Manifestly unlawful order

Guinea

Guinea - Constitution 2010 EN

TITLE II: OF THE FUNDAMENTAL FREEDOMS, DUTIES AND RIGHTS

Article 6
No one may take advantage [se prévaloir] of a received order or of an instruction to justify acts of torture, abuse [sévices] or cruel, inhuman or degrading treatments committed in the exercise or on the occasion of the exercise of their functions.

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.