PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

6. Official capacity and superior’s orders

(1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section, to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State.
(2) (a) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for the a person convicted of an offence under that section to plead that he did the act constituting such offence in obedience to, or in conformity with, the law in force at the time, or pursuant to an order by a Government or a superior, whether military or civilian, unless –
(i) the person was under a legal obligation to obey the order of the
Government or the superior in question;
(ii) the person did not know that the order was unlawful; and
(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

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:
(a) The person was under a legal obligation to obey orders of the Government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.