Practice Relating to Rule 155. Defence of Superior Orders
Niger’s Penal Code (1961), as amended in 2003, under a chapter entitled “Crimes against humanity and war crimes” providing for the punishment of a list of offences such as genocide, crimes against humanity and war crimes in the meaning of the 1949 Geneva Conventions and the 1977 Additional Protocols, provides:
The author or accomplice of one of the crimes set out in this chapter cannot be exonerated from his or her responsibility for the only reason that he or she committed an act stipulated or authorized by legal provisions or an act ordered by the legal authority. However, the court shall take these circumstances into consideration at the determination of the punishment.