Military Orders
A military order is defined in ยง 2 (2) of the German military penal law (German: Wehrstrafgesetz, WStG) as an:
- instruction for a defined behavior (Anweisung zu einem bestimmten Verhalten)
- given by a military superior to his subordinate
- in written, oral or other form (for example, signals or signs)
- generally, or in a single case
- with claim of obedience (Anspruch auf Gehorsam).
An instruction might be a military order, if a soldier was a defined military superior by the Ministerial Directive Governing Superior-Subordinate Relations (German: Vorgesetztenverordnung). If an order was given by someone not a military superior, it would be juridically called a "military non-order" (without claim of obedience). Fundamentally, a superior is responsible for his orders and obligated to implement his instructions. He may only give orders concerning official aims and respecting international and national laws and the general directives issued by the Ministry. He is fundamentally responsible for the consequences of his orders. Whenever possible, military orders should include a description of the task and its aim. This is known as Auftragstaktik, and would enable subordinates to act to achieve the order's aim in changed circumstances.
Read more about this topic: Command And Obedience In The Bundeswehr
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