Chapter 11 – War crimes and crimes against humanity

Section 14 – Order by the Government and command of a superior

A person who has committed or attempted a war crime, an aggravated war crime or a petty war crime on the order of an authority exercising governmental power or of an entity exercising other public power or on the command of a superior is free of penal liability only if :

(1) he or she had had a legal obligation to obey the orders of the Government or the commands of his or her superior ;
(2) he or she did not know that the order or command is against the law ; and
(3) the order or command was not clearly against the 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:
(c) The order was not manifestly unlawful.