PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
11. Responsibility of Commanders and other superiors -
(1) A military commander or a person effectively acting as a military commander shall be responsible for an offence under sections 5, 6 or 7 committed by forces under that person’s effective command and control or as the case may be, under that person’s effective authority and control, as a result of that person’s failure to exercise control properly over such forces where –
(a) the person either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and
(b) the person failed to take all necessary and reasonable measures within the person’s power to prevent or repress their commission or to submit the matter to the competent authorities for investigation or prosecution.
(2) With respect to superior and subordinate relationships not described in subsection (1), a superior shall be criminally responsible for offences under sections 5, 6 or 7 committed by subordinates under the person’s effective authority and control, as a result of the person’s failure to exercise control over such subordinates where –
(a) the person either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offence;
(b) the offences concerned activities that were within the effective responsibility and control of the superior; and
(c) the person failed to take all necessary and reasonable measures within the person’s power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
(3) A person responsible under this section for an offence under sections 5, 6 or 7 shall, for the purposes of this Part of this Act, be regarded as having aided, abetted, counseled or procured the commission of that offence.
Individual criminal responsibility
Abetting
Aiding
Individual criminal responsibility - other form of assistance
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