Соответствующая норма
Spain
Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Spain’s LOAC Manual (1996) provides: “The commander must ensure that the violations cease and that disciplinary or penal action is taken.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 10.8.c.(1).
The manual further imposes on commanding officers the obligation “not to order or tolerate breaches of the humanitarian rules of war”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 11.4.b.
Spain’s LOAC Manual (2007) states:
2.2.c. DUTY TO PREVENT AND SUPPRESS BREACHES
Commanders must take the necessary measures to prevent and suppress breaches of the law of armed conflict. …
When a breach occurs, they must ensure that:
- a stop is put to the breach;
- disciplinary or legal action is taken against those who commit violations.
2.2.d. OMISSION
… Criminal and disciplinary responsibility also extends to commanders if they knew or had information that should have enabled them to conclude that a subordinate had committed or was going to commit a violation and did not take all the measures in their power to prevent or suppress it. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, §§ 2.2.c and 2.2.d; see also § 11.4.b.
The manual also states:
The fact that a breach was committed by a subordinate does not absolve his superiors from criminal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent it. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 7.6.b.(1).(b).
Spain’s Military Criminal Code (1985) imposes a prison sentence on any military officer who does not maintain due discipline in the forces under his command, who tolerates any abuse of authority or power in his subordinates, or who does not take the necessary steps to prevent a military offence among those listed under “Offences against the Laws and Customs of War”. 
Spain, Military Criminal Code, 1985, Article 137.
According to the Report on the Practice of Spain, Article 11 of Spain’s Penal Code (1995), which provides for responsibility by omission, would be applicable in regard to the commander’s duty to prevent breaches of the 1949 Geneva Conventions and the 1977 Additional Protocol I. 
Report on the Practice of Spain, 1998, Chapter 6.7, referring to Penal Code, 1995, Article 11.
Spain’s Penal Code (1995), as amended in 2003, states:
1. A military authority or commander, or any person who acts as such, who fails to adopt the measures at his or her disposal to prevent the commission of any of the crimes in Chapters II, II bis and III of the present title [which is entitled “Crimes against the International Community” and includes war crimes] by the forces under his or her command or effective control shall be punished with the same penalty as the perpetrators.
2. If the above is due to serious negligence, the penalty shall be lowered by one or two degrees.
3. A military authority or commander, or any person who acts as such, who fails to adopt the measures at his or her disposal in order to allow the prosecution of the crimes defined in Chapters II, II bis and III of the present title [which is entitled “Crimes against the International Community” and includes war crimes] committed by persons under his or her command or effective control, shall be punished with the same penalty as the perpetrators.
4. The superior not covered by the sub-sections above who within his or her mandate fails to adopt measures at his or her disposal to prevent the commission by his or her subordinates of any of the crimes defined in Chapter II, II bis and III of the present title [which is entitled “Crimes against the International Community” and includes war crimes] shall be punished with the same penalty as the perpetrators.
5. The superior who fails to adopt the measures at his or her disposal in order to allow for the prosecution of the crimes defined in Chapters II, II bis and III of the present title [which is entitled “Crimes against the International Community” and includes war crimes] committed by his or her subordinates shall be punished with a penalty two degrees lower than the perpetrators.
6. The officer or authority who, without committing any of the above and who despite his or her duties failed to promote the prosecution of any of the crimes defined in chapters II, II bis and III of the present title [which is entitled “Crimes against the International Community” and includes war crimes] within his or her knowledge, shall be punished with two to six years’ special suspension from holding any public office or employment. 
Spain, Penal Code, 1995, as amended on 25 November 2003, Article 615bis.
Spain’s Royal Ordinances for the Armed Forces (2009) states in the article on criminal responsibility for offences against international humanitarian law:
[The superior] must be aware of the grave responsibility that he or she is under and [must] assume in order to avoid the commission, by [members of] the forces under his or her command or effective control, of crimes … against protected persons and objects in the context of an armed conflict. 
Spain, Royal Ordinances for the Armed Forces, 2009, Article 56.
Upon ratification of the 1977 Additional Protocol I, Spain interpreted the term “feasible” as meaning that “the matter to which reference is made is practicable of practically possible taking into account all circumstances at the time when the situation arises, including humanitarian and military considerations”. 
Spain, Interpretative declarations made upon ratification of the 1977 Additional Protocol I, 21 April 1989, § 3.