Practice Relating to Rule 151. Individual Responsibility
Malaysia’s Geneva Conventions Act (1962) provides:
Any person, whatever his citizenship or nationality, who, whether in or outside the Federation, commits, or aids, abets or procures the commission by another person of any such grave breach of [Article 50 of the 1949 Geneva Convention I, Article 51 of the 1949 Geneva Convention II, Article 130 of the 1949 Geneva Convention III and Article 147 of the 1949 Geneva Convention IV], shall be guilty of an offence and on conviction thereof [be punished].
In its written statement submitted to the ICJ in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in 2004, Malaysia stated:
To the extent that the construction and maintenance of the Wall in Occupied Palestinian Territory constitute grave breaches of the Fourth Geneva Convention, individual criminal responsibility is involved and all States parties to the Convention, including Israel, are under the obligation to prosecute the individuals responsible for these breaches.