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The Defence of Superior Orders in Canada: A Review of Superior Orders in Nationaland International Law*

Published online by Cambridge University Press:  09 March 2016

James M. Simpson
James M. Simpson*
Affiliation:
Formerly Judge Advocate General, Canada; now a Senior Legal Officer, United Nations
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Extract

In the preface to his book, Superior Orders in National and International Law, Professor Green mentions that “… in 1972 the Canadian Department of Justice on behalf of [the Office of] the Judge Advocate General of the Department of National Defence, invited me to undertake a survey of the defence of superior orders in both national and international law … [and] the present book has grown out of the Report that materialized from these studies.” It may be useful, or at least interesting, to readers of the book to preface this review with some of the background to the decision to ask Professor Green to undertake the study.

Type
Notes and Comments
Information
Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 15 , 1978 , pp. 306 - 314
Copyright
Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1978

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References

1 R.S.C. 1970, C-34.

2 R.S.G. 1970, N-4.

3 Queens Regulations and Orders for the Canadian Forces, Volume I, Administration, Chap. 19.

4 Manual of Military Law, Part III, 1958, para. 627.

5 Law of Land Warfare, Department of the Army, FM27-10, 1956, para. 509.

6 Geneva Conventions Act (Schedules), R.S.C. 1970, G.3.

7 Section 12(2) of the National Defence Act, R.S.C. 1970, N-4 reads: “12(2) Subject to Section 13, the Minister may make regulations not inconsistent with this Act or regulations made by the Governor in Council for the organization, training, discipline, efficiency and good government of the Canadian Forces....”

8 By the definition of “man” in section 2 of the National Defence Act, any member of the Canadian Forces who is not an officer is a “man,” whether male or female.

9 In re List, (1948) 8 War Crimes Rep. 34, 50–2.

10 R.S.C. 1970, c. R-5.

11 S.C. 1971, c. 38, as amended by S.C. 1974-75, c. 20 and 1977 Bill C-53.

12 Op. cit. supra note 4.

13 Op. cit. supra note 5.