Why are superior orders not a complete defense for war crimes or crimes against humanity?

In international criminal law, the defense of superior orders is not a complete exoneration for war crimes or crimes against humanity because the legal framework prioritizes individual accountability for breaches of international law.12

The principle that individuals are responsible for their actions, regardless of whether they were acting under orders, was firmly established by the Nürnberg tribunal following World War II. The tribunal’s charter explicitly stated that superior orders would not relieve a defendant of liability, though such orders could potentially be considered in mitigation of a sentence.2

This stance is rooted in the ethical necessity of enforcing international standards; as the tribunal noted, crimes against international law are committed by individuals, and only by holding those individuals accountable can the law be effectively enforced. While many national legal systems may permit the defense of superior orders for soldiers or officers of the peace, international criminal law rejects this as a total defense to ensure that subordinates cannot be shielded from the consequences of committing grave offenses.21