Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Under Iraq’s Military Penal Code (1940), a commander is criminally responsible for orders that contemplate the commission of a crime.
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states:
First: A person who commits a crime within the jurisdiction of this Tribunal shall be individually responsible and liable for punishment in accordance with this Law.
Second: In accordance with this Law, and the provisions of the Penal Code, a person shall be criminally responsible if he [or she]:
B. Orders, solicits or induces the commission of such a crime, which has occurred or has been attempted.