Spans in 'Canada: CAH and WC Act' tagged with 'Superior orders'

'Superior orders' in document 'Canada: CAH and WC Act'

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The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Crimes Against Humanity and War Crimes Act 2000

14. (1) In proceedings for an offence under any of sections 4 to, 7, it is not a defence that the accused was ordered by a government or a superior — whether military or civilian — to perform the act or omission that forms the subject-matter of the offence, unless

(a) the accused was under a legal obligation to obey orders of the government or superior;
(b) the accused did not know that the order was unlawful; and
(c) the order was not manifestly unlawful.

(2) For the purpose of paragraph (1)(c), orders to commit genocide or crimes against humanity are manifestly unlawful.