ESPECIAL PART
SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY
CHAPTER 17
WAR CRIMES
Article 117. Inactivity or giving of criminal orders during a confrontation
117.1. Deliberate non-use by chief or official of all opportunities within their authorities concerning subordinates for prevention of commitment during a confrontation of crimes provided by articles 115-116 of the present Code
shall be punished by imprisonment for the term from five up to ten years.
117.2. The announcement in fighting zones about intention to not release anybody alive or give to subordinates obviously criminal orders or orders directed on it, or directed on commitment of crimes provided by articles 115-116 of the present Code
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.
''Special part Section VII. Crimes against peace and security of humanity Chapter 17. War crimes Article 117. Inactivity or giving of criminal orders during a confrontation''
117.1. Deliberate non-use by chief or official of all opportunities within their authorities
concerning subordinates for prevention of commitment during a confrontation of crimes
provided by articles 115-116 of the present Code—
shall be punishable by imprisonment for the term from five up to ten years.
117.2. The announcement in fighting zones about intention to not release anybody alive
or give to subordinates obviously criminal orders or orders directed on it, or directed on
commitment of crimes provided by articles 115-116 of the present Code—shall be punishable by imprisonment for the term from twelve up to twenty five
years or life imprisonment.
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.