Manifestly unlawful order

France

France - Criminal Code 1994 (2005) EN

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER II
GROUNDS FOR ABSENCE OR ATTENTUATION OF LIABILITY

ARTICLE 122-4

A person is not criminally liable who performs an action commanded by a lawful authority, unless the action is manifestly unlawful.

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.