GENERAL PART
Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY
Liability of Military Commanders and Other Superiors
Article 104
(1) A military commander shall be sentenced to imprisonment between one and eight years for criminal offences referred to in Articles 100 to 103 of this Penal Code, which were committed by the units under his actual command and control, because he did not correctly perform control over these units and did not carry out all appropriate and required measures within his competences to prevent or stop these criminal offences or he failed to submit the matter to the competent authorities for investigation and persecution, even though he knew his units committed or could have committed in given circumstances such criminal offences.
GENERAL PART
Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY
Liability of Military Commanders and Other Superiors
Article 104
(1) A military commander shall be sentenced to imprisonment between one and eight years for criminal offences referred to in Articles 100 to 103 of this Penal Code, which were committed by the units under his actual command and control, because he did not correctly perform control over these units and did not carry out all appropriate and required measures within his competences to prevent or stop these criminal offences or he failed to submit the matter to the competent authorities for investigation and persecution, even though he knew his units committed or could have committed in given circumstances such criminal offences.
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.