Practice question
A subordinate carries out an order to commit genocide and invokes Section12’s superior-order exception, claiming the order was not manifestly unlawful. All other relevant facts are stipulated. What does the statute expressly provide?
- Orders to commit genocide or other crimes against humanity are manifestly unlawful
- All superior orders are necessarily lawful
- A genocide order can never be examined
- Obedience automatically eliminates every liability
- Only the order’s paper format matters
Legal references
- RA9851: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Sections5,10–12.
- Rome Statute: https://legal.un.org/icc/statute/99_corr/cstatute.htm Article6.
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