Section 5: Responsibility of commanders and superiors
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Responsibility of commanders and superiors
(1) It shall not be a defence for a person charged with an international
crime to plead that he had no responsibility for the crime if the crime was
committed by forces under his effective command and control, or, as the case
I15B – 3 [Issue 4]
International Criminal Court Act
may be, his effective authority and control, as military commander, or a person effectively acting as a military commander, and there was a failure to
exercise proper control over those forces where—
(a) he knew, or owing to the circumstances at the time, should
have known, that the forces were committing or about to commit the offence; and
(b) 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.
(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.
(3) Nothing in this section shall be read as restricting or excluding any
liability of the commander or superior under any other enactment or the liability
of persons other than the commander or superior.