Manifestly unlawful order

Lithuania

Lithuania - Criminal Code 2000 (2010) EN

GENERAL PROVISIONS

CHAPTER V
CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY

Article 33. Execution of an Order

2. A person shall be held criminally liable where he executed an order, ordinance or instruction known to be 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.