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Article 4 (Superior Orders)
If any person who is under legal obligation to obey orders of the Government or the superior commits genocide or other crimes against humanity without knowing that the order was unlawful and have justifiable reason for not knowing this, he or she shall not be punished.
Orders to commit crimes of Article 8 or Article 9 are manifestly unlawful in case of paragraph (1).
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.