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Superior Orders and War Crimes

Published online by Cambridge University Press:  04 May 2017

George A. Finch
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Type
Editorial Comment
Information
American Journal of International Law , Volume 15 , Issue 3 , July 1921 , pp. 440 - 446
Copyright
Copyright © American Society of International Law 1921

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References

1 See Bellot, , War Crimes, Papers read before the Grotius Society, Vol. II, p. 47,Google Scholar who states that the proviso occurs in no previous edition of the British Manual of ; Military Law. Neither is such a proviso found in Lieber's Instructions for the Government of Armies of the United States in> the Field, which were supplanted by the present Rules of Land Warfare.

2 “The Laws of War; Prisoners of War and Reprisals,” Papers read before the Grotius Society, Vol. I, p. 23.

3 Ibid., Vol. II, pp. 54-55. For the trial of Captain Fryatt, see the editorial by J. B. Scott in this JOURNAL, Oct., 1916 (Vol. 10), p. 865. For French practice during the war, and opinion on the subject, see Garner, J. W., Punishment of offenders against the laws and customs of war, this JOURNAL, Jan., 1920 (Vol. 14), p. 70 Google Scholar at p. 83 et seq.

4 Dicey, , Law of the Constitution, pp. 301-302.Google Scholar

5 Birkhimer, , Military Government and Martial Law, pp. 561-562.Google Scholar

6 lbid., p. 565.