged to disobey criminal orders, but everything in life is a little more complicated than in theory.

He continued to fight

First, consider the example of a fanatical adherence to the order. Lieutenant Hiroo Onoda fought with the allies on one of the Philippine Islands from 1944 to 1974.

he was sent to Lubang island at the head of the sabotage detachment, with orders from the commander, Lieutenant General Shizuo of Emami: “Suicide is strictly prohibited! Stay 3-5 years. I will always come for you. Continue your struggle, is still alive at least one soldier, even if I have to eat the fruits of palm trees. I repeat, suicide is strictly forbidden!”.

All fall into his hands information about the surrender of Japan Onoda, as taught in officer’s school, considered the enemy’s misinformation and continued to perform the task.

Onoda tried to find, but to no avail, and then in may 1969, his and soldiers of the Japanese government declared dead. Onoda was awarded the order of the Rising Sun the sixth degree.

Onoda was accidentally discovered in the jungle in February 1974, for the Japanese student Norio Suzuki. He tried to return second Lieutenant home, saying that the war is lost and long gone. Onoda argued that he has no orders from a senior officer. After returning to Japan, the student is told about Onoda, which caused a furor.

Japanese authorities tracked down Esimi Taniguchi, former mayor of the once direct commander Onoda. Taniguchi flew to Lubang, got in touch with Ondoy, being dressed in the uniform of the Imperial army, and ordered to surrender. Onoda followed orders, the next day, March 10 1974, giving Taniguchi and report your samurai sword. Hiroo Onoda was in decayed uniform, but the rifle is serviceable, the Arsenal of the complement of grenades and hundreds of bullets. Sword Onoda returned as a sign of his honor and valor.

What the order is criminal?

Now back to the question about the refusal to execute the order. In the statutes of the Soviet army, and now Russian, has a point about the fact that the first order is executed, and then is protested up the chain of command. Such clauses are in charters and other countries.

still, it is impossible to ignore the decision of the Nuremberg Tribunal. So a soldier can refuse to obey orders? In theory, Yes, but it can lead him to serious consequences up to death on the spot.

A. G. Tishchenko, captain of justice, officer of the legal service of the Armed Forces of the Russian Federation considers that an order is lawful or not must be met, responsibility for carrying out a lawful order lies with the commander, the soldier is not entitled to discuss. Tishchenko is based on the third subparagraph of article 30 of the Charter of internal service of Armed Forces of the Russian Federation (UVS the armed forces), which States: discussion of the order is unacceptable, and the disobedience or other fulfillment of the order is a military offense.

however, he stressed that article 30 and 31, articles 38 – 41 UVS of the armed forces determines that the orders, instructions and tasks cannot be aimed at the violation of the law or to demand a military man of action, not related to military service; the order of the commander (chief) should be executed implicitly, precisely and in time. The captain of justice believes that an unlawful order cannot be given in principle, but the reality is different. And legally the matter is not settled in any way. On the basis of paragraph 3 of article 26 of the Federal law “On status of servicemen” of 27 may 1998, the principle without question of the implementation of the order and any resultant orders, even illegal or criminal, thus must be done accurately and on time.

But Sergei Titleonok, Saint Petersburg lawyer, believes that the failure to comply with orders that violate the law and military regulations, not just permitted, but is the duty of a soldier, but only if you are absolutely clear signs of crime order.

At the same time, in the history of the First and Second Chechen wars many examples of how the implementation of criminal or illegal order has led soldiers on trial and sentenced to imprisonment for long terms.

Konstantin Baranovsky

© Russian Seven

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