Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Ethiopia’s Penal Code (1957) provides:
In case of an offence under this Code committed on the express order of a person of higher rank whether administrative or military to a subordinate, the person who gave the order is responsible for the act performed by his subordinate and is liable to punishment so far as the subordinate’s act did not exceed the order given.
Ethiopia’s Criminal Code (2004) states:
Article 73.- Responsibility of Person Giving an Order.
In the case of an act committed by a subordinate on the express order of an administrative or military superior who was competent so to do, the person who gave the order is responsible for the crime committed and is liable to punishment, where the subordinate’s act constitutes a crime and did not exceed the order given (Art. 58(3)).
The Criminal Code of 2004 repealed Ethiopia’s Penal Code of 1957.