Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Sweden’s IHL Manual (1991) provides:
The fact that a breach of the [1949 Geneva] Conventions or of [the 1977 Additional Protocol I] was committed by a subordinate does not absolve his superior from penal or disciplinary responsibility. This applies, however, only if the superiors knew, or had received intelligence enabling them to deduce, that the subordinate had committed or was about to commit such a breach, and if they had not taken all feasible steps in their power to prevent or punish the breach.
The Additional Protocol further clearly states that military commanders shall prevent breaches and if necessary punish and report such cases … Naturally, it is also very important that both commanders and men discover and report transgressions committed by units of the adversary.
Sweden’s Penal Code (1962), as amended in 1998, provides: “If a crime against international law has been committed by a member of the armed forces, his lawful superior shall also be sentenced in so far as he was able to foresee the crime but failed to perform his duty to prevent it.”