Democratic Republic of the Congo
Practice Relating to Rule 155. Defence of Superior Orders
The Democratic Republic of the Congo’s Law Relative to Sexual Violence (2006), modifying and completing the Congolese Penal Code, provides:
Until now, Congolese penal law did not contain all the incriminations international law, since 1946, has established as offences, as a dissuasive bulwark against those who, big or small, violate international law, in particular humanitarian law, thereby denying the civilian population the quality and the values of humanity.
Thus, the present law modifies and completes the Congolese penal code by integrating rules of international humanitarian law relative to offences of sexual violence. Thereby, it largely takes into account the protection of the most vulnerable persons, notably women, children and men victims of offences of sexual violence.
A section X is added to Book 1 of the Penal Code, formulated as follows:
Section X: Irrelevance of official capacity and hierarchy in the matter of offences relative to sexual violence
The hierarchy or the order of a legitimate civilian or military authority in no way exempts the perpetrator of an offence relative to sexual violence from his responsibility.