When Is a Crime a War Crime?

What is the responsibility of those in command for crimes committed by soldiers without orders, or against standing rules?

It is the duty of an officer to control and limit the conduct of his subordinates. Failure to do so makes him (as well as them) responsible for their misconduct. He is responsible to the degree to which he fails to supervise and enforce rules of conduct when he can do so. It is not necessary that he know of the misconduct he does not prevent: he is responsible even if he does not, so long as he fails to take reasonable measures to keep himself informed and to prevent misconduct. In short, commanding officers, including those at the highest level, cannot be held responsible for what under the circumstances they cannot know or prevent. But they are responsible even for what they do not know or order, or explicitly permit, provided that with reasonable diligence they could have known and prevented it.

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Ernest van den Haag

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What is the responsibility of those in command for crimes committed by soldiers without orders, or against standing rules?

It is the duty of an officer to control and limit the conduct of his subordinates. Failure to do so makes him (as well as them) responsible for their misconduct. He is responsible to the degree to which he fails to supervise and enforce rules of conduct when he can do so. It is not necessary that he know of the misconduct he does not prevent: he is responsible even if he does not, so long as he fails to take reasonable measures to keep himself informed and to prevent misconduct. In short, commanding officers, including those at the highest level, cannot be held responsible for what under the circumstances they cannot know or prevent. But they are responsible even for what they do not know or order, or explicitly permit, provided that with reasonable diligence they could have known and prevented it.