General provision
SECTION II
CRIME
CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT
Article 40. Execution of the order or instruction
40.2. The person, who has committed a deliberate crime by execution of obviously illegal order or instructions, shall carry out the criminal liability in accordance with general grounds.
''Section II. Crime Chapter 8. Circumstances excluding criminality of act Article 40. Execution of the order or instruction''
40.1. Causing of harm to objects protected by the present Code by a person working in the obligatory performance of the order or instruction for him, given according to rules, shall not be instituted as a crime. The criminal liability for causing of such harm shall carry out a person who has given an illegal order or instructions.
40.2. The person, who has committed a deliberate crime by execution of obviously illegal order or instructions, shall carry out the criminal liability in accordance with general grounds.
40.3. Default of illegal order or instruction shall not attract the criminal liability or punishment under the present Code, irrespective of a place of commitment a crime.
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.