Règle correspondante
Australia
Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Australia’s Defence Force Manual (1994) states: “Specifically, a commander will be held accountable if an order is given to a subordinate to commit a breach of LOAC or knows that a breach is occurring and fails to intervene.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1304; see also Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1204.
Australia’s LOAC Manual (2006) states that “a commander will be held accountable for ordering a subordinate to commit a war crime or for failing to intervene if the commander knows that a breach is occurring”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.6.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
