Spans in 'Belgium: Serious Violations of International Humanitarian Law ' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Belgium: Serious Violations of International Humanitarian Law '

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More information about the document 'Belgium: Serious Violations of International Humanitarian Law '
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 12
An article 136 octies shall be inserted into the same Title and shall read as follows:

“Article 136 octies
2. The fact that the accused acted on the orders of his or her government or of a superior does not exempt him or her from responsibility if in the given circumstances the order could clearly have entailed the commission of one of the offences referred to in articles 136 bis, 136 ter and 136 quater.

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.