Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
Argentina’s Law of War Manual (1989), referring to Article 51 of the 1949 Geneva Convention I, Article 52 of the 1949 Geneva Convention II, Article 131 of the 1949 Geneva Convention III and Article 148 of the 1949 Geneva Convention IV, provides: “The contracting States cannot absolve themselves nor absolve any other contracting party of the liabilities incurred with respect to [grave breaches in the meaning of the 1949 Geneva Conventions]”.
Referring to Article 91 of the 1977 Additional Protocol I, the manual further provides: “The party which violates the [1949 Geneva] Conventions or [the 1977 Additional] Protocol I shall … be responsible for all acts committed by the members of its armed forces.”
In 1992, during a debate in the UN General Assembly, Argentina recommended that “belligerents engaged in an armed conflict, whether international or non-international, should … use those means which were least apt to cause damage to the environment, damage for which they would then be responsible”.