Violence to life

Notion(s) Filing Case
Appeal Judgement - 28.09.2011 SETAKO Ephrem
(ICTR-04-81-A)

257. To establish the culpability of an accused for the crime of violence to life, health, and physical or mental well-being of persons (murder) as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, the Prosecution bears the onus of proving, in addition to the threshold elements of Article 4 of the Statute recalled above,[1] the following specific elements:

  1. the death of a victim taking no active part in the hostilities;
  2. that the death was the result of an act or omission of the accused or of one or more persons for whom the accused is criminally responsible;
  3. the intent of the accused or of the person or persons for whom he is criminally responsible
    1. to kill the victim; or
    2. to wilfully cause serious bodily harm which the perpetrator should reasonably have known might lead to death.[2]
show footnotes

[1] See supra, para. 246.

[2] Kvočka et al. Appeal Judgement, para. 261; Kordić and Čerkez Appeal Judgement, para. 37; Čelebići Appeal Judgement, para. 423. 

Download full document
Notion(s) Filing Case
Appeal Judgement - 14.12.2011 BAGOSORA et al. (Military I)
(ICTR-98-41-A)

415. Similarly, the Appeals Chamber finds that the Trial Chamber did not err in entering convictions for both murder as a crime against humanity (Article 3 of the Statute) and violence to life as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II (Article 4 of the Statute) on the basis of Nsengiyumva’s role in the killings in Gisenyi town. It recalls that a conviction under Article 4 of the Statute has a materially distinct element not required for a conviction under Article 3 of the Statute, namely the existence of a nexus between the alleged crimes and the armed conflict satisfying the requirements of common Article 3 of the Geneva Conventions and Article 1 of Additional Protocol II.[1] Likewise, a conviction under Article 3 of the Statute requires proof of a materially distinct element not required under Article 4 of the Statute, namely proof of a widespread or systematic attack against a civilian population.[2]

show footnotes

[1] Ntagerura et al. Appeal Judgement, para. 427; Semanza Appeal Judgement, para. 368; Rutaganda Appeal Judgement, para. 583.

[2] Ntagerura et al. Appeal Judgement, para. 427; Semanza Appeal Judgement, para. 368; Rutaganda Appeal Judgement, para. 583. 

Download full document 		Other instruments Common Article 3 of the Geneva Conventions; Article 1 of Additional Protocol II.