PageIntroductionThe Brief.3Summary of Findings.3Author 3The Duty to Disobey Unlawful Orders4The legal duty to disobey unlawful orders4Identifying a manifestly unlawful order 6What is an unlawful order?6 Examples of manifestlyunlawful orders7 A soldier’s duty todisobey unlawful orders 7The Laws of War 8Allwar is illegal.
8Threatening or attacking a nation state is always illegal
9The UN Security Council cannot authorise the use of armed force.
9The only legitimate use of armed force is self defence
10Pre-emptive attacks are prohibited10Taking part in a war of aggression is a universal crime11Wilful killing is a war crime
12Killing a person because of their nationalityis genocide
12Deliberately destroying members of anational group is genocide13
Leaders are responsible for the war crimes of subordinates14Aiding or abetting a war or the use of armed force is a crime
15Every citizen has a legalduty to disobey illegal orders15Unlawful superior orders17Prime Ministerial orders to attack Afghanistan [2001 – 2009] 17False justification for war20War Crimes23A Crime Against Peace23Genocide24A Crime Against Humanity24War Crimes25Conspiracy26The Offences Against the Person Act 186127Proving intent 27Conclusions28Appendices30UN Charter – Chapter VII30UNSCR 138633UNSCR 151035