Offences within Canada
Article 5
Breach of responsibility by military commander
(1) A military commander commits an indictable offence if
(a) the military commander
(i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under, section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under; section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
Offences Outside Canada
Article 7
Breach of responsibility by a military commander
(1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under, section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
Offences Outside Canada
Article 7
Breach of responsibility by a military commander
Definitions
6) The definitions in this subsection apply in this section.
“"military commander ” includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander.
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.