Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Togo’s Military Manual (1996) states: “Each military commander is responsible for respect for the law of war in his sphere of command.”
The manual adds:
In case of breach of the law of war [the military commander] shall ensure that the breach ceases; that a disciplinary or criminal action is engaged. In any case, the responsibility of the military commander regarding violations committed by his subordinates is total if it is established that he has not taken any measure to prevent or repress these violations.
The manual also instructs soldiers to “prevent any breach of these instructions. Report to your superior any violation [of IHL] of which you are aware. Any breach of the laws of war is punishable.”