§ 1. General provisions
Section 1
1. For the purposes of this Act:
(b) ‘superior’ means:
(i) a military commander, or a person effectively acting as such, who has effective command or authority over or exercises effective control over one or more subordinates;
(ii) a person who exercises effective authority, in a civilian capacity, over or exercises effective control over one or more subordinates.

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.