PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES

CHAPTER II

CRIMINAL GUILT

Section II.- Lawful Acts, Justifiable Acts and Excuses

Sub-section II.- Justifiable Acts and Excuses

Article 74.- Responsibility of the Subordinate.

(1) The subordinate shall be liable to punishment if he was aware of the illegal nature of the order, in particular if he knew that the order was given without authority or knew the criminal nature of the act ordered, such as in cases of homicide, arson or any other grave crime against persons, or national security or property, essential public interests or international law.

(2) The Court may, without restriction, reduce the penalty when the person who performed the act ordered was moved by a sense of duty dictated by discipline or obedience; in particular where the duty is of a compelling nature the Court shall reduce the penalty without restriction (Art. 180).
The Court may impose no punishment where, having regard to all the circumstances and in particular to the stringent exigencies of State or military discipline, the person concerned could not discuss the order received and act otherwise than he did.

(3) In the event of an order being intentionally exceeded, the person who exceeded the order is alone responsible for the excess .

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.