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Rome Statute of the International Criminal Court
PART-3: GENERAL PRINCIPLES OF CRIMINAL LAW
ARTICLE 33: Superior orders and prescription of law
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:
(a) The person was under a legal obligation to obey orders of the Government or the superior in question;
(b) The person did not know that the order was unlawful; and
(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.
Referred by:
ARTICLE 32: Mistake of fact or mistake of law