A/HRC/42/CRP.1 accountable for acts committed by their members, 1404 an interpretation that appears reasonable, in particular when non-State entities are equipped with organs that have the capacity to act on their behalf, similar to a State’s structure. This is the approach adopted in the present report with respect to the de facto authorities in Yemen. 868. Victims of human rights violations are entitled to effective and prompt reparations, including compensation and guarantees of non-repetition. Similarly, a State responsible for violations of international humanitarian law is required to make full reparation for the loss or injury caused.1405 While international law places the responsibility for reparations on the State, there is increasing recognition that non-State entities must also provide reparations.1406 This is particularly pertinent when these entities are considered to be de facto authorities. (c) Individual criminal responsibility 869. Serious violations of IHL constitute war crimes.1407 Individuals are criminally responsible for war crimes they commit1408and are required to disobey an order to commit what is manifestly a war crime1409. Commanders are criminally responsible for violations of IHL committed pursuant to their orders.1410 They may also be responsible for violations carried out by persons under their command where they knew or ought to have known that the violations were being or were going to be committed and where they failed to take necessary and reasonable measures in their power to prevent their commission. Commanders also have a responsibility where they knew or ought to have known that violations had been committed by persons under their command to report the matter to the appropriate authorities for investigation and, where appropriate, prosecution. 870. Individual criminal responsibility for violations of international law applies to members of both the State armed forces and non-State armed groups.1411 In the context of Yemen, this applies to war crimes. Under international humanitarian law, States have an obligation to investigate all allegations of war crimes committed by their armed forces or nationals, as well as those allegedly committed on their territory. Where there is sufficient evidence, they have the duty to prosecute those responsible. 1412 The question then arises as to whether non-State armed entities are bound by the same obligation. The present report adopts the approach that where the non-State entity has reached a sufficient level of organization required for running functioning courts, it should be bound by the obligation to prosecute where there is sufficient evidence. This would be the case with regard to Yemen and the obligation of the de facto authorities to prosecute crimes committed by armed groups operating in the territory it controls. 1404 See ICRC Study on customary IHL, rule 149 and commentary thereto; Ezequiel Heffes & Brian E. Frenkel, “The International Responsibility of Non-State Armed Groups: In Search of Applicable Rules”, Goettingen Journal of International Law 8 (2017) 1, p. 60-61. 1405 See ICRC Study on customary IHL, rule 158; see also Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005. 1406 Luke Moffett, Reparations by Non-State Armed Groups, Armed Groups and International Law, May 2019 (https://armedgroups-internationallaw.org/2019/05/29/reparations-by-non-state-armedgroups/). 1407 ICRC Study on customary IHL, rule 156. 1408 Ibid, rule 151. 1409 Ibid, rule 155. 1410 Ibid, rule 152. This applies equally to commanders within a State’s armed forces and to the commanders of a non-State armed group. 1411 William A. Shabas, “Punishment of Non-State Actors in Non-International Armed Conflict”, Fordham International Law Journal, Volume 26, Issue 4, 2002, p. 922; Geneva Academy of International Humanitarian Law and Human Rights, “Human Rights Obligations of Armed Non-State Actors: An Exploration of the Practice of the UN Human Rights Council”, Academy In-Brief No. 7, December 2016 (https://www.geneva-academy.ch/joomlatools-files/docman-files/InBrief7_web.pdf), p. 22). 1412 See ICRC Study on customary IHL, rules 158. 208