Spans in 'South Africa: Implementation of the ICC Statute' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'South Africa: Implementation of the ICC Statute'

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More information about the document 'South Africa: Implementation of the ICC Statute'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Jurisdiction of South African Courts and Institution od Prosecutions in South African Courts in Respect of Crimes (ss 4-5)

4 Jurisdiction of South African courts in respect of crimes

(2) Despite any other law to the contrary, including customary and conventional international law, the fact that a person

(a) is or was a head of State or government, a member of a government or parliament, an elected representative or a government official; or

(b) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior,

is neither-

(i) a defence to a crime; nor

(ii) a ground for any possible reduction of sentence once a person has been convicted of a crime.

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.