Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Norway’s Penal Code (1902), as amended in 2008, states:
A military or civilian commander or person effectively acting as such is liable to punishment for breach of superior responsibility if persons under his authority and control commit a crime mentioned in sections 101 to 107[genocide, crimes against humanity and war crimes], when the crime is a result of the commander or person’s failure to exercise control properly over them, and the commander or person
a) knew or should have known that the subordinates were committing or were about to commit such a crime, and
b) failed to take necessary and reasonable measures within his power to prevent or stop the crime, or to report the matter to a competent authority for prosecution.