SPECIAL PART
34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW
Accountability of the inferior for crime committed upon order by the superior
Article 416-c
(1) The commitment of the crimes stipulated in the articles 403 through 416-a upon an order by a military commandant or other superior does not release the inferior of criminal accountability.
(2) The inferior who will commit a crime stipulated in the articles 403 through 416-a upon request by the superior or upon lawful decision, if he/she had legal obligation to obey the order or decision, and he/she did not know that it is illegal, and from the circumstances it was not obvious.
''Responsibility of the subordinates for a criminal activity executed on orders given by the superior, Article 416-c''
(1) The execution of the criminal activities from articles 403 to 416-a, subsequent to an
order given by the commanding officer or any other official person does not release the
subordinates from responsibility for their criminal actions.
(2) The subordinate that shall execute a criminal activity defined in Articles 404 to 416
a acting on order given by a superior or based upon a legal decision shall not be
punished, providing the person has had a legal obligation to obey the order or the
decision, and has not been aware that the they are acting against the law and given all
the circumstances, the decision or the order seemed in compliance with the 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.