Article 37
Criminal liability of legal persons
1. A legal person is liable for the criminal offense committed by the responsible person, who committed the offense by acting on behalf of the legal person and for its benefit or interest or to cause damage with that criminal offense.
2. The liability of a legal person under the paragraph 1. of this Article exists if the criminal offense of the responsible person is a result of:
2.1. a power to represent the legal person, an authority to take decisions on behalf of the legal person or an authority to exercise control within the legal person; or
2.2. lack of supervision or control by the person defined in sub-paragraph 2.1. of this paragraph that has made possible the commission of the criminal offence for the benefit of the legal person by a responsible person under its authority.
3. Pursuant to the conditions set out in paragraphs 1. and 2. of this Article, the legal person shall also be liable for criminal offenses in cases of the responsible person, who has committed the criminal offense but who was not sentenced for that criminal offense.
4. The criminal liability of the legal person does not exclude a responsible person from the criminal liability, who has committed, organized, incited or assisted in committing the same criminal offense.
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.