Applying a Modular Approach in the Field of Obedience Crimes in Military Service – The Case of Montenegro

Ćorić, Vesna and Knežević Bojović, Ana (2020) Applying a Modular Approach in the Field of Obedience Crimes in Military Service – The Case of Montenegro. Nauka i društvo (13). pp. 47-66. ISSN 2335-0792

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Abstract

In the course of last decades, the issue of crime of obedience in military service was a critical issue in national and international law. In addition, there are inevitable tensions between the crimes of obedience and crimes of disobedience in framing and drawing the line between those concepts. This tension is particularly apparent in the field of military criminal law, given that obedience to superior orders is the “cardinal virtue” of military profession and discipline. Authors in this paper challenge the view addressed in legal doctrine according to which there is an extensive consensus among jurists to apply a “one-rule-fits-all approach” in framing obedience crimes in military service. This paper assesses the legal framework of Montenegro in the field of obedience military crimes as to determine whether a modular approach, which was advocated as an alternative to the abovementioned approach has been applied. Where appropriate, a contextual comparative analysis of other South- Eastern European countries will be used. In addition, authors will examine applicable international soft law and hard law instruments as to determine whether they are in favour of the aforementioned approach or leave room for different interpretations.

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