Superior / subordinate relationship (military) - national proceedings

Georgia

Georgia - Criminal Code 1999 (2016) EN

Article 1. The Criminal Code of Georgia ("saqartvelos sakanonmdeblo macne"1) No. 41(48), 1999) shall be amended as follows:

9. To article 413 the following note shall be added:
”Note: For the crimes provided for in this chapter military commander of armed forces or its sub-units or/and other superior shall be criminally responsible under this chapter even in cases when aforementioned crimes were committed by forces under his or her effective command or/and control, as a result of his or her omission"

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.