Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) is applicable “in case Azerbaijan is a participant of intergovernmental armed conflict (war) or in case of internal armed conflict in its territory, between Azerbaijan Republic and two or more parties, even if one of these parties does not confirm the existence of such a conflict” and provides for the protection of civilian persons, POWs, the wounded and the sick as well as the missing and the dead. It states: “For the violation of the provisions of this law, accused persons are subject to disciplinary, administrative or criminal liability in accordance with the legislation of Azerbaijan Republic.”
Azerbaijan’s Criminal Code (1999) provides for punishment, inter alia
, in case of war crimes (Article 57). In the chapter entitled “War crimes”, the Code contains further provisions criminalizing: the use of “mercenaries” (Article 114); “violations of [the] laws and customs of war” (Article 115); “violations of the norms of international humanitarian law in time of armed conflict” (Article 116); “negligence or giving criminal orders in time of armed conflict” (Article 117); “pillage” (Article 118); and “abuse of protected signs” (Article 119).