Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Côte d’Ivoire’s Teaching Manual (2007) provides in Book II (Instruction of non-commissioned officers and officers):
II.1.1. Responsibilities of the members of the armed forces
International humanitarian law has established individual and criminal responsibility for the respect of the humanitarian obligations.
Every member of the armed forces, whatever his rank, is personally responsible to respect the law of armed conflicts, to make sure that the others respect it and to act in case of a violation.
This responsibility lies with all; everyone therefore must answer for his conduct.
II.1.2. Responsibilities of the non-commissioned officer and officer
Respect for IHL in the theatre of operations lies mainly with the military leader … In this respect, the non-commissioned officer or officer is responsible
- for acts in violation of the rules of IHL committed by him.
[emphasis in original]
Côte d’Ivoire’s Penal Code (1981), as amended in 1995, in a chapter dealing with offences against the law of nations, provides for the punishment of certain acts committed “in time of war or occupation”, such as “crimes against the civilian population” (Article 138) and “crimes against prisoners of war” (Article 139). It further provides for the punishment of the illegal use of distinctive signs and emblems (Article 473).