Article 1 Code of Crimes against International Law (CCAIL)
Part 1 General provisions
Section 3 Acting upon orders
Whoever commits an offence pursuant to Sections 8 to 14 in execution of a military order or of an order comparable in its actual binding effect shall have acted without guilt so far as the perpetrator does not realise that the order is unlawful and so far as it is also not manifestly unlawful.
SPECIAL PART
CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE
Section 357
Incitement of a subordinate to the commission of offences
(1) A superior who incites or undertakes to incite a subordinate to commit an unlawful act in public office or allows such an unlawful act of his subordinate to occur shall incur the penalty provided for this unlawful act.
(2) The same rule shall be applied to a public official to whom supervision or control over the official business of another public official has been transferred to the extent that the unlawful act committed by the supervised public official concerns the business subject to the supervision or control.
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.