Chapter 11 – War crimes and crimes against humanity
Section 12 - Responsibility of the superior
A military or other superior shall be sentenced for the offence or the attempt of an offence referred to in section 1, 3 through 7 or 13 in the same way as the offender or participant if forces or subordinates that are factually under the command and supervision of the superior have been guilty of an act as a consequence of the failure of the superior to properly supervise the actions of the forces or subordinates, and if
(1) the superior knew or on the basis of the circumstances he or she should have known that the forces or subordinates committed or intended to committed said offences, and
(2) the superior did not undertake the necessary measures available to him or her and that could have been reasonably expected of him or her in order to prevent the completion of the offences.
Command responsibility
Superior responsibility
Command responsibility - national proceedings
Superior responsibility - national proceedings
Superior / subordinate relationship (military) - national proceedings
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