Spans in 'Afghanistan - Penal Code' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Afghanistan - Penal Code'

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More information about the keyword 'Manifestly unlawful order'
More information about the document 'Afghanistan - Penal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section Two
CRIMES

CHAPTER FOUR
Instruments of Freedom

Part Two
Discharge of Duty

Article 56

Commitment of criminal act in the folloWing-instancos is considered discharge of duty :

3. In both instances included in this article, the assigned official is obliged to prove that his belief regarding the legitimacy of the act had been based on rational reasons and that the act was committed only after necessary precautions had boon taken ; but, if the official, by the way of provision of law, did not have the right to objoct to the orders of the competent authority, he shall under no circumstances be punished for committing a criminal act as included in paragraphs 1 and 2 of this article.

RELEVANT ROME STATUTE PROVISIONS

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.