Chapter 11 (212/2008)
War crimes and crimes against humanity
Section 14 (212/2008)
Order of the Government and command of a superior
A person who has committed or attempted to commit a war crime, an aggravated war crime or a petty war crime pursuant to an order of an authority exercising governmental powers or of another entity exercising public authority, or pursuant to a command of a superior, is only exempt from criminal liability if:
1) the person was under a legal obligation to obey the orders of the Government or the commands of his or her superior,
2) the person did not know that the order or the command was unlawful, and
3) the order or the command was not manifestly unlawful.
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.