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The International Crimes Act, 2008
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. 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.
2. 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.
3. 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. 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:
(a) The person suffers from a mental disease or defect that destroys that
person’s capacity to appreciate the unlawfulness or nature of his or her
conduct, or capacity to control his or her conduct to conform to the
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