Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
According to the Report on the Practice of Pakistan, a decision of the Pakistani Federal Sharia Court “has placed a greater degree of responsibility on a Muslim commander for violations of humanitarian law after summing up various instructions of various Caliphs from Muslim history”.
45. … The provisions of article 229 of the Penal Code … reads: “When a Public Officer gives orders contrary to a law or regulation, and if he/she justifies that he/she acted according to the orders of his/her chiefs, the latter will not be sanctioned but the chiefs having given the orders shall be sanctioned”. However, if the illegality of the act is a blunder or manifest, the subordinate having executed the order shall be considered as accomplice, the cause of justification provided on the previous paragraph (art. 229, para. 2, of the Penal Code) shall not be applied.
[footnote in original omitted]
Rwanda reminds civilian and military leaders with command responsibilities that they, too, are accountable for acts of sexual violence committed on their watch. Rwanda will, on a case-by-case basis, support the adoption or extension of targeted sanctions against persistent perpetrators of rape and other forms of sexual violence.