'Joint commission' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Crimes Against Humanity and War Crimes Act 2000

4 (1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.

Crimes Against Humanity and War Crimes Act 2000

5. (1) A military commander commits an indictable offence if

(a) the military commander

(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result theperson commits an offence under, section 4, or

(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective command and control or effective authority
and control, and as a result the person commits an offence under;

(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and

(c) the military commander subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or, 6, or

(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

(2) A superior commits an indictable offence if

(a) the superior

(i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under, section 4, or

(ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under; section 6;

(b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

(c) the offence relates to activities for which the superior has effective authority and control; and

(d) the superior subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or

(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.

(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

Crimes Against Humanity and War Crimes Act 2000

6. (1) Every person who, either before or after the coming into force of this section,
commits outside Canada

(a) genocide,
(b) a crime against humanity, or
(c) a war crime,

is guilty of an indictable offence and may be prosecuted for that offence in accordance
with. section 8.

(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.

Crimes Against Humanity and War Crimes Act 2000

7. (1) A military commander commits an indictable offence if

(a) the military commander, outside Canada,

(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the
person commits an offence under, section 4, or

(ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under; section 6;

(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and

(c) the military commander subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or, 6, or

(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

(2) A superior commits an indictable offence if

(a) the superior, outside Canada,

(i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under, section 4, or (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under; section 6;

(b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

(c) the offence relates to activities for which the superior has effective authority and control; and

(d) the superior subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences underor, or

(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

(3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with. section 8.

(4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible.