In order to have condoned an offence, the Commander would have had to have known about it. If he/she is none-the-wiser until after the event and then, upon becoming aware of it, subsequently organises an investigation, surely he/she cannot be considered to have condoned the offence?
I have no qualms about accepting responsibility for the actions of my men and I but the latest situation does seem to be a case of going as high as possible without getting to those that are ultimately responsible?