Superior Orders Clause Samples

Superior Orders. The first cluster of excuses centered on crimes that were committed by subordinates in hierarchical organizations. As noted in Chapter 12, Article II(4)(b) of Law No. 10 entitled the tribunals to reduce a defendant’s sentence on the ground that he had committed his crimes pursuant to superior orders. A number did so, including the 89 Ministries, XIV TWC 580. 90 High Command, XI TWC 600. 91 Flick, VI TWC 1222. 92 Einsatzgruppen, IV TWC 578. 93 Ministries, XIV TWC 522. 94 Id. at 861. 95 Id. 96 Hostage, XI TWC 1317. High Command, Hostage, and ▇▇▇▇ tribunals.97 Superior orders was a mitigating factor even for defendants as high-ranking as ▇▇▇ ▇▇▇▇,98 and the existence of such orders meant the difference between life and death for ▇▇▇▇▇▇▇▇▇▇ in ▇▇▇▇.99 Similarly, in the civilian context, the Justice tribunal reduced ▇▇▇▇▇’▇ sentence for participating in the Nazis’ nationwide system of cruelty and injustice because he honestly believed that, as a prosecutor, he was ethically bound to apply all properly- enacted German laws, even those he considered unjust.100