'Command responsibility - national proceedings' in document 'Macedonia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Accountability of the commandants and other superiors

Article 416-b

(1) The military commandant or the person that acts on such position is criminally accountable for all crimes stipulated in the articles 403 through 416-a, committed during war or any type of armed conflict, international or domestic, by members of regular or paramilitary armed formations under his/her direct command and control, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.

(2) The superior is criminally accountable for all crimes stipulated in articles 403 through 416-a, committed during armed conflict or in peace by his/her inferiors during performing official or other duty or working obligation, if he/she knew or according to all circumstances was obligated and could know that they prepare or commit such crimes, or if he/she failed to take all necessary and reasonable measures to prevent their commitment or if he/she prevented or failed to press criminal charges against the perpetrators of the crimes.