University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 4 2 2013 06 22 Foundations and Conditions of Attribution to Superior Defense in International Criminal Law Foundations and Conditions of Attribution to Superior Defense in International Criminal Law 227 254 630 FA Reza Parastesh Mohammad Reza Nazarinejad Journal Article 2015 07 13 In national criminal law, superior order is no excuse for subordinate, unless in some exceptional requirements proves that the executor has had a mistake of law, a mistake of fact, or has been under duress. <br />In international criminal law, the possibility of attribution to this defense is more limited, because international crimes are the most serious types of crimes that concern the international community as a whole. Therefore, the defense of superior order is not attributable to international crimes, expect for war crimes, and for when subordinate proves that he could not understand the illegality of order. In national criminal law, superior order is no excuse for subordinate, unless in some exceptional requirements proves that the executor has had a mistake of law, a mistake of fact, or has been under duress. <br />In international criminal law, the possibility of attribution to this defense is more limited, because international crimes are the most serious types of crimes that concern the international community as a whole. Therefore, the defense of superior order is not attributable to international crimes, expect for war crimes, and for when subordinate proves that he could not understand the illegality of order. https://jol.guilan.ac.ir/article_630_94621fbb391e46efcf2ee174f243d0ea.pdf