Manifestly unlawful order

Maldives

Maldives - Constitution 2008 EN

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

64. Non-compliance with unlawful orders

No employee of the State shall impose any orders on a person except under authority of a law. Everyone has the right not to obey 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.