Spans in 'Greece- Adaptation of internal law to ICC Statute' tagged with 'Command responsibility

'Command responsibility - national proceedings' in document 'Greece- Adaptation of internal law to ICC Statute'

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The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

1. GENERAL PART

Article 5:
Superior orders and proscription of law

2. Crimes included in art. 9-15 of the present Law, following the execution of an order issued according to the lawful procedure by the competent authority, shall be exempt from criminal punishment, provided that the person did not know that the order was unlawful and the order was not manifestly unlawful. In this case, the person who issued the order shall be punished as the perpetrator of the crime.

Art. 6
Responsibility of military commanders and other hierarchically superiors.

A military commander or civilian superior who omits to prevent the commission of a crime proscribed by the provisions of this Law, though he has the opportunity, shall be punished as the perpetrator of this crime actually committed by his subordinate.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 14
Breach of duty to exercise proper control

1. A military commander who, with the exception of the case of art. 6, intentionally omits to exercise proper control upon his/her subordinates, who are subject to his/her commands or de facto control, shall be sentenced to a term of imprisonment of at least 2 years, in case that the subordinate commits or attempts to commit a criminal act proscribed in this Act, provided that the commander was able to foresee and prevent the commission of this act.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 15
Failure to report a crime

A military commander or political superior who omits to report immediately to the competent for investigation and prosecution authority a criminal act proscribed in the present Act, which was committed by one of his/her subordinates, shall be sentenced to a term of imprisonment (from 10 days to 5 years).