International Criminal Court (Scotland) Act 2001

5 Responsibility of military commanders and other superiors

(1) This section applies in relation to—

(a) offences under this Part of this Act; and

(b) offences ancillary to such offences.

(2) A military commander, or a person effectively acting as a military commander, shall be 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.

(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—

(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 section for an offence shall be regarded as being art and part in the commission of the offence.

(5) Nothing in this section shall be read as restricting or excluding—

(a) any liability of a commander or other superior apart from this section; or

(b) the liability of any person other than a commander or other superior.