Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Morocco’s Penal Code (1962) provides:
Considered as accomplices of an offence classified as a crime or misdemeanour are those who, without direct participation in that offence, have:
1. provoked that action by gifts, threats, abuse of authority or power, culpable plots or artifice, or have given instructions for its commission;
Someone who has determined a person not punishable due to a personal condition or quality to commit an offence, is liable to the penalties repressing the offence committed by that person.
Any magistrate, public official, agent or holder of public authority or power who orders or commits any arbitrary act attacking either the individual liberty or civil rights of one or more citizens, is punished with the loss of his civil rights.
If he justifies his act by an order of his hierarchical superiors in an area of their competence, for which he owed them obedience, he benefits from an absolving excuse. In that case, the penalty is only applied to the superiors who have given the order.