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The International Crimes Act, 2008
excluding criminal responsibility if it negates the mental element required
by such a crime, or as provided for in article 33.
Article 33
Superior orders and prescription of law
1. The fact that a crime within the jurisdiction of the Court has been
committed by a person pursuant to an order of a Government or of a
superior, whether military or civilian, shall not relieve that person of
criminal responsibility unless:
(a) The person was under a legal obligation to obey orders of the
Government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
2. For the purposes of this article, orders to commit genocide or crimes
against humanity are manifestly unlawful.
PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT
Article 34
Organs of the Court
The Court shall be composed of the following organs:
(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;
(c) The Office of the Prosecutor;
(d) The Registry.
Article 35
Service of judges
1. All judges shall be elected as full-time members of the Court and shall
be available to serve on that basis from the commencement of their terms
of office.
2. The judges composing the Presidency shall serve on a full-time basis as
soon as they are elected.
3. The Presidency may, on the basis of the workload of the Court and in
consultation with its members, decide from time to time to what extent the
remaining judges shall be required to serve on a full-time basis. Any such
arrangement shall be without prejudice to the provisions of article 40.
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