Spans in 'Mauritius - ICC Act 2011' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Mauritius - ICC Act 2011'

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More information about the keyword 'Manifestly unlawful order'
More information about the document 'Mauritius - ICC Act 2011'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAuRITIUS

6. Official capacity and superior’s orders

(2)
(a)
(iii) the order was not manifestly unlawful.
(b) For the purposes of paragraph (a), orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful

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.