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The Court suggested that given the legal consequences that now flowed from the trial judge’s comment that he should never be released, that comment could be challenged in the superior courts as manifestly excessive when made in respect of 14 and 16-year-old children.
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“(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.
在此选择内容的语言 。UN-2 UN-2
“(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
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Where a subordinate's execution of an order manifestly violates the recognized rules of public international law or a criminal statute, the superior who issued that order shall also be criminally responsible
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Article # of the Statute states that superior orders shall not relieve a person of criminal responsibility unless the subordinate was under a legal obligation to obey the order and did not know that the order was unlawful, and the order was not manifestly unlawful
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a) The lack of explanations concerning the concept of a “manifestly unlawful order” and the fact that an official having subjected a person to degrading treatment may be relieved of criminal responsibility under article # of the Penal Code if he or she was following the order of a superior
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Modifying the principle applied in the Nürnberg Tribunal and in the ad hoc international criminal tribunals, that the defence of “superior orders” cannot be raised and may only be considered in mitigation of punishment, article # of the Statute of the ICC provides that superior orders shall not relieve a person of criminal responsibility unless the subordinate was under a legal obligation to obey the order and did not know that the order was unlawful, and the order was not manifestly unlawful
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