'Manifestly unlawful order' in document 'Greece- Adaptation of internal law to ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

1. GENERAL PART

Article 5:
Superior orders and proscription of law

2. Crimes included in art. 9-15 of the present Law, following the execution of an order issued according to the lawful procedure by the competent authority, shall be exempt from criminal punishment, provided that the person did not know that the order was unlawful and the order was not manifestly unlawful. In this case, the person who issued the order shall be punished as the perpetrator of the crime.

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.