Rome Statute of the International Criminal Court
(b)
(i)
That military commander or person either knew or, owing to the
circumstances at the time, should have known that the forces were
committing or about to commit such crimes; and
(ii)
That military commander or person failed to take all necessary and
reasonable measures within his or her power to prevent or repress
their commission or to submit the matter to the competent authorities
for investigation and prosecution.
With respect to superior and subordinate relationships not described in
paragraph (a), a superior shall be criminally responsible for crimes within
the jurisdiction of the Court committed by subordinates under his or her
effective authority and control, as a result of his or her failure to exercise
control properly over such subordinates, where:
(i)
The superior either knew, or consciously disregarded information
which clearly indicated, that the subordinates were committing or
about to commit such crimes;
(ii)
The crimes concerned activities that were within the effective
responsibility and control of the superior; and
(iii)
The superior failed to take all necessary and reasonable measures
within his or her power to prevent or repress their commission or to
submit the matter to the competent authorities for investigation and
prosecution.
Article 29
Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.
Article 30
Mental element
1.
2.
3.
Unless otherwise provided, a person shall be criminally responsible and liable for
punishment for a crime within the jurisdiction of the Court only if the material
elements are committed with intent and knowledge.
For the purposes of this article, a person has intent where:
(a)
In relation to conduct, that person means to engage in the conduct;
(b)
In relation to a consequence, that person means to cause that consequence or
is aware that it will occur in the ordinary course of events.
For the purposes of this article, "knowledge" means awareness that a circumstance
exists or a consequence will occur in the ordinary course of events. "Know" and
"knowingly" shall be construed accordingly.
Article 31
Grounds for excluding criminal responsibility
1.
20
In addition to other grounds for excluding criminal responsibility provided for in this
Statute, a person shall not be criminally responsible if, at the time of that person's
conduct: