TITLE XXIV
Offences against the International Community

CHAPTER II
Offences of genocide

Article 607
2. The diffusion by any means of ideas or doctrines that deny or justify the offences defined in the previous paragraph of this Article, or whose objective is to rehabilitate regimes or institutions that support practices that cause such offences shall be punishable with a term of imprisonment of one to two years.

TITLE XXIV
Offences against the International Community

CHAPTER IV
General Provisions

Article 615
Procuring, conspiring in and soliciting the commission of the offences contained in this Title shall be punishable with a sentence of one or two degrees lower than that imposed for the full commission of the offence.

Article 615 bis
1. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to avoid the commission of offences contained in Chapters II, II bis and II of this Title by forces under his or her effective command or control shall be sentenced in the same way as those actually committing the offences in question.
2. If the conduct referred to in the previous paragraph was the result of recklessness the sentence shall be reduced by one or two degrees.
3. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title by forces under his or her effective command or control shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
4. Any superior not included in the above paragraphs who, within his or her effective sphere of responsibility, does not adopt those measures within his or her control to avoid the commission by his or her subordinates of offences contained in Chapters II, II bis and III of this Title shall be sentenced in the same way as those actually committing the offences in question.
5. Any superior who does not adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title committed by subordinates shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
6. Any civil servant or authority that, without engaging in conduct referred to in the previous paragraphs, failed, in breach of his or her obligations, to encourage the prosecution of any of the offences contained in Chapters II, II bis and III of this Title of which he or she has notice shall be disqualified from holding public office or employment for a period of between two and six years.

Article 616
In the event that any of the offences included within this Title and in the previous Title is committed by an authority or civil servant, such person shall, in addition to the sentences stated for such offences, be disqualified from holding public office for a period of between ten and twenty years; if such offences were committed by a private individual, the judges or courts may disqualify such person from holding public office or employment for a period of between one and ten years.

Article 616 bis
Under no circumstances shall the provisions of Article 20.7 of this Code apply to those who follow orders to commit or participate in the situations referred to in Chapters II and II bis of this title.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.