Superior / subordinate relationship (military) - national proceedings

Kosovo

Kosovo - Criminal Code 2019 EN

Article 155
Responsibility of commanders and other leaders
1. A military commander or person effectively acting as a military commander shall be criminally liable for the criminal offenses referred to in Articles 142-150 of this Code committed by forces under his or her effective command and control, or effective authority and control, as a result of his or her failure to exercise control properly over such forces, where:
1.1. that military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such criminal offenses; and
1.2. that military commander or person 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.

Rome Statute

In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

Article 28 Responsibility of commanders and other superiors

(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.