CHAPTER VII
PENAL PROVISIONS
Article 41
For attempting, plotting, or assisting the perpetration of a violation as referred to in Article 8 or Article 9, the sentences set forth in Article 36, Article 37, Article 38, Article 39, and Article 40 shall apply.
CHAPTER VII
PENAL PROVISIONS
Article 42
1. A military commander or person acting as military commander shall be held responsible for any criminal action within the judicial scope of a Human Rights Court perpetrated by troops under his or her effective command and control, and for any such criminal action by troops under his or her effective command and control arising from improper control of these troops, namely:
a. a military commander or aforementioned person acknowledges, or under the prevailing circumstances ought to acknowledge that these troops are perpetrating or have recently perpetrated a gross violation of human rights; and
b. a military commander or aforementioned person fails to act in a proper manner as required by the scope of his or her authority by preventing or terminating such action or delivering the perpetrators of this action to the authorised official for inquiry, investigation, and prosecution.
2. Both police and civil leaders are held responsible for gross violations of human rights perpetrated by subordinates under their effective command and control resulting from a failure on the part of the leader to properly and effectively control his or her subordinates, namely:
a) the aforementioned leader is aware of or deliberately ignores information that clearly indicates his or her subordinates are perpetrating, or have recently perpetrated a gross violation of human rights; and
b) the aforementioned leader fails to act in a proper manner as required by the scope of his or her authority by preventing or terminating such action or delivering the perpetrators of this action to the authorised official for inquiry, investigation, and prosecution.
3. Actions as referred to in clause (1) and clause (2) shall be liable to the same penal provisions set forth in Article 36, Article 37, Article 38, Article 39, and Article 40.
BOOK I.
General Provisions.
CHAPTER IV
Attempt.
Article 53.
(1) Attempt to commit a crime is punishable if the intention of the offender has revealed itself by a commencement of the performance and the performance is not completed only because of circumstances independent of his will.
(2) The maximum of the basic punishments imposed on the crime in case of attempt shall be mitigated by one third.
(3) If capital punishment or life imprisonment is imposed upon a crime, a maximum imprisonment of fifteen years shall be imposed.
(4) The additional punishments for attempts are the same as for the completed crime.
BOOK I.
General Provisions.
CHAPTER V
Participation in punishable acts.
Article 55.
(1) As principals of a punishable act shall be punished :
1st, those who perpetrate, cause others to perpetrate, or take a direct part in the execution of the
act ;
2ndly-, those who intentionally provoke the execution of the act by gifts, promises, abuse of power or of respect, force, threat or deception or by providing an opportunity, means or information.
(2) In respect to the provoker only those acts which have been deliberately provoked and their consequences shall be considered.
Article 56.
As accomplices to a crime shall be punished :
1st, the persons who deliberately aid in the commission of the crime ;
2ndly, the persons who deliberately provide opportunity, means or information for the commission of the crime.
Article 57.
(1) The maximum of the basic punishments imposed upon the crime in complicity shall be mitigated by one third.
(2) If it concerns a crime on which the capital punishment or a crime on which life imprisonment is imposed, a maximum imprisonment of fifteen years shall be imposed.
(3) The additional punishment for complicity shall be the same as for the crime itself.
(4) In determining the punishment only those acts shall be considered which the accomplice has deliberately facilitated or furthered, together with their consequences.
Article 58.
The personal circumstances on account of which the imposition of the punishment is excluded, mitigated or enchanted, in applying the penal provisions shall be computed only in respect of the said principal or accomplice personally.
Article 59.
In cases where by reason of misdemeanour punishment is imposed upon directors, members of a board of management or commissioners, no punishment shall he pronounced-against the director or commissioner who evidently does not take any part in the commission of the misdemeanour.
Article 60.
Complicity to commit a misdemeanour shall not be punished.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.