War and neutrality — War in general — Enforcement of the laws of war — Punishment of war crimes and crimes against humanity — Defence of superior orders — Secret execution of resistance fighters by secret police of the occupying power — Whether legitimate act of war — Binding orders — Discretion left to addressee — The law of the Federal Republic of Germany

War and neutrality — War in general — Enforcement of the laws of war — Reprisals — Geneva Convention on the Protection of Civilian Persons in Time of War 1949 — Secret execution of suspected resistance fighters — Whether constituting reprisal in time of war — Conditions — State as originator of act of reprisal

Punishment of war crimes and crimes against humanity — Hague Convention on the Laws and Customs of War on Land 1907 — Customary law of war — Secret execution of suspected resistance fighters by secret police of occupying power — Whether legitimate act of war — Defence of superior orders — Margin of discretion left to addressee — The law of the Federal Republic of Germany