A/HRC/45/CRP.11 176. Active military are required to obey lawful orders of their superiors. 440 However, according to the Law on Military Discipline adopted in December 2015, military officials are required to operate under a strict rule of obey first. 441 This law does not distinguish between lawful and unlawful orders. Only after first complying an order may they then file a written complaint regarding disagreement with the order – which must be filed to the superior that gave the order.442 Further, the Organic Law on Military Justice imposes up to a 16 years’ detention for disobedience.443 177. Under the 1999 Constitution, the National Defence Council (CODENA) is tasked with planning and advising the organs of the national public power in matters relating to the defence of the nation.444 It is to be presided by the President, and also to comprise the president of the National Assembly, the Chief Justice of the Supreme Court of Justice, the Minister of Defence, among others.445 FANB Components 178. The FANB is composed of the commander-in-chief (the President),446 the Strategic Operational Command447 (CEOFANB – Comando Estratégico Operacional),448 the Army, the Navy, the Air force, the Bolivarian National Guard and the Bolivarian Militia. The Bolivarian Militia, despite not being reflected in the Constitution as part of the National Armed Forces, was introduced for the first time as a “special component” of the FANB in the 2020 law. 449 At the operational level, the FANB includes the Strategic Regions of Integral Defence (REDI) and its subdivisions.450 The President and Commander in Chief 179. The President is commander in chief of the FANB, exercising supreme command. 451 This includes the development of operations and defining and activating “conflict areas” and the “theatres of operations”.452 Among the new powers of the commander in chief introduced in the 2020 “constitutional law” is the establishment of Special Military Economic Zones, in which the FANB can develop productive activities “to help meet their [the FANB’s] basic needs”.453 He also has under his direction the Military General Staff (Estado Mayor), an advisory body that depends on the commander in chief administratively and functionally. 454 The Presidential Honour Guard provides security and protection services to the President.455 The Army, Navy Air force and Bolivarian National Guard (GNB) 180. The Army, Navy, Air force, Bolivarian National Guard and Bolivarian Militia act, in the exercise of their operational functions, under the command and guidelines of the CEOFANB.456 They act under the direction, supervision and control of their respective commander generals, who are designated by the President. The functions of the Army (arts. 62-64), the Navy (arts. 65-67) and the Air Force (arts. 68-70) are outlined in the 2020 “constitutional law”.457 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 2020 Constitutional Law of the FANB, art. 10. Law on Military Discipline, published in Official Gazette No. 6207, 28 December 2015, arts. 16 and 175, available at https://pandectasdigital.blogspot.com/2017/02/ley-de-disciplina-militar.html. Ibid., art. 176. Organic Law on Military Justice, arts. 519 to 522. 1999 Constitution, art. 323. Ibid. Ibid., art. 23. Ibid., art. 45. Ibid., art. 56. Ibid., art. 22. Ibid. 2020 Constitutional Law of the FANB, art. 23. Ibid. 2020 Constitutional Law of the FANB, art. 25. Ibid., art. 23 and 24. Ibid., art. 27. Ibid., art. 60. Ibid., art. 61. 49