Criminal Code (Cap. 9), article 54E

54E. (1) This article applies in rel ation to offences under this Part. (2) A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective comman d and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control proper ly over such forces where - (a) he either knew, or owing to the circumstances at the time, should have know n 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. (3) With respect to superior and subordinate relationships not described in sub-article (2), a superior is responsible for off ences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properl y over such subordinates where - (a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences, (b) the offences concerned activities that were within his effective responsibility and control, and (c) 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. (4) A person responsible under this article for an offence is regarded as an accomplice in t he commission of the offence. (5) In interpreting and applying the provisions of this article (which corresponds to article 28 of the ICC Treaty ) the court shall take into account any relevant j udgment or decisi on of the ICC and account may also be taken of any other relevant international jurisprudence. (6) Nothing in this article shall be read as restricting or excluding - (a) any liability of the comman der or superior apart from this article, or (b) the liability of persons other than the commander or superior. CRIMINAL CODE [CAP. 9. 47 Mental element. Added by: XXIV .2002.13.