Orders of Superiors Governance: An Approach to Governing the Security Sector through the Promotion of Human Rights

Volume 6|Issue 11| Oct 2025 |Special Issue

Abstract

​​​Given the demands of military discipline, which often require the unquestioned execution of superior orders, the need to distinguish between lawful and unlawful orders becomes critical—particularly in accordance with human rights principles and the rule of law. This study seeks to articulate safeguards for the governance of superior orders, grounded in international standards, thereby addressing a notable gap in the literature on security sector reform and civil-military relations in the Arab world. Rather than focusing on a specific case study, the research addresses twenty-five constitutions to explore how they regulate accountability for the execution of orders. The study concludes that the governance of superior orders is a crucial entry point for effective security sector reform, as its absence places subordinates in a persistent dilemma: either face legal consequences for refraining from executing an unlawful order or risk violating the law and infringing upon the rights of others by complying with it.

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Rashad Twam (Corresponding Author)ORCID

Researcher and faculty member (part-time), Muwatin Institute for Democracy and Human Rights & Faculty of Graduate Studies and Research, Birzeit University, Palestine​.​​

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