Republic of Korea
Practice Relating to Rule 155. Defence of Superior Orders
The Republic of Korea’s Operational Law Manual (1996) states that the fact that a soldier obeyed an unlawful order cannot relieve him of responsibility.
The Republic of Korea’s ICC Act (2007) provides:
Article 4 (Superior Orders)
(1) Whoever commits [genocide, crimes against humanity or war crimes] in execution of an order by the Government or a superior without realizing that the order is unlawful shall not be punished so far as there is a justifiable cause in not realizing the unlawfulness of the order.
(2) Orders to commit crimes under Article 8 [genocide] or Article 9 [crimes against humanity] are manifestly unlawful for the purposes of paragraph (1).