Irreparable harm to victims

Notion(s) Filing Case
Appeal Judgement - 04.12.2001 KAYISHEMA & RUZINDANA
(ICTR-95-1-A)

361.    […] [P]erpetrating a crime in a manner which brings about irreparable harm to the victims and their families may also be considered an aggravation. When an individual commits a crime, there are differing degrees of physical and psychological harm to the victim which may result. Some types of harm are more severe than others. Certain forms of physical harm, for instance, are irreparable, particularly in the case of mutilation. The Trial Chamber found that Kayishema’s acts inflicted irreparable harm not only to the victims, but also to their families. This constituted an aggravating circumstance to be taken into account in sentencing. […]

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ICTR Rule Rule 101(B) ICTY Rule Rule 101(B)