Abstract:

There is no consensus about act of superior order in national and international law. İt is valid in terms of Turkish law. The defense of obedience to superior order have been frequently used since the early ages. The different approaches about this issue have showed up in time. The origin of the different approaches is a dilemma. In fact, national and international law put subordinate in a dilemma. If subordinate disobeys superior order, he can face the risk of punishing by national law. On condition that subordinate obeys superior order, he can be punished by international law. There are basically three approaches in this issue. These approaches are respondeat superior, absolute liability and conditional liability. In respondeat superior approach, subordinate isn’t responsible for his action. In absolute liability, subordinate is responsible for his action along with his superior. Conditional liability approach compromises these two different approaches. According to this approach, there are specific criterions. If all criterions are met, the defense of obedience to superior order can be acceptable.

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