PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS
5. Responsibility of commanders and superiors
(2) It shall not be a defence for a person, other than a person referred to in subsection (1), to plead that he had no responsibility for the crime if the crime was committed by subordinates under his effective authority and control as a superior, and there was a failure to exercise proper control over those subordinates where –
(a) he knew, or consciously disregarded information which clearly indicated, that his subordinates were committing or about to commit the offence;
(b) the offence concerned activities that were within his effective responsibility and control; and
(c) he failed to take all necessary and reasonable measures within his power to prevent or repress its commission or to submit the matter to the competent authorities for investigation and prosecution
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.