Bosnia and Herzegovina
Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Bosnia and Herzegovina’s Criminal Code (2003) states:
The fact that any of the criminal offences referred to in Article 171 through 175 and Article 177 through 179 of this Code [Articles 171 (Genocide), 172 (Crimes against Humanity), 173 (War Crimes against Civilians), 174 (War Crimes against the Wounded and Sick), 175 (War Crimes against Prisoners of War), 177 (Unlawful Killing or Wounding of the Enemy), 178 (Marauding the Killed and Wounded at the Battlefield) and 179 (Violating the Laws and Practices of Warfare)] was perpetrated by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
The Report on the Practice of Bosnia and Herzegovina states: “The superior officer is obliged to instigate proceedings for taking legal sanctions against the persons violating the rules of the international law of war.”