Manifestly unlawful order

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE TWO
CRIME

CHAPTER EIGHT
CIRCUMSTANCES EXCLUDING SOCIAL DANGER OF THE CRIME

Article 44. Fulfilling orders and decrees

44.1. Causing harm to the rights and interests protected by this Code in the course of fulfilling mandatory orders or decrees shall not constitute a crime. The person giving an illegal order or decree shall be subject to criminal liability for the harm caused.

44.2. A person causing harm to others' rights and interests protected by this Code by fulfilling a knowingly illegal order or decree shall be subject to criminal liability. A person who fails to fulfill a knowingly illegal order or decree shall not be subject to criminal liability.

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.