39 such capacity, or other senior state officials based on their functions, during their tenure of office. Article 46B Individual Criminal Responsibility 1. A person who commits an offence individually responsible for the crime. under this Statute shall be held 2, Subject to the provisions of Article 46Abis of this Statute, the official position of any accused person shall not relieve such person of criminal responsibility nor mitigate punishment. 3. The fact that any of the acts referred to in article 28A of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. 4. The fact that an accused person acted pursuant to the order of a Government or of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation Court determines that justice so requires. of punishment if the Article 46C Corporate Criminal Liability 1. For the purpose of this Statute, the Court shall have jurisdiction over legal 2; Corporate intention to commit an offence may be established by proof that it was the policy of the corporation to do the act which constituted the persons, with the exception of States. offence. 3. A policy may be attributed to a corporation where it provides the most reasonable explanation of the conduct of that corporation. 4. Corporate knowledge of the commission of an offence may be established by proof that the actual or constructive knowledge of the relevant information was possessed within the corporation. 6; Knowledge may be possessed within a corporation even relevant information is divided between corporate personnel. though the