In the context of deciding whether a person is excluded from Refugee Convention protection by virtue of having committed acts contrary to Article 1F(a), the effect of Article 33(1) of the Statute of the International Criminal Court (‘the Rome Statute’) is that whilst obedience to superior orders can be a defence if each of its three requirements – as set out at (a), (b) and (c) – are met, by virtue of Article 33(2) the Article 33(1)(c) requirement can never be met in cases where the order was to commit genocide or a crime against humanity. Such cases are always ‘manifestly unlawful’. For a person alleged to be criminally responsible for crimes against humanity the defence of obedience to superior orders is unavailable.
Citations:
[2012] UKUT 236 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.463331
