Central African Republic
Practice Relating to Rule 155. Defence of Superior Orders
The Central African Republic’s Disciplinary Regulations (2009) states: “The serviceman executing an order commanding the accomplishment of a manifestly unlawful act, particularly an act against the life, integrity and liberty of persons … fully engages his disciplinary and criminal responsibility”.
The Central African Republic’s Penal Code (2010) states:
Killing, injuries and blows are justified and do not result in sentencing:
1. When they were ordered by the law and by the legitimate authority;
2. When there is a state of necessity.
Nevertheless, the above-mentioned provisions are not applicable to the crime of genocide, crimes against humanity and war crimes.
The Code also states:
The author or accomplice of an offence included in this chapter [on genocide, crimes against humanity and war crimes] cannot be exonerated solely because he has committed an act prescribed or authorized by legislative or statutory clauses or by the legitimate authority.
Nevertheless, the court will consider this circumstance when it determines the sentence and its scope.