BOOK II
SPECIAL PART
TITLE I
CRIMES AGAINST PEACE AND HUMANITY
CHAPTER IV
COMMON PROVISIONS
Article 136. Responsibility of military commanders and other superiors
1. A military commander or person acting as such, aware that the forces under his or her effective command and control or effective responsibility or control are committing any of the crimes provided in this title, fails to adopt all necessary and appropriate measures to prevent or deter the commission of such acts or to immediately report them to competent authorities, is punishable with the sentence corresponding to the crime(s) that has (have) actually been committed.
2. The provision of the previous subarticle is, mutatis mutandis, applicable to a superior in connection with control of subordinates under his or her effective authority and control.
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.