Manifestly unlawful order

Kosovo

Kosovo - Criminal Code 2019 EN

Article 16 Superior order
2.Orders to commit genocide, war crimes or crimes against humanity are unlawful under all circumstances.

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.