Related Rule
Democratic Republic of the Congo
Practice Relating to Rule 154. Obedience to Superior Orders
The Democratic Republic of the Congo’s Constitution of the Transition (2003) provides:
No one is required to execute a manifestly illegal order, in particular if it violates the fundamental liberties and rights of the human person.
Proof of the manifest illegality of the order falls to the person who refuses to execute it. 
Democratic Republic of the Congo, Constitution of the Transition, 2003, Article 25.
The Democratic Republic of the Congo’s Constitution (2006) provides:
No one is required to execute a manifestly illegal order. Every individual, every agent of the State is released from the duty of obedience if the order received constitutes a manifest violation of respect for human rights and public liberties and morals.
Proof of the manifest illegality of the order falls to the person who refuses to execute it. 
Democratic Republic of the Congo, Constitution, 2006, Article 28.
In November 2006, in the Bongi Massaba case, a case against a captain of the armed forces of the Democratic Republic of the Congo, the Military Court of the Eastern Province held:
War crime of violence to life and person
Whereas that offence is provided for and punished by article 8.2)c)i [of the 1998 ICC Statute];
Whereas that offence consists of the following constitutive elements:
1. The perpetrator must have killed one or more persons;
Whereas, in the present case, the defendant Blaise Nogi Massaba has admitted having given the order to the group composed of warrant officer Batanga, Sergeant-Major Mwanga, Sergeant Ramazani, Captain Mpinda and Corporal Takakule, to promptly execute the pupils who had carried the pillaged objects, …
Whereas the defendant Blaise Bongi claims that he himself executed an order received from Major Faustin Kakule, who has contested this during the preliminary investigation and preparation of the trial;
Whereas article 28 of the Constitution of the Democratic Republic of the Congo stipulates:
“No one is required to execute a manifestly illegal order”;
Whereas the unlawfulness of the order allegedly given by Major Faustin Kakule could not have been doubted and the defendant Blaise Bongi Massaba would have had to refuse executing it if such an order really had been given …
Whereas Professor Verhaegen reports, in this sense, the decision of the Belgian Military Court in 1966, which the Military Court embraces:
“the act does not only constitute murder according to the provisions of the Congolese [Penal] Code, but also a flagrant violation of the laws and customs of war and the laws of humanity;
the unlawfulness of the order being manifest, the defendant had to abstain from executing it”;
Whereas, therefore, the criminal responsibility of the defendant Blaise Bongi Massaba can in no case be lifted. 
Democratic Republic of the Congo, Military Court of the Eastern Province, Bongi Massaba case, Judgment on Appeals, 4 November 2006.