TITLE V: BRANCHES OF THE GOVERNMENT
CHAPTER XIII: THE LIABILITY OF THE STATE AND OF ITS
SERVANTS
Article 323
The officials are the repositories of authority, legally responsible for their official
conduct, subject to the law and never above it.
No official or employee, civil or military, is required to fulfill unlawful orders or
orders that entail the commission of an offense.
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.