Part 1

Offences

Offences

Responsibility of military commanders and other superiors
5
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.