United Kingdom of Great Britain and Northern Ireland

The International Criminal Court Act (Overseas Territories) Order 2009

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Responsibility of commanders and other superiors
69.—(1) This section applies in relation to—

(a) offences under this Part, and
(b) offences ancillary to such offences.

(2) A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where—

(a) he either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences, and
(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Keywords

Command responsibility - national proceedings



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