
The issue of a military order under the provisions of international criminal law raises many interpretation doubts. On the occasion of Russia’s invasion of Ukraine, it seems to be particularly relevant. It will probably be of interest to the International Criminal Court when it comes to judging the individual perpetrators of the incident. The paper presents the evolution of the military order from the time of the International Military Tribunal in Nuremberg to the regulations in force in the Rome Statute of the International Criminal Court. However, special attention was paid to the provisions contained in the statute of the International Criminal Tribunal for the former Yugoslavia. It was the first international court to deal with this issue since the times of Nuremberg. Its experience was based on the International Criminal Court, which clarified the concept of the commander's responsibility and supplemented it with new elements.