Military order represents the basic form of command, but also a unique form of everyday communication in the chain of command and control of every military organization. It follows the hierarchical structure of military organizations, and in certain way, represents an axiom, expressed by the phrase “the superior’s order is the law for the subordinate”. The military order followed the dynamics of social changes through the historical context and has also evol-ved from a strictly closed military structure into a social reality with wider imp-lications, thus becoming a kind of legal institute. The basic subjects of a military order are, on the one hand, persons who are authorised and have the legal righ-ts to issue orders, while on the other hand, there are persons who receive and execute the given order. The relationship between issuing and executing orders, from the aspects of criminal law, takes place in two opposite directions. Failure to comply with an order has always represented a distinct form of socially harm-ful behaviour, and as such is criminalized as a special kind. On the other hand, the execution of an illegal order represents a very complex and controversial matter, especially in cases where the execution of such an order constitutes a cri-minal act. Therefore, in modern military organizations there is an obligation not to execute orders that have the characteristics of a criminal offence. In this con-nection, a special form of criminal responsibility of military personnel known as “command responsibility” as established, which is correlated with military orders. This paper presents and analyzes the solutions to the criminal liability of military personnel offered in the criminal legislation of Bosnia and Herze-govina, in case of non-execution of orders, i.e. execution of illegal orders. Also, through a comparative review of legal solutions in other countries, similar and different social arrangements, similarities and differences, as well as causes and consequences, will be shown.