Rome Statute
Part 3: General Principles of Criminal Law

Article Art. 33
Superior orders and prescription of law


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:


The person was under a legal obligation to obey orders of the Government or the superior in question;


The person did not know that the order was unlawful; and


The order was not manifestly unlawful.


For the purposes of this, article orders to commit genocide or crimes against humanity are manifestly unlawful.

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Jun. 25, 2022