| This paper is mainly discussing an important principle in the international criminal law: the principle that obedience to the order of a superior officer will not prevent a soldier from punishment. The purpose of this paper is to probe into the true meaning of this principle, and point out how a soldier treats with the illegal order from a superior officer and in what conditions a soldier obeys the order from a superior officer. If a soldier obeys the illegal order from a superior office, what punishment he should bear.This paper consists of five chapters. Chapter One reviews the evolutional history of this principle in international law. Before the world war I, obedience to the order of a superior officer can prevent a soldier from punishment. In the Leipzig trial after the world war I, obedience to the order of a superior officer can still prevent a soldier from punishment on principle with the exception that the order is evident illegal. In the Nuremberg and Tokyo tribunal trial after the world war II, the principle that obedience to the order of a superior officer will not prevent a soldier from punishment is constructed. And the principle is perfected and developed by the International Criminal Court and its agreement.Chapter Two mainly analyses several concepts concerning with this principle, such as "evidently illegal", "moral choice" and "threat".In the next Chapter Three, Four, Five, the author makes a deep and detailed study of the theoretical choice of not obeying the illegal order, the conditions in which a soldier obey the order, and the systematic construction of not obeying the illegal order. The above discussion and analysis are based on the practices of the states, the academic writings and the basic theory of international law. In addition, the author comments on the practices of China regarding the principle that obedience to the order of a superior officer will not prevent a soldier from punishment.
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