http://www.legislation.gov.uk/asp/2001/13/section/5/madeInternational Criminal Court (Scotland) Act 2001War crimesCrime and law enforcementLegislationKing's Printer for Scotland2017-10-05 Part 1 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.