Course 13

Duty to Disobey Illegal Orders & Individual Responsibility

17 February 2026

Course Description

This course analyzes international law provisions and jurisprudence that establish the duty to disobey illegal orders; the right to conscientious objection; individual and command responsibility for war crimes, crimes against humanity, and genocide; and the prohibition of the defense of following superior orders.

Faculty

Triestino Mariniello

Professor of Law at Liverpool John Moores University, UK; Lawyer for Gaza Victims Before the ICC

Chantal Meloni

Italian criminal lawyer; Professor, Università degli Studi di Milano Statale, Italy

James Branum

Expert on military defense law in the U.S.; represented public resisters to wars in Iraq and Afghanistan

Hyunoh Shin

Lecturer, Ritsumeikan University College of International Relations, Kyoto, Japan; expert on conscientious objection in Korea

Marjorie Cohn

Moderator, Dean of the People's Academy of International Law

Supplemental Materials

THE DUTY TO DISOBEY ILLEGAL ORDERS AND THE DEFENCE OF SUPERIOR ORDERS

Powerpoint Presentation

Conscientious Objection to Military Service in the United States

Powerpoint Presentation

PDF handout including:

  1. International Law Resources
  2. U.S. Legal Sources
  3. Commentary and Analysis
  4. Training Materials
  5. Organizations and Links

Conscientious Objection to Military Service in South Korea

Powerpoint Presentation

Study of Conscientious Objection in the Republic of Korea
—Focusing on Constitutional Court Decisions and Arguments in UN Agencies—

In Japanese with an English summary on the last page.

Evaluation and Challenges of the Institutionalization of Conscientious Objection to Military Service in Korea

― Focused on the Discussion from the Human Rights and Constitutional Perspectives of the 2018 Decision of the Constitutional Court ―

In Japanese with an English summary on the last page.

English subtitles available.

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