The right to refuse any command or order has been well established since the times of the Roman act none statute. Furthermore, even if the right to kill does exist, that right is limited to self defense. If the premise of the order or command given is to kill, without self defense, the order fails. None the less the nature of war also provides, the people that have taken the order to be a need at face, cannot be used in that context, to deny the commander to be accused. Circumstances do exist in the establishment where to deny the order would create a death sentence by doing that, in that sense following the order is self defense. In any event that self defense that maybe exists, is not for the commander to wield as his, it in itself is the prosecution’s failure to provide evidence at trial that diminishes the defense.