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005			20250121082612.0
041			_afre
042			_adc
100	1	0	_aDoaré, Ronan _eauthor
245	0	0	_aLegal order, illegal order
260			_c2013.
500			_a25
520			_aHierarchical obedience is imposed like a principle of organization, but also like an essential operational rule concerning numerous public and private institutions. Military action is subject to “strict hierarchical supervision.” However, a principle of enlightened subordination has succeeded the requirement for blind obedience. As such, article 8 of the decree of July 28, 1975, on the regulations governing the discipline of armies, states that “the subordinate must not carry out an order that directs an act, which is clearly illegal or contrary to the customs of war or international agreements, to be carried out.” The nub of the problem though is to judge just what amounts to a “clearly illegal order.” Disobedience can lead to a disciplinary hearing and prison; executing a clearly illegal order though is no less serious: it can lead to the hierarchical superior but also the subordinate(s) appearing before the criminal judge.
786	0		_nInflexions | o 24 | 3 | 2013-09-02 | p. 153-162 | 1772-3760
856	4	1	_uhttps://shs.cairn.info/journal-inflexions-2013-3-page-153?lang=en&redirect-ssocas=7080
999			_c500953 _d500953