Practice Relating to Rule 145. Reprisals
Section D. Order at the highest authority of government
Italy’s IHL Manual (1991) provides: “A reprisal is ordered by the Head of Government or by the authorities to which the power to order them has been lawfully delegated.”
Italy’s Law of War Decree (1938), as amended in 1992, provides:
Reprisals … are ordered by means of a “decree” of il Duce or by a delegated authority from him.
Reprisals … inasmuch as they consist of military operations, can also be ordered by the supreme commander, or, when an immediate or exemplary action is necessary, by any other commander.