El principio de obediencia debida ¿En qué casos exime de responsabilidad penal al militar incurso en violaciones graves a los derechos humanos?

Abstract

It is investigated about the possibility of accepting as exemptions from criminal responsibility certain circumstances attached to the application of the military principle of due obedience. For this, the legal and constitutional regime of the principle is addressed, emphasizing the limitations imposed by the legal framework of human rights, the Political Constitution and its constitutional block, international humanitarian law, international criminal law and criminal law internal After studying the criminal responsibility of the military who, in the exercise of their functions, incur in unlawful, typical and guilty conduct that violates human rights. It is pointed out from the eminently legal point of view there is no cause that exonerates the committed or responsible military man from the commission of the acts, actions and facts that violate human rights. The doctrine insists on the jurisdictional need to incorporate certain factual assumptions such as error, the state of need or insurmountable fear, which can give another understanding to the illegal conduct of the subordinate who works in accordance with an order issued by higher authority. Finally, the relevance of human rights is reviewed in relation to the rereading of the legal system, and in particular, of the duties, obligations and responsibility of members of the security forces.