Article 5 (Responsibility of Commanders and Other Superiors)
A military commander (includes any person who is effectively acting as a military commander. Hereafter, the same applies.) or superior of a group or organization (includes any person who is effectively exercising an authority of superior. Hereafter, the same applies.) shall be subject to punishment that provided for in each such article, if he or she failed to take all necessary and reasonable measures within his or her power to prevent a subordinate under his or her effective authority from committing crimes such as Genocide even though he or she has already known that the forces were committing or about to be committed.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 15 (Negligence by commanders or other superiors)
Any person who fails to prevent or stop genocide or other crimes committed by a subordinate under his or her effective command or control, as a military commander or superior of a group or institution, shall be under imprisonment for no more than 7 years.
Any person who commits an activity in paragraph (1) by negligence shall be under imprisonment for no more than 5 years.
Any person who does not report that subordinates under his or her effective command or control commits genocide or other crimes, as a military commander or superior of a group or institution, shall be under imprisonment of no more than 5 years.