Befehlsnotstand (English: Necessity to obey orders) is a German legal term that refers to a situation in which a certain action is ordered that violates law, but where the refusal to carry out such an order would lead to drastic consequences, specifically danger to life or body, for the person refusing to carry out the order.[1]
The concept of Befehlsnotstand was successfully used as a defense in World War II-related war crimes trials in Germany in the 1950s and 1960s[2] but research into the subject since has proven that Befehlsnotstand as such did not exist, meaning German soldiers of the Wehrmacht or Schutzstaffel did not actually face drastic consequences if refusing such an order during the war.[3][4] Refusing a lawful order did however result in consequences, with 23,000 German soldiers executed for refusing orders.[5]
- ^ "Befehlsnotstand" (in German). www.rechtslexikon.net. Retrieved 17 October 2018.
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Welt 2015was invoked but never defined (see the help page). - ^ Cite error: The named reference
Welt 2014was invoked but never defined (see the help page). - ^ Oldenburg 2004, p. 222.
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Haasewas invoked but never defined (see the help page).
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