In Calley , a group of soldiers refused to follow Calley's orders in the massacre of villagers in the My Lai incident during the Vietnam War. Soldiers have a duty to question illegal orders and to refuse to obey them. The U.S. law in this area is an excellent example of a country beginning to address the need for protection for subordinates. There is, admittedly, no guarantee that such a provision will ensure a state's compliance with the requirements outlined in an ICC treaty. There is the possibility, however, that the realization that the state is a signatory party will influence governmental policy and facilitate domestic legislation.
Domestic legislation provides a needed counter-weight to the superior orders defense.
A provision, such as the one under discussion, will allow individuals to avoid committing illegal acts while further solidifying the premise that a superior order does not legitimize illegal acts. Rajeev Purohit graduated from the Washington College of Law, American University, with an LL.M. in International Legal Studies in May 1997. He completed his LL.B. at the University of Sussex in 1995.