Chapter 16. Genocide, crimes against humanity and war crimes

Section 109. Responsibility of superiors

A military or civilian commander or person effectively acting as such is liable to punishment for breach of superior responsibility if persons under his authority and control commit a crime mentioned in sections 101 to 107, when the crime is a result of the commander or person’s failure to exercise control properly over them, and the commander or person

a) knew or should have known that the subordinates were committing or were about to commit such a crime, and

b) failed to take necessary and reasonable measures within his power to prevent or stop the crime, or to report the matter to a competent authority for prosecution,

The penalty is imprisonment for a term not exceeding 10 years, but not exceeding 30 years if the crime is serious. When assessing whether the crime is serious, importance shall be attached to the degree of seriousness and scope of the crimes the subordinates have committed and the degree to which the superior is to be blamed.