|Appeal Judgement - 30.01.2015||
POPOVIĆ et al.
430. In holding that the crime of genocide does not require the existence of a State policy, the Trial Chamber relied on, inter alia, the Krstić, Jelisić, and Kayishema and Ruzindana Appeal Judgements. […] In the Jelisić Appeal Judgement, the Appeals Chamber held that “the existence of a plan or policy is not a legal ingredient of the crime”, while in Kayishema and Ruzindana the ICTR Appeals Chamber stated that “a genocidal plan is not a constituent element of the crime of genocide”. Although these judgements do not explicitly address the issue of State policy, the Appeals Chamber considers that if a policy is not a legal requirement, it follows that State policy cannot be a legal requirement. Thus, the question of whether the existence of a State policy is required for the crime of genocide has already been considered by the Tribunal.
 [Popović et al.] Trial Judgement, paras 828-830.
 Jelisić Appeal Judgement, para. 48.
 Kayishema and Ruzindana Appeal Judgement, para. 138.