PART 1
OFFENCES
5 Responsibility of military commanders and other superiors
(2) A military commander, or a person effectively acting as a military commander, shall be responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where —
(a) he either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences ; and
(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
PART 5
OFFENCES UNDER DOMESTIC LAW
Supplementary provisions
Responsibility of commanders and other superiors
69. (2) A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where—
(a) he either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences, and
(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
PART 5
OFFENCES UNDER DOMESTIC LAW
Supplementary provisions
Responsibility of commanders and other superiors
69. (4) A person responsible under this section for an offence is regarded as aiding, abetting, counselling or procuring the commission of the offence.
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.