Procedure and Defences

Article 14

Defence of Superior Orders

(1) In proceedings for an offence under any of sections 4 to, 7, it is not a defence that the accused was ordered by a government or a superior, whether military or civilian, to perform the act or omission that forms the subject-matter of the offence, unless

(a) the accused was under a legal obligation to obey orders of the government or superior;

(b) the accused did not know that the order was unlawful; and

(c) the order was not manifestly unlawful.

Interpretation - manifestly unlawful

(2) For the purpose of paragraph (1)(c), orders to commit genocide or crimes against humanity are manifestly unlawful.

Procedures and Defences

Article 14

Limitation - belief of accused

(3) An accused cannot base their defence under subsection (1) on a belief that an order was lawful if the belief was based on information about a civilian population or an identifiable group of persons that encouraged, was likely to encourage or attempted to justify the commission of inhumane acts or omissions against the population or group.