Norma relacionada
Switzerland
Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Switzerland’s Basic Military Manual (1987) provides that commanders “are responsible to ensure that their troops respect the Conventions as well as for the punishment of possible breaches”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 196(2).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
5 Superiors must only give orders that can be carried out legally. Other than the individual criminal responsibility of the authors, superiors are also criminally responsible. In fact, the criminal responsibility of the superior is engaged when he orders, does not hinder or does not subject to disciplinary sanction a violation of the international law of armed conflict or of national law, or if he does not report the case of grave breaches to the prosecution authorities. He is also responsible for misbehaviour of which he could have or should have known, insofar as he does not take any measure to hinder them.
152 War crimes, i.e. violations of the international law of armed conflict, must in serious cases be reported to the investigating military authorities by the competent superior. Sanctions are the responsibility of the military justice system. The competent commander is responsible for disciplinary sanctions for minor offences.
17.3 Responsibility of superiors
247 Superiors are not only responsible for their own acts and omissions but also for acts and omissions committed under their area of responsibility of which they were aware – or should have been aware – and against which they did not intervene. 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, §§ 5, 152 and 247.
[emphasis in original]
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in the common provisions for the chapters on genocide and crimes against humanity and on war crimes:
Art. 114 a
1 A superior who knows that a subordinate commits or will commit one of the acts under … chapter 6bis [war crimes] and who does not take appropriate measures to prevent him from it is liable to the same penalty as the perpetrator of the act. If the superior acts negligently, the penalty shall be a custodial sentence not exceeding three years or a monetary penalty.
2 A superior who knows that a subordinate has committed one of the acts under … chapter 6bis and who does not take appropriate measures to ensure the punishment of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Article 114a.
The Code also states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 and 4, the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
d. … war crimes (Part 2, chapter 6bis and art. 139);
5. foreign military persons who make themselves culpable of … a war crime (Part 2, chapter 6bis and art. 139).
2 The provisions on the punishability of superiors (art. 114a) are applicable to the cases under paragraph 1, number 1(d) and number 5. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5) and (2).
[footnotes in original omitted]
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, which also contains a title on war crimes, states in the common provisions for the titles on genocide and crimes against humanity and on war crimes:
Art. 264k
1 A superior who knows that a subordinate commits or will commit one of the acts under … chapter 6bis [war crimes] and who does not take appropriate measures to prevent him from it is liable to the same penalty as the perpetrator of the act. If the superior acts negligently, the penalty shall be a custodial sentence not exceeding three years or a monetary penalty.
2 A superior who knows that a subordinate has committed one of the acts under … chapter 6bis and who does not take appropriate measures to ensure the punishment of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 264k.