Military Training: The Creation of the Modern Soldier

We are all products of our environment. It shapes our perceptions and influences our behaviour (see, for example, Isen and Levin 1972; Darley and Batson 1973; Mathews and Cannon 1975; Haney et al. 1973; Overmier and Seligman 1967). Since the law is fundamentally a tool for the regulation of human behaviour, it is important that the law takes into account the individual’s environment. Yet, the legal standard set for soldiers that obey the illegal orders of their commanders is often implemented in isolation from or with a limited understanding of the soldier’s environment. Under the Rome Statute, soldiers are liable for obeying illegal orders if they knew the order was unlawful or the order was manifestly unlawful. In determining whether an order is manifestly unlawful, the courts can use the standard of whether a ‘reasonable person’ would have known that the order was manifestly unlawful. The ‘reasonable person’ is often ascertained without sufficient in-depth understanding of the social, behavioural, psychological, biological and cultural effects generated by the unique military and combat environment.