|Appeal Judgement - 27.11.2007||
320. […] the Appeals Chamber holds, proprio motu, Judge Liu dissenting, that the Trial Chamber erred when it assessed the gravity of the offence in light of its finding that “the manner in which Simba participated in the joint criminal enterprise did not evidence any particular zeal or sadism.” The Appeals Chamber notes that the aforementioned factors are neither elements of the crime of genocide or extermination nor factors indicating the gravity of the crimes as such. The Appeals Chamber raises this issue proprio motu in order to clarify that zeal and sadism are factors to be considered, where appropriate, as aggravating factors rather than in the assessment of the gravity of an offence. Nonetheless, given the fact that the Appeals Chamber has already rejected the Prosecution’s claim that the Trial Chamber erred in not taking into account the Appellant’s sadism and zeal in aggravation on procedural grounds in the preceding paragraph, this error can not have any impact upon the Appellant’s sentence.
 Trial Judgement, para. 435.