Manifestly unlawful order

Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 5. – Criminal Responsibility.

32. JUSTIFICATION AND EXCUSE : COMPULSION.

(1) A person is not criminally responsible for an act or omission done or made–

(b) in obedience to the order of a competent authority that he is bound by law to obey, unless the order is manifestly unlawful ;

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.