Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
In its judgment in the Priebke case
(Trial of First Instance) in 1996, Italy’s Military Tribunal of Rome held that Italy had been responsible for an attack in 1944 perpetrated against German soldiers by Italian partisans. It stated that although the partisans were not legitimate combatants, Italy had encouraged their actions during the war and had officially recognized them after the conflict. Accordingly, the Tribunal concluded, their actions could be ascribed to the State which was thus internationally responsible for the attack.