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'Command responsibility - national proceedings' in document 'Samoa: ICC Act'

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The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

11. Responsibility of Commanders and other superiors -

(1) A military commander or a person effectively acting as a military commander shall be responsible for an offence under sections 5, 6 or 7 committed by forces under that person’s effective command and control or as the case may be, under that person’s effective authority and control, as a result of that person’s failure to exercise control properly over such forces where –
(a) the person either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and
(b) the person failed to take all necessary and reasonable measures within the person’s power to prevent or repress their commission or to submit the matter to the competent authorities for investigation or prosecution.