Indicator 2. When the criminal legal framework sets more severe punishments for crimes committed during a state of war, state of emergency or armed conflict and the execution of a superior order would constitute such crime, the order should never be executed if it does not comply with minimum guarantees set by international humanitarian law and international criminal law

It is important that if the criminal legal framework sets more severe punishments for crimes committed during a state of war, state of emergency or armed conflict and the execution of a superior order would constitute such crime, the superior order should never be executed if it does not comply with minimum guarantees set by international humanitarian law and international criminal law.

Summary

The criminal law frameworks of all the analysed countries with the exception of Montenegro provide for sufficient safeguards that a subordinate will be by any means sentenced if he/she commits a crime on superior command and by doing so violates rules of international humanitarian or international criminal law.

Current state of play

The chart below shows the score of each indicator. You may change the sorting order by clicking on Ascending or Descending. You may also filter the data by clicking on the country name.

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Average, 2021

ALB BIH KOS MNE MKD