Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
In France and Others v. Turkey before the European Commission of Human Rights in 1983, Turkey argued that:
For a State to be liable, a violation must … continue to exist after the exhaustion of domestic remedies, and so become an act of the State itself. If the State has set up effective machinery to prosecute offences committed by its officials, these offences cannot be imputed to it. It is not correct that incidents which do not amount to administrative practices should be imputed to the Turkish Government. The persons committing such acts are personally responsible.