Manifestly unlawful order

Cambodia

Cambodia - Criminal Code 2009 (2014) (EN/Khmer)

TITLE 2
CRIMINAL RESPONSIBILITY

CHAPTER 2
EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 32: Authorisation by law or lawful authority

A person shall not be criminally responsible if he or she performs an act prescribed or authorised by law.
A person shall not be criminally responsible if he or she performs an act ordered
by a lawful authority, unless the act was manifestly unlawful.
The perpetrator, co-perpetrator, instigator, or accomplice of genocide, or of a crime against humanity, or a war crime shall not, under any circumstances, be excused from criminal responsibility on the ground that:
(1) he or she committed an act prescribed, authorised or not prohibited by the law in force;
(2) he or she acted by order of a lawful authority.

Cambodia - Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea 2004 EN

LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA

CHAPTER VIII – Individual Responsibility

Article 29

The fact that a Suspect acted pursuant to an order of the Government of Democratic Kampuchea or of a superior shall not relieve the Suspect of individual criminal responsibility.

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.