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The International Crimes Act, 2008
4. No provision in this Statute relating to individual criminal responsibility
shall affect the responsibility of States under international law.
Article 26
Exclusion of jurisdiction over persons under eighteen
The Court shall have no jurisdiction over any person who was under the
age of 18 at the time of the alleged commission of a crime.
Article 27
Irrelevance of official capacity
1. This Statute shall apply equally to all persons without any distinction
based on official capacity. In particular, official capacity as a Head of
State or Government, a member of a Government or parliament, an
elected representative or a government official shall in no case exempt a
person from criminal responsibility under this Statute, nor shall it, in and
of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official
capacity of a person, whether under national or international law, shall not
bar the Court from exercising its jurisdiction over such a person.
Article 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute
for crimes within the jurisdiction of the Court:
(a) A military commander or person effectively acting as a military
commander shall be criminally responsible for crimes within the
jurisdiction of the Court committed by forces under his or her effective
command and control, or effective authority and control as the case
may be, as a result of his or her failure to exercise control properly
over such forces, where:
(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
t o t h e competent authorities for investigation and
prosecution.
(b) With respect to superior and subordinate relationships not described
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