5. (1) Where a member of a force who is under the effective command and control of a military commander commits an offence under section 2, the military commander also commits that offence where he or she—

(a) fails to exercise proper control over the members of those forces,

(b) knows, or ought to know, that members of those forces are committing, or are about to commit, that offence, and

(c) fails to take all necessary and reasonable measures within his or her power to prevent or repress the commission of the offence concerned or to submit the matter to the competent authorities for investigation and prosecution.

(2) Where a person, who is under the authority and control of a person who is his or her superior, commits an offence under section 2, the superior also commits that offence where he or she—

(a) fails to exercise proper control over the person,

(b) knows, or ought to know, that the person is committing, or is about to commit, that offence,

(c) had effective responsibility for and control over the person, and

(d) fails to take all necessary or reasonable measures within his or her power to prevent or repress the commission of that offence or to submit the matter to the competent authorities for investigation and prosecution.