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Superior orders and prescription of law

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:

    (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.


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