neb: We're just talking past each other here, go and google "doctrine of command responsibility" and then we can continue the discussion. Or, to make it easy for you, quoting the Oxford Bibliographies in International Law:The doctrine of command or superior responsibility stipulates that a superior—a military or civilian leader—can be held criminally responsible when his subordinates commit international crimes. The doctrine has become part of customary international law and has been incorporated into the statutes of the international criminal tribunals and into the Rome Statute of the International Criminal Court (ICC).
Link please

