L’ordine del superiore gerarchico nella giustizia di transizione italiana : diritto, etica e politica

The defence of obedience to superior orders was one of the most invoked arguments in transitional justice after the Second World War both at national and international levels. In Italy, it was often raised by the defendants accused of collaborating with the Germans for having adhered to the Italian Social Republic against the Resistance. In 1945, the Court of Cassation used to reject these defences on the ground of the illegitimacy of the Italian Social Republic. Instead, since 1946, Italian judiciary has justified those who had obeyed superior orders, thus contributing to the reduction of the punishment towards crimes of collaboration with the Germans.