Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Uruguay’s Disciplinary Regulations (1980) states: “No superior shall be absolved of his responsibility by his subordinates’ omission or carelessness in matters that he must and can supervise himself.”
Uruguay’s Law on Cooperation with the ICC (2006) states:
The hierarchical superior, who may be a civilian or military official, irrespective of his or her official tasks or government, is criminally responsible for the crimes set out in Titles I to III of Part II of the present law [i.e. genocide, crimes against humanity and war crimes] committed by persons under his or her authority if for reasons of his or her position, task or function, he or she knew that they were participating in some form in the commission of the aforementioned crime or offences and if he or she, despite being able to do so, has not adopted all reasonable and necessary measures within his or her reach to impede, denounce or repress the commission of such crimes and offences.