“Never in the field of human interaction has so many been able to publish so much so easily.” - Winston Churchill
Moreover, according to Prosecutor vs. Galic, (ICTY Trial Chamber), “It is not required that the superior had actually acquainted himself or herself with the information in his or her possession.” Presence of information presupposes knowledge. A newspaper by the doorstep would have been sufficient to impute awareness of criminal activities to the superior.
In this Information Age where information is as ever-present as the air around us, we don’t even have to consciously breathe in to take it in. It is beyond my imagination how news of atrocities and reports about unlawful enterprises of military subordinates would be ever “unavailable” to high-ranking military commanders. These days, word does not just get around; it is all around. If the Germans can interpose the defense of lack of knowledge because of poor communications and reporting systems, information-saturated superiors these days must be sufficiently blind or deaf to effectively feign ignorance to news, reports, communication channels as the Germans did decades ago. Unfortunately for them, we are in the age of should-have-known. Hence, the burden is shifted; it is for them to prove that they are stupid enough not to have known of the crimes committed right under their noses.
-Crisela Bernardino, entry #14