2 to 5 of the present statute was committed by a subordinate does not relieve his superior of criminal responsibility if he 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 an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires.
Article 8
Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991.
Article 9
Concurrent jurisdiction
1. The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991.
2. The International Tribunal shall have primacy over national courts. At any stage of the procedure, the International Tribunal may formally request national courts to defer to the competence of the International Tribunal in accordance with the present statute and the rules of procedure and evidence of the International Tribunal.
Article 10
Non bis in idem
1. No person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present statute, for which he or she has already been tried by the International Tribunal.
2. A person who has been tried by a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal only if:
(a) the act for which he or she was tried was characterized as an ordinary crime; or
(b) the national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime under the present statute, the International Tribunal shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served.
Article 11
Organization of the International Tribunal
The International Tribunal shall consist of the following organs:
(a) The Chambers, comprising two Trial Chambers and an Appeals Chamber;
(b) The Prosecutor; and
(c) A Registry, servicing both the Chambers and the Prosecutor.
Article 12
Composition of the Chambers
The Chambers shall be composed of eleven independent judges, no two of whom may be nationals of the same State, who shall serve as follows:
(a) Three judges shall serve in each of the Trial Chambers;
(b) Five judges shall serve in the Appeals Chamber.
Article 13
Qualifications and election of judges
1. The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal
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