GENERAL PART
Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT
Article 40'. Execution of an Order or Command from a Superior
(2) A person who intentionally committed a crime in order to execute a clearly illegal order or command from a superior shall be criminally liable based on general principles. Non- execution of the clearly illegal order or command shall exempt the person from criminal liability.
(3) For the purposes of this article, the order or command from a superior to commit genocide or a crime against humanity shall be clearly illegal.
SPECIAL PART
Chapter I
CRIMES AGAINST THE PEACE AND SECURITY OF HUMANITY, WAR CRIMES
Article 138. Violation of International Humanitarian Laws
(1) The execution of an illegal order that leads to the commission of crimes provided in art. 137 shall be punished by imprisonment for 5 to 10 years.
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.