Chapter 2 Crimes and Punishments
Article 39. Abuse of, Failure to Exercise, or Exceeding Authority
(a) Abuse of authority, failure to exercise authority, or exceeding authority, by a supervisor or person in charge, if done repeatedly and intentionally, or for the purpose of obtaining financial gain, or which causes some harm, is punishable by confinement from one to ten years.
(b) If the same offense results in serious consequences, then it is punishable by confinement from two to fifteen years.
(c) If the offenses referenced above in section a, and b of this article, are committed during time of war, combat, or mobilization, then it is punishable by confinement for a term of five to fifteen years.
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.