My point is that when the general gives the order for the war crime and the soldier carries it out, it's the general who is by far the most responsible, even though all they did was speak. The heads of any organization, from a country to a company to a coven - all they do is talk, but they have the most power and are most responsible. The speech is the most significant, powerful part, not the action (with exceptions). For some crimes, no action is necessary beyond speech.

(I assume you know that speech can certainly be criminal or tortious: Fraud, slander, incitement, harassment, conspiracy, accessory, violating official secrecy, etc. But I don't think that's the issue here.)