Spans in 'Samoa: ICC Act' tagged with 'Superior responsibility

'Superior 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 -

(2) With respect to superior and subordinate relationships not described in subsection (1), a superior shall be criminally responsible for offences under sections 5, 6 or 7 committed by subordinates under the person’s effective authority and control, as a result of the person’s failure to exercise control over such subordinates where –
(a) the person either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offence;
(b) the offences concerned activities that were within the effective responsibility and control of the superior; and
(c) 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 and prosecution.