Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
In 1983, during a debate in the Sixth Committee of the UN General Assembly on the 1954 ILC Draft Code of Offences against the Peace and Security of Mankind, the representative of China stated:
In his delegation’s view, such crimes could be committed by both individuals and States and the responsibility of either would vary only as to its character or extent. The 1954 draft Code did not exclude the responsibility of States … In addition, that type of crime could not be prevented unless the responsibility of States was established. The argument that it would be repetitive to attribute responsibility to States in the draft Code was not valid, because the Code dealt exclusively with offences against the peace and security of mankind and should be complete on that score.