Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
Estonia’s Penal Code (2001) provides:
Besides the author of one of the crimes set out in this chapter [i.e. crimes against humanity, crimes against peace and war crimes], the representative of the public administration or the military commander who has issued the order to commit such crime, with the consent of whom it has been committed or who has failed to prevent it although it was in his or her power to do so, shall also be punished.