Spans in 'Cambodia - Criminal Law Provisions' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Cambodia - Criminal Law Provisions'

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 2 - EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 32: Authorisation by law or lawful authority
A person shall not be criminally responsible if he or she performs an act prescribed or authorised by law.

A person shall not be criminally responsible if he or she performs an act ordered
by a lawful authority, unless the act was manifestly unlawful.

The perpetrator, co-perpetrator, instigator, or accomplice of genocide, or of a crime against humanity, or a war crime shall not, under any circumstances, be excused from criminal responsibility on the ground that:

(1) he or she committed an act prescribed, authorised or not prohibited by the law in force:
(2) he or she acted by order of a lawful authority.

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.