WAR CRIMES

Authors

Elbridge Colby, Captain, United States Army, General Staff, Washington,

Abstract

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that "a soldier is bound to obey all lawful orders of his superior officers, or officers over him, and all he may do in obeying such lawful orders constitutes no offense as to him ?" It has been said: "A military officer is justified by an order from a superior officer, apparently within the scope of his authority. If the superior has abused his power, he, and not the inferior who executes the order, is answerable. * * * I do not think the defendant was bound to go behind the order, thus apparently lawful, and satisfy himself by inquiry that his commanding officer proceeded upon sufficient grounds. To require this would be destructive of military discipline and of the necessary promptness and efficiency of the service.''

Recommended Citation

Elbridge Colby, WAR CRIMES, 23 Mich. L. Rev. 606 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss6/4