@Flying Stone,
Since you're quoting ICAO DOC 8168, please find the following passage from the same document:
3.1.3 Nothing in the procedures specified in 3.2 hereunder shall prevent pilots-in-command from exercising their best judgment and full authority in the choice of the best course of action to resolve a traffic conflict or avert a potential collision.
That's basically the point I'm trying to make.