Article 5 (Responsibility of Commanders and Other Superiors)
A military commander (includes any person who is effectively acting as a military commander. Hereafter, the same applies.) or superior of a group or organization (includes any person who is effectively exercising an authority of superior. Hereafter, the same applies.) shall be subject to punishment that provided for in each such article, if he or she failed to take all necessary and reasonable measures within his or her power to prevent a subordinate under his or her effective authority from committing crimes such as Genocide even though he or she has already known that the forces were committing or about to be committed.
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and
(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.