Article 37 – Execution of orders or instructions
2. A person who knowingly executes an unlawful order or instruction shall be criminally liable according to the general rules, unless there are other circumstances that exclude the guilt.
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.