Metadata
Author: MultiUn
Data
English[en]
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
Chinese[zh]
该条第(一)款规定,上级命令不得免除某人的刑事责任,除非这位下属有服从这项命令的法律义务,不知道这项命令属于非法,而且这项命令的非法性不明显。