Rome Statute
Part 3: General Principles of Criminal Law

Article Art. 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:

(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, article orders to commit genocide or crimes against humanity are manifestly unlawful.

Source: Article 33 — Superior orders and prescription of law, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Jun. 25, 2022

Art. 33’s source at icc-cpi​.int