Practice question
A superior has effective authority and control, knows subordinates are about to commit defined RA9851 crimes, and fails to take necessary and reasonable measures within his power to prevent, repress or refer the matter. The defense says Section10 applies only if he personally performs the underlying acts. Which is best?
- The statute separately addresses superior responsibility on the stipulated conditions
- Only the physical perpetrator can ever be liable
- Knowledge and control are expressly irrelevant
- A superior title itself grants immunity
- Failure to act can never be legally relevant
Legal references
- RA9851: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Sections5,10–12.
- Rome Statute: https://legal.un.org/icc/statute/99_corr/cstatute.htm Article6.
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