(1) It shall not be an offence for a person to carry out, in accordance with the criminal law, an order or disposal of a superior which is binding on him, if the order or disposal is not manifestly unlawful and the person carrying it out did not know that the order or instruction was unlawful. The person who issued the unlawful order or provision shall be subject to criminal liability for the act committed.

(2) A person who has intentionally committed an offence for the purpose of executing the manifestly illegal order or disposal of the superior shall be criminally liable on general grounds. Failure to execute the manifestly unlawful order or disposal shall exclude criminal liability.

(3) For the purposes of this Article, an order or disposal of a superior to commit genocide or a crime against humanity is manifestly unlawful.