United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001

PART 1
OFFENCES

5 Responsibility of military commanders and other superiors

(3) With respect to superior and subordinate relationships not described in subsection (2) above, a superior shall be responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where —
he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences ;
the offences concerned activities that were within his effective responsibility and control ; and
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

Superior responsibility - national proceedings
Superior / subordinate relationship (civilian) - national proceedings



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