BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences
TITLE XXIV
Crimes against the International Community
CHAPTER IV
Common provisions
Article 615 bis
1. The military authority or commanding officer, or whoever acts as such, who does not take the measures available to him to prevent the forces under his effective command or control committing any of the crimes included in Chapters II, II bis and III of this Title, shall be punished with the same penalty as the principals.
2. Should the above conduct take place due to serious negligence, the punishment shall be the lower one by one or two degrees.
3. The military authority or commanding officer, or whoever acts as such, who does not take the measures available to him to pursue the crimes included in Chapters II, II bis and III of this Title committed by persons under his effective command or control shall be punished with the penalty lower by two degrees to that of the principals.
TITLE XXIV
Offences against the International Community
CHAPTER IV
General Provisions
Article 615 bis
1. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to avoid the commission of offences contained in Chapters II, II bis and II of this Title by forces under his or her effective command or control shall be sentenced in the same way as those actually committing the offences in question.
2. If the conduct referred to in the previous paragraph was the result of recklessness the sentence shall be reduced by one or two degrees.
3. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title by forces under his or her effective command or control shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
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.