Canada

Crimes Against Humanity and War Crimes Act (2000)

PROCEDURE AND DEFENCES


14. Defence of superior orders

(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.
Interpretation -- manifestly unlawful

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

Keywords

Manifestly unlawful order
Superior orders - national proceedings



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