PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 3 Common Provisions
Section 418 Liability of a Superior
(1) A military or another superior is criminally liable for the crime of Genocide (Section 400), Attack against humanity (Section 401), Preparation of offensive war (Section 406), Incitation of offensive war (Section 407), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415), Abuse of flag and armistice (Section 416) Harming a conciliator (Section 417) committed by their subordinates, over whom they exercised their power and control, even out negligence, if he/she did not prevent them from committing such a criminal offence, failed to prevent the commission of such criminal offence, or failed to penalize them for the commission of such a criminal offence, or failed to refer them to the relevant authority for imposing such penalty.
(2) Provisions regulating the criminal liability and culpability of a subordinate offender shall apply to criminal liability and culpability of a military or another superior.
PART TWO
SPECIAL PART
CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 3
Common Provisions
Section 418 Liability of a Superior
(2) Provisions regulating the criminal liability and culpability of a subordinate offender shall apply to criminal liability and culpability of a military or another superior.
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.