Chapter 6. MISCELLANEOUS AND FINAL PROVISIONS
Article 17:
6° failure to act, within the limits of one's possibility to act, on the part of those who had knowledge of orders given in order to execute such a crime or acts that prepare its execution, and could prevent its consummation or put an end to it;
Chapter 6. MISCELLANEOUS AND FINAL PROVISIONS
Article 18:
The fact that any of such crimes provided for by this law has been committed by a subordinate shall not exempt the authority which is his or her superior from his or her criminal liability if he or she knew or had reasons to know that the subordinate was preparing to commit that act or had committed it and that the authority superior in hierarchy has not taken the necessary and reasonable measures to prevent the said act from being committed or to punish their perpetrators, and to inform the relevant authorities.
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.