According to Article 8 of Article 2 of the Defense Forces Proclamation 1100/2019, “any recruited soldier shall perform a military oath as soon as he / she has completed his / her basic military training,” and Article 9 (2) states that “any member of the Armed Forces “It is an obligation to respect and uphold the constitution and the constitutional order,” he said.
1) Order:
In addition, Article 2, Article 9, Sub-Article (3) of the Proclamation stipulates that “a member of the Armed Forces shall have the obligation to abide by other laws, military laws, directives and directives of the country.”
(B) Hierarchy of Laws:
1) Constitution:
Article 9 (1) of the FDRE Constitution states: “The Constitution is the supreme law of the land. Any law, customary practice, or decision of a government body or authority which is inconsistent with this Constitution shall not apply.” The government declares that not only the supreme law of the country but also any order, decision, regulation, proclamation, etc. of any government official is unconstitutional.
In any case, it means that a member of the military will only obey decisions, orders, and directives that do not conflict with the Constitution. As stated in Article 9 (1) of the Constitution, the order or directive of any government official, executive body and head shall not be enforced if it violates the basic principles of the Constitution.
2) Subordinate Legislations:
If the lower laws, such as the proclamations of the parliament, the regulations of the Council of Ministers, the directives of the Ministry of Defense, and the orders of the Chief of Staff are unconstitutional, then the constitution should be given priority.
(C) Order Vs. Oath?
Because the constitution is the rule of law and members of the military are sworn in first to uphold the constitution; On the other hand, because proclamations, rules, directives and orders are enforceable under the Constitution, when there is a conflict of law, they are more loyal to the Constitution and its conscience than to any directive, regulation or other law.
(D) International Norms:
When the army is ordered to intervene in countries of instability and violence, the army faces three basic conflicts of conscience:
In The insoluble moral dilemma of harming a civilian who is promised protection
ስጋት Consequences of international military tribunal liability for damages;
● On the other hand, disobedience to the superior order can lead to a reduction in rank, dishonorable discharge and even fear of being tried in a martial court.
5) Fortification: Quartering:
Conflict between government and citizens, civil strife, civil unrest, as the experience of some countries shows, by keeping members of the military in a fort or in a separate area, neutral / passive, avoiding unnecessary bloodshed, peaceful, legal and inclusive lasting One of the ways to build consensus is to sit in a quarter.
JUSTICE 