BOOK III — CRIMES AND MISDEMEANOURS
TITLE I — OFFENCES AGAINST THE STATE
CHAPTER II — OFFENCES BY PUBLIC OFFICERS
90 Penalty not applicable for acting under order of superior
The punishments specified in sections 88 and 89 shall not cease to be applicable to such functionaries or persons employed who shall have acted by order of their superior, unless the order is given by such superior for matters within his competence, and in relation to which obedience was due to such superior, in which cases the punishments above mentioned shall only be applicable to the superior who gave the order, unless he can prove that he likewise has acted under an order from superior authority.
PART II – OFFENCES AND JURISDICTION OF COURTS OF MAuRITIUS
6. Official capacity and superior’s orders
(2)
(a)
(iii) the order was not manifestly unlawful.
(b) For the purposes of paragraph (a), orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful
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.