PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
General principles of criminal law
12.
General principles of criminal law—
(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—
(a)the following provisions of the Statute apply, with any necessary modifications:
(xi)article 33 (which relates to 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.