CHAPTER 2
BREACHES OF CONVENTIONS

Failure to prevent breaches of Conventions

6. (1) A military superior officer is guilty of an offence if—

(a) forces under his or her effective command, authority and control, whether within or outside the borders of the Republic, commit a grave breach contemplated in section 5(1) or commit an offence contemplated in section 5(3) or (4) ;

(b) he or she knew, or in the circumstances ought to have reasonably known, that 15 the forces contemplated in paragraph (a) were committing such a grave breach or offence ; and

(c) he or she failed
(i) to exercise effective command, authority and control over the forces contemplated in paragraph (a) ;
(ii) to take all necessary and reasonable measures within his or her power to prevent or repress the commission of any breach or offence contemplated in paragraph (a) ; or
(iii) to submit the commission of the breach or offence contemplated in paragraph (a) to the competent authorities for investigation and 25 prosecution.

(2) Any person, whether within or outside the borders of the Republic, who fails to act when under a duty to do so in order to prevent the commission of a grave breach contemplated in section 5(1) or an offence contemplated in section 5(3) or (4) by any other person, is guilty of an offence.

(3) A military superior officer convicted of an offence in terms of subsection (1) or a person convicted of an offence in terms of subsection (2), is liable to a fine or to imprisonment, including imprisonment for life, or to such imprisonment without the option of a fine or to both a fine and such imprisonment.

(4) For the purposes of this section, a "military superior officer" includes any 35 person—

(a) acting as a military superior officer ; or
(b) in a superior position, including a civilian position, in relation to those forces.

Article 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:
(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent
authorities for investigation and prosecution.