Part 2 SPECIAL PART
Chapter 24 OFFENCES RELATING TO SERVICE IN DEFENCE FORCES
§ 446. Abuse of authority
(1) A commander who makes excessive use of his or her authority or exceeds the limits of the authority or acts in excess of the authority arising from his or her position in service and thereby causes significant damage to the rights or interests of another person that are protected by law or to the interests of the state is punishable by up to five years’ imprisonment.
(2) The same act, if committed during a state of emergency or a state of war, is punishable by one to five years’ imprisonment.
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.