SPECIAL PART
34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW
Accountability of the commandants and other superiors
Article 416-b
(1) The military commandant or the person that acts on such position is criminally accountable for all crimes stipulated in the articles 403 through 416-a, committed during war or any type of armed conflict, international or domestic, by members of regular or paramilitary armed formations under his/her direct command and control, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.
(2) The superior is criminally accountable for all crimes stipulated in articles 403 through 416-a, committed during armed conflict or in peace by his/her inferiors during performing official or other duty or working obligation, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.
Article 416-b
(1) The military commanding officer or the person acting in that position shall be
responsible for the criminal acts defined in articles 403 to 416-a, carried out by regular
or paramilitary armed forces under the superior’s command or control, during a war or an
armed conflict, regardless of whether it is an international or internal situation, and
regardless of whether the superior has had any knowledge of all the criminal activities,
they were obliged to know or they could have been aware of such activities taking
place, or they has failed to take the necessary measures and prevent the activities taking
place, or they has failed to bring charges against the perpetrators of the criminal
activities.
2) The superiors shall be responsible for all the criminal activities in articles 403-416-a
that have been carried out by the subordinates on duty, during an armed conflict or
peaceful circumstances, providing they have been aware of the activities taking place
or based upon all circumstances, the superior person was obligated and could have known that such activities are prepared to be carried out, or he has failed to take the necessary and reasonable measures to prevent their execution, or prevent or has failed to bring charges forward against the
perpetrators of the crimes.
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.