'Superior orders - national proceedings' in document 'Samoa: ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

10. Obedience to superior orders not a defence to offences under sections 5, 6 or 7 -

(1) Notwithstanding section 9, it shall not be a defence to an offence under sections 5, 6 or 7 for the person charged with the offence to plead that the person committed the act constituting such offence pursuant to an order by a Government or a superior, whether military or civilian 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 section, orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful.