Chapter II Definition of Terms

Section 3. For purposes of this Act, the term:

(f) "Effective command and control" or " effective authority and control" means having the material ability to prevent and punish the commission of offenses by subordinates.

Chapter II Definition of Terms

Section 3. For purposes of this Act, the term:

(r) " Superior" means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior.

Chapter V Some Principles of Criminal Liability

Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his/her effective command and control, or effective authority and control as the case may be, as a result of his/her failure to properly exercise control over such subordinates, where:

(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or about to commit such crimes;

(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.