Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter 1
General provisions

Article 6
Responsibilities of military commanders and other superiors

1. Without prejudice to the provisions of the Code of Military Justice, any military commander or person acting as such a commander who knows or should know that the forces under his or her effective command and control, or effective responsibility and control, are committing or about to commit any of the crimes defined in this law and fails to take all necessary and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities, shall be liable to the penalty provided for the crime or crimes that were effectively committed.

Keywords

Command responsibility
Non-prejudice to national law



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