Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Rwanda’s Presidential Order Establishing Army General Statutes (2002) provides:
Any officer and/or man heading a service shall be answerable to his hierarchical superiors for the smooth functioning of that service. He shall be required, therefore, to punish or cause to be punished all abuses, negligence or breaches of laws and regulations that may come to his notice in the exercise of his functions.
Any officer and man in a command position shall assume full responsibility for all orders he gives to his subordinates.
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Without prejudice to the provisions of the Penal Code relating to attempt and criminal participation, the following acts are punished by the penalties provided for the offences addressed by this law:
1° an order, even when without effect, to commit one of the crimes addressed by this law.