It is strictly prohibited for a member of the military to give orders whose execution constitutes a crime; … the subordinate who carries out such orders will be held responsible according to the Code of Military Justice. 

Any [member of the navy] who received an order and who considers that executing this order would manifestly result in the commission of a punishable act or a disciplinary offence must bring this to the attention of the superior who gave this order. In case the order persists, he or she must solicit [the confirmation of the order and his or her warning as regards the order’s unlawfulness] in writing in order to preclude his or her responsibility [for carrying out a manifestly unlawful order].