PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW
1. GENERAL PART
Article 5:
Superior orders and proscription of law
1. The fact that a crime included in art. 7 and 8 of the present Law has been committed by a person pursuant to an order of a superior, whether military or civilian, shall not relieve that person of criminal responsibility.
2. Crimes included in art. 9-15 of the present Law, following the execution of an order issued according to the lawful procedure by the competent authority, shall be exempt from criminal punishment, provided that the person did not know that the order was unlawful and the order was not manifestly unlawful. In this case, the person who issued the order shall be punished as the perpetrator of the crime.
Art. 6
Responsibility of military commanders and other hierarchically superiors.
A military commander or civilian superior who omits to prevent the commission of a crime proscribed by the provisions of this Law, though he has the opportunity, shall be punished as the perpetrator of this crime actually committed by his subordinate.
PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW
2. SPECIAL PART
Art. 14
Breach of duty to exercise proper control
1. A military commander who, with the exception of the case of art. 6, intentionally omits to exercise proper control upon his/her subordinates, who are subject to his/her commands or de facto control, shall be sentenced to a term of imprisonment of at least 2 years, in case that the subordinate commits or attempts to commit a criminal act proscribed in this Act, provided that the commander was able to foresee and prevent the commission of this act.
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.