TITLE II OF HUMAN RIGHTS, OF FUNDAMENTAL FREEDOMS AND OF THE DUTIES OF THE CITIZEN AND OF THE STATE
Chapter 1 Of Civil and Political Rights
Article 28
No one is required to execute a manifestly illegal order. Every individual, every State agent is relieved from the duty to obey, when an order received constitutes a manifest infringement of the respect of the rights of man and of the public freedoms and of morality.
The proof of the manifest illegality of the order is incumbent on the person who refuses to execute it.
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.