Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Georgia’s Law on the Status of Military Servicemen (1998) states: “A military serviceman is subject to … criminal liability taking into account the nature and severity of the committed offences.”
Georgia’s Criminal Code (1999), in a part entitled “Crimes against peace and security of mankind and international humanitarian law”, provides a list of punishable offences such as: “genocide” (Article 407); “crimes against humanity” (Article 408); “mercenaries” (Article 410); “wilful breaches of norms of international humanitarian law committed in armed conflict” (Article 411); “wilful breaches of norms of international humanitarian law committed in international or internal armed conflict with the threat to health or causing bodily injury” (Article 412); and “other breaches of norms of international humanitarian law” (Article 413), the latter including “any other war crime provided for in the [1998 ICC Statute]”.
For some of these offences, the Code specifies that the acts be committed “in an international or internal armed conflict”.