Section 4, The Geneva Conventions Act, 2012

(1) A military commander or a person effectively actingas a military commander shall be responsible for an offence under section 2 committed by forces under his effective command and control if he fails to exercise such command and control over such forces where- (a) he knew or owing to the circumstances at the time should have known that the forces were committing or about to commit such offence and (b) he failed to take all necessary and reasonable measures within his powers to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution. (2) A superior officer who does not fall under subsection (1)shall be responsible for an offence under section 2 committed by subordinates under his effective command and control if he fails to exercise such authority and control over his subordinates where- (a) he knew or consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such offence; Act No. 34 of 1961. No. 14 Geneva Conventions Act 2012 No. 14 Geneva Conventions Act 20126 7 Adjournment. (b) the offence concerns activities that were within his command and control; (c) he failed to take 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) A person responsible under this section for an offence under section 2 shall, for the purposes of this Part be regarded as having aided, abetted, counseled or procured the commission of the offence, and is liable on conviction to imprisonment for a term not less than ten years and not exceeding 25 years. PART III- LEGAL PROCEEDINGS