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SummaryThis article addresses the content and ramifications of the unique plea of superior orders, illustrating the complexities of absolving wartime behaviour on this basis as well as the legitimate rationale for doing so in certain cases. The article discusses the general legal obligation for soldiers to obey commands; outlines the historical development and legal content of the corresponding plea of superior orders, including its incorporation into theRome Statute of the International Criminal Court(ICC); and assesses the potential future application by the ICC of this specialized "mistake of law" doctrine. The author argues that in light of its moral and practical ramifications it should be considered by the court as both a full defence and a factor in mitigation of sentence, in a manner conceptually distinct from duress. However, the author cautions that the ICC must be careful to encourage, rather than discourage, individual moral autonomy, to the extent possible. A full defence should remain open to soldiers only when they have acted under a reasonable albeit mistaken belief in the legality of their orders. Especially on the modern battlefield, soldiers must continue to act and be judged as "reasoning agents" and not as mere automatons.

Climate change is a security problem that requires global solutions. Despite some important recent advances, current international responses to climate change are inadequate. This paper assesses whether the United Nations Security Council possesses sufficient legal authority to compel states to address the causes and consequences of climate change. While not advocating the immediate adoption of coercive measures, this paper initiates discussion of this issue, with the goal of developing an institutional framework within which to respond to this emerging threat, if necessary. The paper begins with a brief overview of the clear links between climate change and security, and the inadequacy to date of international remedial efforts. This is followed by a detailed analysis of Security Council legal authority, in particular the UN Charter, including a discussion of its evolving invocation in the context of non-traditional threats. Applying this legal framework to the specific issue of climate change demonstrates the substantial authority of the Security Council to take binding decisions relating to this subject, and its wide range of available enforcement measures, recognizing that political will to exercise and support this authority is required for any successful Security Council efforts to address climate change. The paper concludes that the Security Council has the legal authority to address the causes and consequences of climate change, and that its recent counter-terrorism and non-proliferation measures provide an illustrative institutional framework within which to address this emerging 'threat to international peace and security'. Adapted from the source document.