Manifestly unlawful order

Lao People's Democratic Republic (Laos)

Laos - Criminal Code 2017 EN

''Part I, Chapter 4, Prescription in Criminal Proceedings, And Exemption from Criminal Liabilities, Article 39 Obeying an Order''

Obeying an order shall be regarded as a circumstance that leads to exemption from criminal liability if it meets the following criteria:

1. The actor shall have received an order from a person who has the right and duty to issue the order;

2. The order shall be issued in conformity with laws;

3. The person obeying the order shall have the right and duty to obey such order; and

4. The person obeying the order shall implement the order within the scope of the order and in conformity with laws.

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.