South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

Chapter 2
Jurisdiction of South African Courts and Institution od Prosecutions in South African Courts in Respect of Crimes (ss 4-5)

4 Jurisdiction of South African courts in respect of crimes

(2) Despite any other law to the contrary, including customary and conventional international law, the fact that a person

(a) is or was a head of State or government, a member of a government or parliament, an elected representative or a government official; or

(b) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior,

is neither-

(i) a defence to a crime; nor

(ii) a ground for any possible reduction of sentence once a person has been convicted of a crime.

Keywords

Manifestly unlawful order
Customary international law
Immunity - national proceedings
Superior orders - national proceedings



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