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.
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