Abstract
In its Judgment of 17 February 2016, the Polish Supreme Court adjudicated the case of
Polish soldiers accused of crimes committed in the village of Nangar Khel in Afghanistan in
2007. Ultimately, the Supreme Court found that Polish soldiers were guilty of, inter alia,
breach of Article 318 of the Polish Penal Code, which stipulates that a soldier commits a
crime even when executing an order if he is aware of this crime. However, the part of the
judgment devoted to the problem of unlawful orders is very limited and almost completely
lacks references to international law. The Supreme Court could have referred to a number
of international legal acts, starting from the beginning of 20th century and up to the more
recent regulations, including those in the Rome Statute. Moreover, the Supreme Court did
not use international case law. As a result, the argumentation of the Supreme Court should
be assessed as limited and unconvincing.
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