Responsibility of Pilot-in-Command

2.3 Responsibility for compliance with the rules of the air

2.3.1 Responsibility of pilot-in-command

The pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air, except that the pilot-in-command may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety. (ICAO)

ICAO Annex II Chapter 2