Special Part
Section 13.
Crimes against peace and human security
Chapter 33.
Crimes against peace and human security
Article 391. Inaction or making an illegal command during armed conflict.
1. During armed conflict, failure to take all possible measures by the commander or official, within the authority of the latter, to prevent crimes under Articles 387, 390 by the subordinates, if the commander knew or had information, which in the given situation should have helped him to conclude that the subordinate is committing or tends to commit an offence, and if within his authority, he did not take all possible measures to prohibit or to prevent this violation,
is punished with imprisonment for 5-10 years.
2. The same action which was committed recklessly, is punished with imprisonment for 2-5 years.
3. During armed conflict, an order by the commander or official to the subordinate not spare anybody’s life or other obviously criminal order, aimed at the committal of crimes envisaged in Articles 387, 390, is punished with imprisonment for 5-15 years.
Individual criminal responsibility
National penalties - war crimes
National penalties - maximum penalty
EDIT.