Practice Relating to Rule 151. Individual Responsibility
Argentina’s Law of War Manual (1989) reiterates the provisions of the 1949 Geneva Conventions requiring States to take the necessary legislative measures to provide effective penal sanctions for persons committing grave breaches.
The manual further notes:
Offences under the laws of war do not constitute “acts of war” and thus may be punished under the Military Penal Code or the Penal Code … All violations of the laws of war are offences which affect the international relations of the Nation and, as such, are subject to sanction.
Argentina’s Penal Code (1984) provides that the penalty applied to the perpetrator of a crime shall also be applied to persons who cooperate with the perpetrator of the crime, which would not have taken place without such cooperation, and to those who “directly caused another person to commit the crime”.