Section II. A Crime
Article 37. The Execution of an Order or an Instruction
1. The causation of damage to interests protected by the present Code by a person who acted in pursuance of an order or instruction obligatory for him shall not be considered a crime. Criminal liability for the causation of such damage shall be borne by a person who issued an illegal order or instruction.
2. A person having committed a deliberate crime in pursuance of an inherently illegal order or instruction, shall bear criminal liability on general bases. Non-execution of a deliberately illegal order or instruction shall exclude criminal liability.
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.