'Command responsibility - national proceedings' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 3. Extension of criminal responsibility
Section 9
1. A superior shall be liable to the penalties prescribed for the offences referred to in § 2 if he:
(a) intentionally permits the commission of such an offence by a subordinate;
(b) intentionally fails to take measures, in so far as these are necessary and can be expected of him, if one of his subordinates has committed or intends to commit such an offence.
2. Anyone who culpably neglects to take measures, in so far as these are necessary and can be expected of him, where he has reasonable grounds for suspecting that a subordinate has committed or intends to commit such an offence, shall be liable to no more than two-thirds of the maximum of the principal sentences prescribed for the offences referred to in § 2.
3. If, in the circumstances referred to in subsection 2, the maximum sentence prescribed for the offence is life imprisonment, the term of imprisonment imposed shall not exceed fifteen years.