Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Ukraine’s IHL Manual (2004) states:
The fact that a violation of the law of armed conflicts was committed by a subordinate person shall not relieve his/her commanders of disciplinary or criminal responsibility provided that they were aware of the subordinate’s intentions and failed to take all possible precautionary measures to prevent violations.
Ukraine’s Criminal Code (2001) provides for a fine or imprisonment for the “intentional non-stopping of a crime committed by a subordinate”, as well as for the failure by a military service official, who is an investigation authority, of carrying out investigations against a subordinate for alleged crimes.