Manifestly unlawful order

Croatia

Croatia - Constitution 1990 (2001) EN

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

1. COMMON PROVISIONS

Article 20

Whosoever violates the provisions of the Constitution concerning human rights and fundamental freedoms shall be held personally liable and may not be exculpated by invoking a higher 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.