Manifestly unlawful order

Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 45. Execution of an Order or Instruction

(1) Any injury to the interests protected by the criminal law caused by a person while executing an order or other commands, issued in the established order, is not deemed to be a crime. A person, who issued an illegal order or command, bears criminal liability for such injury.

(2) A person, who committed an intentional crime by order or other command being aware of its criminal nature shall be criminally liable on a universal basis.

(3) A person shall not be criminally liable when refusing to execute an unlawful order.

Rome Statute

Article 33 Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

(c) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.