criminally responsible for crimes committed by forces under his or her effective command and
control, or effective authority and control, as the case may be, when he or she failed to exercise
proper control over such forces in cases where:
-
that military commander or person knew, or by reason of the circumstances should have
known, that those forces were committing or about to commit those crimes;
and that military commander or person failed to take all necessary and reasonable
measures within his or her power to prevent or stop their commission or to refer them to
the competent authorities for investigation and prosecution;
2° with respect to the relationship between a superior and subordinates not described in
paragraph 1° of this section, the superior shall be criminally liable for crimes committed by
subordinates under his or her effective authority and control, where he or she failed to exercise
proper control over such subordinates in cases where:
-
the superior knew that his or her subordinates were committing or about to commit such
crimes or deliberately disregarded information that clearly indicated this;
the crimes were related to activities within the superior’s effective responsibility and
control; and
the superior failed to take all necessary and reasonable measures within his or her power
to prevent or stop their commission or to refer them to the appropriate authorities for
investigation and prosecution.
The penalty is imprisonment for fifteen to twenty years and a fine of 1,000,000 to 10,000,000
francs.
Article 144: The provisions of articles 105, 114, 115, 130 and 133 relating respectively to
amnesty, mitigating circumstances, suspension and statute of limitations of the sentence, are not
applicable to the offences provided for in this chapter.
An order to commit genocide or a crime against humanity is obviously unlawful.
CHAPTER2: OFFENCES AGAINST STATE SECURITY AND NATIONAL DEFENSE
Section 1: Rreason and espionage
Article 145: shall be guilty of treason and punished by imprisonment for life or military
detention for life, any Ivorian, any soldier in the service of Côte d’Ivoire, who:
1° takes arms against Côte d’Ivoire;
2° has intelligence contacts with a foreign power, with a view to inciting such a power to
undertake hostilities against Côte d’Ivoire, or provides it with the means to do so, either by
facilitating the entry of foreign forces on Côte d’Ivoire territory, or by undermining the loyalty of
the Armed Forces, or in any other way;
3° handing over to a foreign power or its agents either Ivorian troops, or territories, towns,
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