Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
New Zealand’s Military Manual (1992) provides:
The commander is personally liable in respect of illegal acts committed by those under his command if he knew or should have known that such acts were being committed or were likely to be committed, and it is part of his responsibility to ensure that the troops under his command are aware of their obligations.
The manual further states:
[The commander] is also liable to punishment if he knew or had information which should have enabled him to conclude, in the circumstances at the time, that a subordinate was committing or going to commit a breach of the law, and failed to take all feasible steps to prevent or repress that breach.